*H-3 MANDATORY SOURCES UNDER THE ABILITYONE PROGRAM (JAVITS-WAGNER-O’DAY ACT) (a) This solicitation includes services set aside on the Procurement List by the Committee for Purchase From People Who Are Blind or Severely Disabled (“Committee”) under authority of the Javits-Wagner-O’Day Act (41 U.S.C. §§ 46-48c). The Act is intended to create employment opportunities for people with severe disabilities. Pursuant to the JWOD Act and implementing regulations, particularly 41 C.F.R. § 51-5.2(e), the Marine Corps is obligated to require the Prime Contractor, as successful offeror under this solicitation, to subcontract services on the Procurement List with the nonprofit agencies (“NPAs”) designated by the Committee (“Ability One subcontractor”). These services and the corresponding AbilityOne subcontractors are listed in Section C.3.4. (b) Terms of subcontracts between the Prime Contractor and the AbilityOne subcontractors for Procurement List services (hereafter referred to as “AbilityOne subcontracts”), including pricing, are subject to Committee approval and authority. Standard Committee pre-approved subcontract terms are available to each offeror to assist the offerors understanding of the requirements of the directed AbilityOne subcontract relationship, the Committee authority and the respective parties’ responsibilities. (c) NISH is the central nonprofit agency designated by the Committee to facilitate between offerors and AbilityOne subcontractors, and specifically those identified in the Section J, Attachment J-17. NISH will provide Committee approved subcontract terms and conditions to each offeror. Potential offerors interested in submitting proposals in response to this solicitation may contact Mike Kanady, Operations Manager, NISH, and/or the AbilityOne subcontractor listed in Section C.3.4. Mr. Kanady may be reached at 8401 Old Courthouse Rd., Vienna, VA 22182, mkanady@nish.org, for any information and assistance. (d) The services currently on the Procurement List shall not be selfperformed by the Prime Contractor or subcontracted to other entities. (e) The Prime Contractor will be required to execute approved subcontract and pricing agreements with each AbilityOne subcontractor prior to the commencement of work under the prime contract. Changes to pricing in AbilityOne contracts may be subject to Committee authority and approval and pass through to the government in the prime contract. (f) Any additional Marine Corps mess halls placed on the Procurement List will not be performed by a designated AbilityOne subcontractor agency
during the term of the prime contract without agreement of the Marine Corps and the Committee. (g) Subcontract performance issues, including but not limited to scope of work, pricing, and performance of subcontract, shall be resolved between the Prime Contractor and AbilityOne subcontractor. If a given issue cannot be expeditiously resolved, the issue shall be referred to the NISH point of contact (POC) for non-binding mediation, whereby the parties themselves determine the conditions of any settlements reached - rather than accepting something imposed by a third party. If the results of mediation are unsuccessful, the parties shall use an arbitration forum. This forum shall consist of a Dispute Resolution Board (DRB), whose membership shall include a member of the Committee for Purchase and the Marine Corps Contracting Officer on the prime contract. In this process, the DRB shall be responsible for establishing agenda, goals and guidelines for engagement. The parties to the dispute agree to be bound by the DRB decision. At any point in the process, either the NISH POC or the Committee may choose to remove and replace the AbilityOne subcontractor. Should either party decide to utilize the replacement process, the Committee will obtain concurrence from the Government as to the replacement sub-contractor. Notwithstanding this process, all contractual remedies specified within the prime contract terms and conditions and/or signed subcontracts remain in full force and effect. (End of Clause) *NOTE: See Attachment 22, entitled “East Coast AbilityOne Mandatory Labor Categories�.