1. (a) 41 U.S.C. chapter 85 requires the Government to purchase supplies or services on the Procurement List, at prices established by the Committee, from AbilityOne participating nonprofit agencies if they are available within the period required. When identical supplies or services are on the Procurement List and the Schedule of Products issued by Federal Prison Industries, Inc., ordering offices shall purchase supplies and services in the following priorities:

   1. (1) Supplies:

      1. (i) Federal Prison Industries, Inc. (41 U.S.C. 8504).
      2. (ii) AbilityOne participating nonprofit agencies.
      3. (iii) Commercial sources.

   2. (2) Services:

      1. (i) AbilityOne participating nonprofit agencies.
      2. (ii) Federal Prison Industries, Inc., or commercial sources.
2. (b) No other provision of the FAR shall be construed as permitting an exception to the mandatory purchase of items on the Procurement List.
3. (c) The Procurement List identifies those supplies for which the ordering office must obtain a formal waiver (8.604) from Federal Prison Industries, Inc., before making any purchases from AbilityOne participating nonprofit agencies.

[48 FR 42129, Sept. 19, 1983, as amended at 51 FR 19713, May 30, 1986; 56 FR 15149, Apr. 15, 1991; 59 FR 67028, Dec. 28, 1994; 69 FR 16150, Mar. 26, 2004; 73 FR 53995, Sept. 17, 2008; 79 FR 24199, Apr. 29, 2014]