FAR 52.208-9—Contractor Use of Mandatory Sources of Supply or Services.
Plain-English Summary
FAR 52.208-9 tells contractors how to handle supplies and services that the Government is required by law to buy from mandatory sources, especially AbilityOne nonprofit agencies and, in some cases, DLA, GSA, or VA supply channels. The clause explains that the contract schedule will identify which items must come from those sources, and it requires the contractor to use those sources for Government-use items covered by the contract. It also sets out what to do if the mandatory source cannot deliver on time or the quality is unacceptable: the contractor must notify the Contracting Officer immediately and may not buy elsewhere until authorized. The clause further addresses where to get price and delivery information, including from the Contracting Officer, the appropriate central nonprofit agency, or the DLA/GSA/VA distribution facilities, and it states that payment must be made directly to the source that delivers the item. In practice, this clause protects statutory sourcing programs, prevents unauthorized substitutions, and helps ensure the Government receives required items through approved channels while preserving a clear process for exceptions and communications.
Key Rules
Use listed mandatory sources
For supplies or services to be provided for Government use under the contract, the contractor must obtain them from the specific mandatory sources identified in the contract schedule. These sources may include AbilityOne nonprofit agencies and, for certain items, DLA, GSA, or VA.
Follow the contract schedule
The contract schedule controls which items are mandatory-source items. Contractors should not assume an item is exempt or interchangeable unless the schedule or the Contracting Officer says so.
Notify the CO immediately
If the mandatory source cannot meet the required delivery time or the quality is unsatisfactory, the contractor must immediately notify the Contracting Officer. This notice is required before any alternative purchasing decision is made.
No alternate purchase without approval
The contractor may not buy the item from another source until the Contracting Officer notifies the contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources. Unauthorized substitution is not permitted.
Use available pricing information
Price and delivery information for mandatory supplies is available from the Contracting Officer for items obtained through DLA, GSA, or VA distribution facilities. For mandatory supplies or services not available through those channels, the appropriate central nonprofit agency provides the information.
Pay the delivering source directly
Payments must be made directly to the source that makes delivery. This ensures the mandatory-source provider receives payment for the item or service it furnished.
Responsibilities
Contracting Officer
Identify mandatory-source items in the contract schedule, provide price and delivery information for DLA/GSA/VA items, receive contractor notices of inability or unsatisfactory quality, and communicate when alternate sourcing is authorized.
Contractor
Obtain covered supplies or services from the mandatory source listed in the schedule, monitor delivery and quality, notify the Contracting Officer immediately if the source cannot perform as required, and refrain from buying elsewhere until authorization is received.
Committee for Purchase From People Who Are Blind or Severely Disabled / AbilityOne central nonprofit agency
Administer the mandatory-source program and, when appropriate, authorize purchase from other sources if the mandatory source cannot meet the requirement.
DLA, GSA, and VA
Provide certain mandatory supplies through their distribution facilities and make price and delivery information available for those items.
Source making delivery
Deliver the mandatory-source supplies or services and receive payment directly for the items or services provided.
Practical Implications
Contractors need to check the schedule early, because mandatory-source requirements can affect sourcing, pricing, lead times, and subcontracting decisions before performance starts.
If a mandatory source is late or the quality is poor, the contractor should document the issue and notify the Contracting Officer right away; waiting can delay performance and create compliance problems.
Do not treat a mandatory-source item like a normal commercial buy. Buying from another vendor without approval can violate the clause and the underlying statutory sourcing requirement.
Contracting Officers should make sure the contract schedule clearly identifies mandatory-source items, because ambiguity here is a common source of disputes and performance delays.
Payment processing should match the delivery source, so contractors and payment offices should verify who actually furnished the item before invoicing or paying.
Official Regulatory Text
As prescribed in 8.005 , insert the following clause: Contractor Use of Mandatory Sources of Supply or Services (May 2014) (a) Certain supplies or services to be provided under this contract for use by the Government are required by law to be obtained from nonprofit agencies participating in the program operated by the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) under 41 U.S.C. 8504 . Additionally, certain of these supplies are available from the Defense Logistics Agency (DLA), the General Services Administration (GSA), or the Department of Veterans Affairs (VA). The Contractor shall obtain mandatory supplies or services to be provided for Government use under this contract from the specific sources indicated in the contract schedule. (b) The Contractor shall immediately notify the Contracting Officer if a mandatory source is unable to provide the supplies or services by the time required, or if the quality of supplies or services provided by the mandatory source is unsatisfactory. The Contractor shall not purchase the supplies or services from other sources until the Contracting Officer has notified the Contractor that the Committee or an AbilityOne central nonprofit agency has authorized purchase from other sources. (c) Price and delivery information for the mandatory supplies is available from the Contracting Officer for the supplies obtained through the DLA/GSA/VA distribution facilities. For mandatory supplies or services that are not available from DLA/GSA/VA, price and delivery information is available from the appropriate central nonprofit agency. Payments shall be made directly to the source making delivery. Points of contact for AbilityOne central nonprofit agencies are: (1) National Industries for the Blind 1310 Braddock Place Alexandria, VA 22314-1691 (703) 310-0500; and (2) NISH 8401 Old Courthouse Road Vienna, VA 22182 (571) 226-4660. (End of clause)