Most health care medicines, supplies, and equipment are included in this directive.

Under VAAR 808.002, Priorities of use of Government supply sources, the VA is required to first search awarded VA FSS contracts before looking at open market options.

If your product is not unique, falls under one of the broad groups below and you wish to sell to the VA, then it is recommended that you obtain a VA FSS contract:

Obtaining a VA FSS contract may take anywhere from 3 and up to 12 months, in the meantime, Government Buyers are able to complete an Open Market Waiver Request to purchase goods and services from not found on a mandatory use Schedule program, however, the waiver is only granted if both of the following criteria are met:

  • The items available through current VA Schedule contracts will not meet the specific needs of the ordering activity; and
  • A like or similar item available from another (non-contract) source will meet the specific clinical needs of the ordering activity.

The fact that a facility’s staff prefers a product not on the FSS schedule or even that the item not on schedule has a lower price does not constitute grounds for a waiver from the requirement to use VA Schedule contracts.

Speak with your current and potential VA clients to see if a VA FSS contract is encouraged or if a waiver is an option.

Contact Coley Government Contract Services for further information and assistance.

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