Can a contracting activity establish a contract with the nonprofit agency during the Procurement List addition process?
Yes, but only as permitted by the FAR using authority other than the AbilityOne mandate. Contracting activities cannot use AbilityOne authority as the exception to competition for issuing a contract or in a determination and findings (D&F) for sole source contracts. Provision of products and services by nonprofit agencies under the authority of the AbilityOne Program cannot take place until the effective date of addition to the Procurement List. The Committee alone is authorized to establish the fair market price for an AbilityOne product or service, and proposed additions under AbilityOne are not legally binding until approved by the Committee.
