FAR 9.107—Surveys of nonprofit agencies participating in the AbilityOne Program.
Plain-English Summary
FAR 9.107 explains how contracting offices support the Committee for Purchase From People Who Are Blind or Severely Disabled (the Committee) when the Committee is deciding whether a nonprofit agency can be added as a mandatory source under the AbilityOne Program. It covers the Committee’s role under 41 U.S.C. chapter 85, the requirement that the Committee must identify a capable nonprofit agency before designating a source on the Procurement List, and the contracting office’s role in helping assess capability. The section also addresses when a capability survey is requested, when the survey may be waived, what the survey should focus on, the use of Standard Form 1403, and the requirement to return the completed survey or waiver notice to the Committee’s Executive Director. In practice, this section ensures the Committee has enough technical and production information to make a sourcing decision while avoiding unnecessary surveys when capability is already clear. For contracting personnel, it is a process-control rule: respond promptly to Committee requests, document the basis for any waiver, and transmit the survey results or waiver notice back to the Committee so the AbilityOne decision can move forward.
Key Rules
Committee decides mandatory sources
The Committee, not the contracting office, determines which supplies and services Federal agencies must buy from AbilityOne nonprofit agencies. Before a nonprofit agency can be placed on the Procurement List as a mandatory source, the Committee must find that the agency is capable of furnishing the item or service.
Capability must be assessed first
The Committee must have a basis to conclude that the nonprofit agency can perform the work before designation. The contracting office may be asked to help assess the nonprofit agency’s capabilities, which supports the Committee’s sourcing decision.
Survey requested when needed
If the Committee asks for help, the contracting office must request a capability survey from the office that performs preaward surveys, unless the contracting office determines the nonprofit agency is capable and provides supporting rationale to the Committee so the survey can be waived.
Survey scope is limited and practical
The capability survey should focus on technical capability, production capability, and other applicable preaward survey elements relevant to the specific supplies or services being considered for the Procurement List. It is not a general-purpose review; it is tied to the particular requirement.
Use Standard Form 1403
When requesting a capability survey of organizations employing people who are blind or have other severe disabilities, the contracting office must use Standard Form 1403. This standardizes the request and helps ensure the right information is collected.
Return results to the Committee
The contracting office must send the completed survey, or a notice that the nonprofit agency is capable and the survey was waived, to the Executive Director of the Committee. This closes the loop and gives the Committee the information needed to proceed.
Responsibilities
Committee for Purchase From People Who Are Blind or Severely Disabled
Determine which supplies and services are required to be purchased from AbilityOne nonprofit agencies; identify a capable nonprofit agency before adding an item or service to the Procurement List; request contracting office assistance when needed to assess capability.
Contracting Office
Upon Committee request, either request a capability survey from the preaward-survey activity or notify the Committee that the nonprofit agency is capable and the survey is waived, with supporting rationale; use Standard Form 1403 for survey requests; provide the completed survey or waiver notice to the Committee’s Executive Director.
Activity Responsible for Performing Preaward Surveys
Conduct the capability survey when requested, focusing on technical and production capability and other relevant preaward survey elements for the specific supplies or services under consideration.
Executive Director, Committee for Purchase From People Who Are Blind or Severely Disabled
Receive the completed capability survey or the notice that the survey was waived and use that information in the Committee’s decision-making process.
AbilityOne Participating Nonprofit Agency
Demonstrate capability to furnish the specific supplies or services under consideration; provide the operational and technical information needed for the survey or waiver determination.
Practical Implications
This section is mainly about timing and documentation: if the Committee asks for a capability assessment, the contracting office has to act quickly and either obtain a survey or justify a waiver.
A common pitfall is treating the survey as a routine preaward formality; here, the survey is specifically tied to whether the nonprofit agency can support addition to the Procurement List.
Another risk is giving the Committee an unsupported waiver. If the contracting office says the survey can be waived, it should have a clear factual basis showing capability.
The survey should be tailored to the exact item or service being considered, so broad or generic capability statements are usually not enough.
Contracting offices should make sure the completed survey or waiver notice is actually transmitted to the Committee’s Executive Director; failing to close the loop can delay AbilityOne sourcing decisions.
Official Regulatory Text
(a) The Committee for Purchase From People Who Are Blind or Severely Disabled (Committee), as authorized by 41 U.S.C. chapter 85, determines what supplies and services Federal agencies are required to purchase from AbilityOne participating nonprofit agencies serving people who are blind or have other severe disabilities (see subpart 8.7 ). The Committee is required to find an AbilityOne participating nonprofit agency capable of furnishing the supplies or services before the nonprofit agency can be designated as a mandatory source under the AbilityOne Program. The Committee may request a contracting office to assist in assessing the capabilities of a nonprofit agency. (b) The contracting office, upon request from the Committee, shall request a capability survey from the activity responsible for performing preaward surveys, or notify the Committee that the AbilityOne participating nonprofit agency is capable, with supporting rationale, and that the survey is waived. The capability survey will focus on the technical and production capabilities and applicable preaward survey elements to furnish specific supplies or services being considered for addition to the Procurement List. (c) The contracting office shall use the Standard Form 1403 to request a capability survey of organizations employing people who are blind or have other severe disabilities. (d) The contracting office shall furnish a copy of the completed survey, or notice that the AbilityOne participating nonprofit agency is capable and the survey is waived, to the Executive Director, Committee for Purchase From People Who Are Blind or Severely Disabled.