Waiver Process FAQs

1. What options do customers have if they do not want to purchase from FPI?
2. What alternatives do I have if my waiver is denied by the FPI Constituent Relations/Ombudsman?

1. What options do customers have if they do not want to purchase from FPI?

When purchasing a product which is listed in FPI’s Schedule of Products, DoD buying activities are subject to the provisions of 10 U.S.C. 2410n and its implementing regulations set forth in the Defense Federal Acquisition Regulation Supplement (DFARS). Similarly, passage of the Omnibus Appropriations Bill, P.L. 108-199, under Section 637, and the Consolidated Appropriations Act, 2005, altered the process by which civilian agencies purchase from FPI.

Essentially, the same requirements will apply to civilian agencies as are in effect for DoD agencies. Under the above statutory and regulatory provisions, market research must first be conducted to determine whether an FPI product is comparable to products available from the private sector which best meet the agency’s needs in terms of price, quality and time of delivery. Determining comparability is a unilateral decision made at the discretion of the agency's contracting official.

If the contracting official determines that the FPI product is not comparable, competitive procedures are to be used to acquire the product, a waiver is not required, and an offer must be solicited from FPI during the competitive process.

If the contracting official determines that the FPI product is comparable, FPI’s mandatory source applies. However, if the FPI product does not meet the buying activity’s critical standards, a request for waiver is justified, and FPI must be afforded the opportunity to demonstrate whether its product meets these standards.

Upon receipt, the waiver request is assigned an identification number and then routed to the appropriate FPI product business group for evaluation and decision. Written confirmation of FPI’s decision is provided to the customer for record purposes. If a waiver request is denied in whole, or in part, the customer may appeal the denial through FPI’s Constituent Relations/Ombudsman.

Complete waiver and appeal instructions, as well as on-line request forms to expedite processing, are available on our web site at www.unicor.gov

During Fiscal Year 2006, FPI received 2,300 waiver requests. The waiver approval rate was 97.9% when factoring in appeal reversals.

2. What Alternatives do I have if my waiver is denied by the FPI Constituent Relations/Ombudsman?

In the event the Constituent Relations/Ombudsman upholds a waiver denial issued by FPI, the customer may further appeal the decision through the independent Waiver Review Panel.

The Panel consists of members representing the Attorney General, the Administrator of the GSA, and the President. The Waiver Review Panel’s decision is final and binding upon all parties.

Complete instructions for further appealing the Constituent Relations/Ombudsman’s denial through the Waiver Review Panel are available on our web site at www.unicor.gov.