Contracting activities may acquire supplies or services that are on the procurement list from commercial sources, if the acquisition is under the micro-purchase threshold and the government purchase card is used.
The Correct Answer and Explanation is:
Correct Answer: False
Explanation
The statement is false. Contracting activities may not acquire supplies or services that are on the Procurement List from commercial sources—even if the acquisition is under the micro-purchase threshold and the Government Purchase Card (GPC) is used.
The Procurement List is maintained by the U.S. AbilityOne Commission under the Javits-Wagner-O’Day (JWOD) Act. It includes products and services that are mandatory sources of supply for federal agencies. These items must be purchased from nonprofit agencies that employ people who are blind or have other significant disabilities.
According to Federal Acquisition Regulation (FAR) 8.002 and 8.703, agencies are required to give priority to mandatory sources such as:
- Supplies and services on the Procurement List (AbilityOne Program),
- Federal Prison Industries (FPI),
- Wholesale supply sources like GSA and DLA.
Even when an acquisition falls under the micro-purchase threshold (currently $10,000 for most purchases), the use of the Government Purchase Card (GPC) does not override the requirement to buy from the Procurement List if the needed item or service is available there.
Purchases made outside of this rule—even unintentionally—can result in non-compliance with federal acquisition regulations. In such cases, the agency may be subject to audits or corrective actions, and the contracting officer may be held accountable.
Therefore, if an item or service is on the Procurement List, the agency must procure it from an AbilityOne participating nonprofit agency, regardless of the dollar amount or payment method used. Exceptions are rare and must be approved through proper channels.
This regulation ensures that employment opportunities are preserved for individuals with disabilities, fulfilling the purpose of the AbilityOne Program and adhering to federal procurement law.
