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philb

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  1. Don, Yes, the determination of non-availability that we need to send to the BAA council. I dont get why the VA makes this so difficult, very little medical equipment, pharmaceuticals, etc are made in America. Then the BAA trumps any trade agreements already in place no matter the dollar amount. At least, that what our leadership and training is telling us
  2. Don, I have been waiting for your reply as well as others, I have seen you and Vern here for my 12 years in contracting...the VA is super strict about obtaining BAA Waivers right now, we dont have an exemption like the DoD does. Basically if the product is not manufactured in the USA or the business is not an American owned business, we have to submit to the BAA council to obtain a waiver which also goes through the HCA first for all above MPT. BUT the VHA has no policy about FAR 8 or FAR 16 orders and if both the BAA and NMR applies to the orders.
  3. Good morning, I have a question that i cannot find answers to. Basically, do COs need to seek waivers for the NMR and BAA when we issue orders off of existing government contracts? All government agencies are bound to the same FAR regulations that incorporate the use of BAA and NMR. So, why would the follow on orders require a waiver for the BAA or NMR if the BAA and NMR should have been considered at the time of the base award? We recently have had NMR training by our legal, they couldn't back up their statement that COs shouldn't assume that the NMR or BAA was considered at time of award. Why not? Again they were bound to the same FAR as the CO issuing the order. I am not a fan of opinion not backed by policy or regulations, legal opinion or not, especially if it adds significant hoops to jump through that should have been jumped through previously.
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