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This requirement only applies to the Department of Veterans Affairs (VA) ordering activities placing a delivery order or establishing a BPA under the FSC 65/66 mandatory use Schedules.
As of October 1, 2013, custom packs will no longer be available for purchase under the 65 II A Medical Equipment & Supplies Schedule program.
While we will no longer offer custom packs under the Schedule program, we will continue to include commercially available standard packs. If your facility requires custom packs, you can acquire them through normal procurement mechanisms without requesting a waiver from FSS. You must adhere to your office’s ordering guidelines as well as the Priorities of use of Government supply sources identified in VAAR 808.002 — you may purchase custom packs from the open market only after following this procurement hierarchy.  When purchasing custom packs on the open market you are not required to submit an open market waiver request.
You may want to consider working with the Strategic Acquisition Center as your requirement may fit under its mandate for strategic sourcing.
All BPAs for custom packs placed against a Schedule contract will expire on September 30, 2013, and cannot be renewed. Contractors will be required to fulfill all task/delivery orders placed against the BPA prior to the expiration date. New BPAs for custom packs established after the suspense date must comply with all policies and regulations for open market purchases.
In accordance with VA Directive 7408.1 Requesting Waivers from the Requirement to use VA FSS Schedules, VA ordering activities are required to submit a request for waiver in order to waive the requirement to purchase goods and services from mandatory use Schedule programs (FSC 65 and Cost-Per-Test in FSC 66) if it has been determined that…
Like or Similar Items: An item that performs the same basic function as the specified item.
Clinical Need: A need that highlights a specific clinical exception (e.g. a specific patient with special needs, allergies, etc.)
Single facility staff preference and/or the appearance of lower cost to the facility are not sufficient justification for requesting a waiver from the requirement to use VA Schedule contracts.
Using VA Form 0753A, the requester must follow locally established procedures for processing waiver requests. At a minimum local procedures must:
Local procedures may be established by individual medical facilities or by the VISN on behalf of the medical facilities. Network directors are encouraged to establish local field review and approval procedures deemed appropriate for sound oversight.
The National Acquisition Center will review and inform the requestor of the approval decision. All requests must be submitted via email at email@example.com.
Waiver requests will be approved when compelling clinical circumstances can be demonstrated and when there is appropriate clinical rationale and technical need.
Emergency waiver requests will be considered to ensure appropriate patient care; however, except in rare circumstances, failure to submit a request in a timely manner will not result in the issuance of an emergency waiver.
Waivers granted on an emergency basis will be limited to the initial purchase and only in the quantity needed to meet the immediate needs of the patient. These requests will be reviewed every six (6) months to determine whether the waiver is still necessary or if comparable items are available via a Schedule contract or BPA.
The completed VA Form 0753A shall include:
Email firstname.lastname@example.org for a copy of VA Form 0753A!