[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-26.100-2]



[Page 87-88]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-26_PROCUREMENT SOURCES AND PROGRAM--Table of Contents

 

                        Subpart 101-26.1_General

 

Sec. 101-26.100-2  Request for waivers.



    Waiver requests, when required by Sec. 101-26.102-1 (special order 

program established source items), Sec. 101-26.301 (GSA stock items) or 

Sec. 101-26.401-3(b) (Federal Supply Schedule items), shall be 

submitted to the Commissioner, Federal Supply Service (F), General 

Services Administration, Washington, DC 20406. Waiver requests will be 

approved if considered justified. Approval of a waiver request does not 

constitute authority for a sole source procurement. Depending on the 

basis for the waiver request, each request shall contain the following 

information:

    (a) Waiver requests based on determination that the GSA item is not 

of the requisite quality or will not serve the required functional end-

use purpose of the agency requesting the waiver shall include the 

following information with each request:

    (1) A complete description of the type of item needed to satisfy the 

requirement. Descriptive literature such as cuts, illustrations, 

drawings, and brochures which show the characteristics or construction 

of the type of item or an explanation of the operation should be 

furnished whenever possible.

    (2) The item description and the stock number (NSN if possible) of 

the GSA item being compared. Inadequacies of the GSA items in performing 

the required functions.

    (3) The quantity required. (If demand is recurrent, nonrecurrent, or 

unpredictable, so state.)

    (4) The name and telephone number of the person to be contacted when 

questions arise concerning the request.

    (5) Other pertinent data, when applicable.

    (b) Waiver request based on determination that the GSA item can be 

purchased locally at a lower price shall include the following 

information with each request. However, the price alone of an item 

without other substantive consideration will not be considered 

sufficient justification to approve a waiver request.

    (1) A complete description of the type of item needed to satisfy the 

requirement.

    (2) The quantity required. (If demand is recurrent, nonrecurrent, or 

unpredictable, so state.)

    (3) The destination of item to be delivered.

    (4) The name and address of source.

    (5) A price comparison with the GSA item, including the NSN of the 

GSA item. Cost comparisons shall include the agency administrative cost 

to effect the local purchase.

    (6) The name and telephone number of the person to be contacted when 

questions arise concerning the request.

    (7) Other pertinent data, when applicable.

    (c) When the item is a Standard or optional form available from GSA 

stock, the provisions of Sec. 101-26.302 apply.

    (d) Agencies shall not initiate action to procure similar items from 

non-GSA sources until a request for a waiver has been requested from and 

approved by GSA. The fact that action to procure a similar item has been 

initiated will not influence GSA action on a request for waiver.

    (e) Waivers are not required for items or services procured in 

accordance with the policy set forth in Sec. 101-26.100-1 relating to 

the acquisition of the lowest cost item from GSA sources, Sec. 101-

26.401-4(f) relating to the purchase of products that are available at 

prices lower than the prices of identical products provided by multiple 

award Federal Supply Schedule contracts, or when an urgent requirement 

exists in



[[Page 88]]



accordance with FAR 6.302-2 (48 CFR 6.302-2).



[56 FR 12455, Mar. 26, 1991]