38 U.S.C. 501 and 40 U.S.C. 486(c).
(a) Procurement will be effected from the following sources in the descending order of priority as indicated herein:
(1) VA excess.
(2) Other government agencies excess.
(3) Federal Prison Industries.
(4) Procurement list of products available from the Committee for Purchase From People Who Are Blind or Severely Disabled.
(5) GSA stock and other Government agency inventory.
(6) VA decentralized contracts.
(7) Mandatory Federal Supply Schedule contracts.
(8) Optional use Federal Supply Schedule contracts.
(9) Commercial concerns, educational, or nonprofit institutions, as applicable.
(b)
(c)
The Executive Director and Chief Operating Officer, VA National Acquisition Center, advertises, negotiates, awards the contracts, and is responsible for contract administration for FSS (Federal Supply Schedule) Groups 65 and 89. The Executive Director and Chief Operating Officer issues the Federal Supply Schedules containing the necessary information for placing delivery orders with the contractors for the above FSS Groups.
(a) The contracting officer shall submit a request to the Executive Director and Chief Operating Officer, VA National Acquisition Center, to negotiate a separate contract when requirements will exceed the maximum order limitation cited in the contract.
(b) Lower prices for identical items. (1) When an ordering agency finds an item which is identical to one listed on FSS Group 65 or 89, but available at a lower delivered price from a lower priority source, the ordering office may purchase the item. A copy of the purchase order shall be sent to the Executive Director and Chief Operating Officer, VA National Acquisition Center, at the time the order is issued.
(2) An identical item is defined as: (i) nondrug item—same manufacturer and model number, or (ii) drug item—have the same National Drug Code (NDC) number.
When an ordering office determines that an item available from FSS Group 65 or 89 will not meet its specific needs, it should submit a request for waiver to the Executive Director and Chief Operating Officer, VA National Acquisition Center. The request shall contain