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Well, AbilityOne (formally JWOD) does have special rules in FAR 8.7, especially 8.705-1 where it states that offices "shall" obtain supplies and services on the Procurement List...

Any complaints against AbilityOne are supposed to be handled IAW 8.711

Are you having problems with an AbilityOne supplier/contractor?

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  • 3 years later...

Am assuming since you are asking specifically about AbilityOne that you have a supply or service that is on the Procurement List (see FAR subpart 8.703) and are therefore using it as a mandatory source. Past performance is an element of responsibility. Per FAR subpart 9.102, the policy for responsibility determinations does not apply to proposed contracts with agencies for the blind or severely handicapped. Another responder referred you to FAR subpart 8.7 for procedures on complaints about the quality of work by this group. You don't examine past performance before award because the regulation establishes a procedure to resolve performance quality issues during performance. So if your research were to wend its way into FAR subpart 9, I believe you will find the exception for which you hunt.

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Also want to add that if for some reason you are in a part 15 competitive negotiation with AbilityOne (although I can't imagine the circumstance) 15.304(c )(3)(iii) provides an exception to evaluating past performance - if the CO documents the reason past performance is not an appropriate evaluation factor for the acquisition. A reason could be that contracts with AbilityOne are subject to a regulatory process for resolving performance quality issues.

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