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Showing results for tags 'FAR Subpart 5.2'.
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Part of my office's mission is to support a well known hospital for the Air Force. Hundreds of emergency surgeries are done at this hospital in which some of the products purchased are in excess of $25k with very little advance notice. Due to these purchases being emergency surgeries, the requirement cannot be synopsized as some patients require the product within the day. I was looking in FAR 5.202(a) for exceptions to synopsizing but I couldn't really determine any that fit. The closest that seemed to fit was FAR 5.202(a)(2) (2) The proposed contract action is made under the conditions described in 6.302-2 (or, for purchases conducted using simplified acquisition procedures, if unusual and compelling urgency precludes competition to the maximum extent practicable) and the Government would be seriously injured if the agency complies with the time periods specified in 5.203; This sent me to FAR 6.302-2(a)(2) (2) When the agency’s need for the supplies or services is of such an unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals, full and open competition need not be provided for. I was told that "such an unusual or compelling urgency" does not apply to this. I guess that this is not on a scale of national level of emergency that it does not apply. The hospital's authority to purchase these products are under Air Force Instruction (AFI) 41-209, para 4.10.1 "When necessary to save life or prevent suffering, the MTF commander or other competent medical authority may direct purchase of emergency medical supplies without the prior involvement of base contracting." This seems to conflict with me. I don't really see any other way but this doesn't necessarily sound legal in terms of the award process.
