FAR 8.713—Optional acquisition of supplies and services.
Plain-English Summary
FAR 8.713 addresses the optional use of AbilityOne participating nonprofit agencies to supply products or services that are not on the Procurement List. It explains when an ordering office may choose to buy from an AbilityOne nonprofit agency under other authorized acquisition methods, specifically when that nonprofit is the low responsive, responsible offeror in response to a solicitation. It also encourages ordering offices to send solicitations to AbilityOne participating nonprofit agencies that may be capable of performing the requirement. In practice, this section gives agencies flexibility to consider AbilityOne sources even when the item is not mandatory under the Procurement List, while supporting broader participation by qualified nonprofit agencies. The section matters because it can expand competition, support the AbilityOne program’s mission, and help agencies identify capable sources they might otherwise overlook.
Key Rules
Optional use outside the list
Ordering offices may buy supplies and services not on the Procurement List from an AbilityOne participating nonprofit agency. This is permissive, not mandatory, and applies when the agency is using other authorized acquisition methods.
Low responsive, responsible offeror
The nonprofit agency must be the low responsive, responsible offeror under the solicitation. In other words, the agency must meet the solicitation requirements, be determined responsible, and offer the lowest acceptable price among the offers considered.
Use authorized acquisition methods
This option applies only when the procurement is being conducted under other authorized acquisition methods. The section does not create a separate procurement process; it allows an AbilityOne nonprofit to be selected within an otherwise proper acquisition.
Forward solicitations when qualified
Ordering offices should send solicitations to AbilityOne participating nonprofit agencies that may be qualified to provide the needed supplies or services. This is a proactive outreach expectation intended to improve awareness and participation.
Responsibilities
Ordering Office
May consider and award to an AbilityOne participating nonprofit agency for items not on the Procurement List when that agency is the low responsive, responsible offeror under an authorized solicitation. Should also forward solicitations to potentially qualified AbilityOne participating nonprofit agencies.
AbilityOne Participating Nonprofit Agency
May compete for non-Procurement List requirements and, if it is the low responsive, responsible offeror, may receive the award under the solicitation.
Contracting Officer
Ensure the solicitation and award process follows the applicable authorized acquisition method, evaluate responsiveness and responsibility, and consider whether qualified AbilityOne nonprofit agencies should receive the solicitation.
Practical Implications
This section gives agencies a discretionary way to include AbilityOne nonprofits even when the requirement is not mandatory on the Procurement List.
A common pitfall is assuming AbilityOne participation is automatic; the nonprofit still must be the low responsive, responsible offeror under the solicitation.
Another risk is failing to identify and notify potentially qualified AbilityOne nonprofits, which can reduce participation and undermine the intent of the rule.
Contracting officers should document the basis for responsiveness, responsibility, and award selection just as they would in any other competitive procurement.
Because the rule is optional, agencies should align its use with market research, acquisition planning, and the chosen solicitation method.
Official Regulatory Text
(a) Ordering offices may acquire supplies and services not included on the Procurement List from an AbilityOne participating nonprofit agency that is the low responsive, responsible offeror under a solicitation issued by other authorized acquisition methods. (b) Ordering offices should forward solicitations to AbilityOne participating nonprofit agencies that may be qualified to provide the supplies or services required.