B-223610.2, DEC 5, 1986, OFFICE OF THE GENERAL COUNSEL
Highlights
PROVIDES THAT AN AGENCY WHICH IS A MANDATORY USER UNDER A PARTICULAR SCHEDULE MAY REQUEST A WAIVER FROM THE OFFICE OF FEDERAL SUPPLY AND SERVICES. WHEN THE AGENCY DETERMINES THAT ITEMS AVAILABLE FROM THE SCHEDULE WILL NOT MEET ITS SPECIFIC NEEDS. SIMILAR ITEMS FROM ANOTHER SOURCE WILL. AGENCIES SHALL NOT PROCEED TO ACQUIRE NONSCHEDULE ITEMS UNTIL THE WAIVER REQUEST IS APPROVED. ALSO ILLUSTRATES CERTAIN SITUATIONS WHICH PROVIDE IMMEDIATE EXCEPTIONS TO AN AGENCY'S MANDATORY USE OF A SCHEDULE (THAT IS. A WAIVER REQUEST TO PURCHASE OFF THE SCHEDULE IS NOT NECESSARY). THE CONSIGNEE OF A PARTICULAR ORDER IS LOCATED OUTSIDE THE SCHEDULE'S DEFINED GEOGRAPHIC AREA OF COVERAGE. OR AN ITEM IDENTICAL TO ONE INCLUDED ON A MULTIPLE-AWARD SCHEDULE IS AVAILABLE FROM A NONSCHEDULE SOURCE AT A LOWER PRICE.
B-223610.2, DEC 5, 1986, OFFICE OF THE GENERAL COUNSEL
PRECIS-UNAVAILABLE
THE HONORABLE FRANK R. WOLF:
THIS RESPONDS TO YOUR LETTER OF NOVEMBER 3, 1986, TO MR. M. THOMAS HAGENSTAD, DIRECTOR, OFFICE OF CONGRESSIONAL RELATIONS, FORWARDING A CONSTITUENT INQUIRY FROM MR. WILLIAM H. ROOSE REGARDING THE MANDATORY USE OF FEDERAL SUPPLY SCHEDULES BY THE VARIOUS AGENCIES. MR. ROOSE ESSENTIALLY ASKS WHETHER CONTRACTING PERSONNEL MAY PURCHASE REQUIRED ITEMS FROM THE COMMERCIAL MARKET WHEN THE NEEDED ITEMS DIFFER IN TERMS OF EITHER SPECIFICATIONS OR PRICING FROM THE ITEMS INCLUDED ON MANDATORY SCHEDULES.
THE FEDERAL ACQUISITION REGULATION (FAR), 48 C.F.R. SEC. 8.404-3(A) (1985), PROVIDES THAT AN AGENCY WHICH IS A MANDATORY USER UNDER A PARTICULAR SCHEDULE MAY REQUEST A WAIVER FROM THE OFFICE OF FEDERAL SUPPLY AND SERVICES, GENERAL SERVICES ADMINISTRATION, WHEN THE AGENCY DETERMINES THAT ITEMS AVAILABLE FROM THE SCHEDULE WILL NOT MEET ITS SPECIFIC NEEDS, BUT SIMILAR ITEMS FROM ANOTHER SOURCE WILL. REQUESTS FOR WAIVER SHALL INCLUDE, AMONG OTHER THINGS, A COMPREHENSIVE TECHNICAL/PRICE COMPARISON BETWEEN THE SCHEDULE ITEMS AND REQUESTED NONSCHEDULE ITEMS, FAR, 48 C.F.R. SECS. 8.404-3(A)(1)-(4), AND AGENCIES SHALL NOT PROCEED TO ACQUIRE NONSCHEDULE ITEMS UNTIL THE WAIVER REQUEST IS APPROVED, EXCEPT AS OTHERWISE PROVIDED IN INTERAGENCY AGREEMENTS. FAR, 48 C.F.R. SEC. 8.404- 3(B).
THE FAR, 48 C.F.R. SEC. 8.404-1, ALSO ILLUSTRATES CERTAIN SITUATIONS WHICH PROVIDE IMMEDIATE EXCEPTIONS TO AN AGENCY'S MANDATORY USE OF A SCHEDULE (THAT IS, A WAIVER REQUEST TO PURCHASE OFF THE SCHEDULE IS NOT NECESSARY), SUCH AS WHEN: THE SCHEDULE CONTRACTOR CANNOT MEET THE AGENCY'S URGENT REQUIREMENTS; THE CONSIGNEE OF A PARTICULAR ORDER IS LOCATED OUTSIDE THE SCHEDULE'S DEFINED GEOGRAPHIC AREA OF COVERAGE; OR AN ITEM IDENTICAL TO ONE INCLUDED ON A MULTIPLE-AWARD SCHEDULE IS AVAILABLE FROM A NONSCHEDULE SOURCE AT A LOWER PRICE.
WE TRUST THIS INFORMATION WILL BE HELPFUL TO YOU IN REPLYING TO MR. ROOSE'S INQUIRY. COPIES OF THE FAR PROVISIONS CITED ARE ENCLOSED FOR YOUR CONVENIENCE. PLEASE FEEL FREE TO CONTACT THIS OFFICE IF ANY FURTHER QUESTIONS IN THIS MATTER SHOULD ARISE.