8.604
Waivers
FAR 8.604 requires agencies to obtain a waiver from FPI—either general or formal—before purchasing listed supplies from sources other than FPI, following specific procedures outlined by UNICOR.
Overview
FAR 8.604 outlines the process by which Federal Prison Industries, Inc. (FPI) may grant waivers allowing agencies to purchase supplies from sources other than FPI, even when those supplies are listed on the FPI Schedule. There are two main types of waivers: general or blanket waivers (for classes of supplies not available from FPI) and formal waivers (issued upon request for specific supplies not covered by a general waiver). Agencies must follow the waiver request procedures as detailed on the UNICOR website (http://www.unicor.gov).
Key Rules
- General or Blanket Waivers
- Issued when entire classes of supplies are not available from FPI, allowing agencies to purchase these items elsewhere.
- Formal Waivers
- Granted in response to agency requests for specific supplies listed on the FPI Schedule but not covered by a general waiver. Agencies must follow the procedures specified by FPI (UNICOR).
Responsibilities
- Contracting Officers: Must determine if a waiver is required and ensure requests are processed per FPI/UNICOR procedures.
- Contractors: Must comply with any waiver conditions and provide documentation if required.
- Agencies: Responsible for submitting waiver requests and adhering to FPI’s published procedures.
Practical Implications
- This section ensures agencies can obtain needed supplies not available from FPI, but only through a formal waiver process.
- Failure to follow waiver procedures can delay acquisitions or result in noncompliance.
- Contractors should be aware that FPI waivers may be required before an agency can solicit or award contracts for certain supplies.