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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.
In accordance with VHA 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…
If your research indicates that the required product falls within FSC 65/66 but it is not covered by an existing SIN category you are not required to submit a waiver request and you may order the item using open market ordering procedures.
Like or Similar Item (n.) An item that performs the same basic function as the specified item.
Clinical Need (n.) A need that highlights a specific clinical exception (e.g. a specific patient with special needs, allergies, etc.)
Be sure that when the clinician is putting together his/her clinical justification they ask themselves:
Neither single facility staff preference (clinician preference) nor the appearance of lower costs are acceptable justifications for requesting a waiver.
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. All local procedures must include review & approval at a level no lower than the facility Chief of Staff and Chief Medical Officer prior to forwarding to VHA Procurement & Logistics Office.
The NAC HCA will consider all comments and recommendations when making an approval decision. A senior contract specialist will conduct a final review of the package and forward his/her comments to the HCA for final determination. Generally, the NAC review will be completed within 30 calendar days from receipt of the request from the P&LO. Actual review times will depend on the complexity, accuracy, and completeness of the request.
It is important that you provide an accurate & complete VA Form 0753A with your request package. Best practices include:
The facility Chief of Staff has the authority to authorize an emergency waiver request. Emergency waivers will be considered only in circumstances that require an emergency acquisition to ensure appropriate patient care — failure to submit a waiver request in a timely manner will not result in the issuance of an emergency waiver.
VA Direction 7408.1 does not outline specific process requirements for the review & issuance of an emergency waiver. Instead, ordering activities should rely on local & VISN procedures. You must provide a signed copy of the emergency waiver to the NAC upon issuance.
Email email@example.com for a copy of VA Form 0753A!
Check out the FSS FAQ library for more information about the waiver process!