Overview
This section outlines the specific conditions and procedural requirements under which a federal ordering office may bypass the mandatory AbilityOne Procurement List to acquire supplies or services from commercial sources through an authorized "purchase exception."
Key Rules
- Authorization Requirement: Federal agencies are prohibited from purchasing items on the Procurement List from commercial sources unless a central nonprofit agency (CNA) or the Committee specifically grants a purchase exception.
- Mandatory Grounds for Exceptions: CNAs must grant exceptions if the AbilityOne participating agencies cannot meet the required delivery timeline (while commercial sources can) or if the required quantity cannot be produced economically by AbilityOne.
- Specificity: Every exception must clearly define the authorized quantity and the specific delivery or performance period covered.
- Contracting Officer (CO) Obligations: Upon receiving an exception, the CO must initiate the purchase action within 15 days (unless an extension is granted) and must provide a copy of the resulting solicitation to the CNA.
- Committee Discretion: The AbilityOne Committee retains broad authority to grant purchase exceptions under any circumstances it deems appropriate, beyond the standard economic or timing constraints.
Practical Implications
- Contracting officers must proactively coordinate with CNAs (such as NIB or SourceAmerica) to document delivery failures or economic constraints before turning to the open market to ensure compliance with mandatory source priority.
- The 15-day "use it or lose it" window for initiating procurement means that acquisition teams should have their solicitation packages ready for release immediately upon receipt of the exception to avoid expiration.