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VA Federal Supply Schedule Service

 

Contractors - State and Local Governments Use of FSS Under the Disaster Recovery Program

  1. What is the Disaster Recovery Program?
  2. Is supporting the Disaster Recovery Program mandatory?
  3. What is the ordering process for state and local government (SLG)?
  4. Can SLG be an ordering activity on the National Contract Service pharmaceutical prime vendor contract to acquire products?
  5. In regard to Pharmaceutical Non FAMP calculations, are sales to state and local governments considered federal sales?
  6. What Pharmaceutical price applies to SLGs?
  7. Can State Veterans Homes (SVH) with a Sharing Agreement order from Federal Supply Schedule contract holders?
  8. How do Pharmaceutical Temporary Price Reductions (TPR) currently in place affect SLGs?
  9. Do vendors need to report schedule sales to state and local government with quarterly Industrial Funding Fee (IFF) submission?

1. What is the Disaster Recovery Program?

Disaster Recovery Program allows State and local governments (SLG) the authority to order supplies and services from Federal Supply Schedule contracts during Presidential Declaration of a National Emergency. Get more information on the GSA Disaster Program.

2. Is supporting the Disaster Recovery Program mandatory?

The Government’s implementation of the program is mandated under Section 833 of Public Law 109-364 amended 40 U.S.C. § 502 to allow for state and local governments to use the FSS for goods or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) Federal Supply Schedule (FSS) contractors have the option to voluntarily participate in the program. FSS contractors have the option of accepting orders placed by state and local government buyers. Vendors may refuse to accept at the outset, or even decline an order, for any reason, within a five-day period after receipt of the order. However, credit card orders must be declined within 24 hours.

3. What is the ordering process for state and local government (SLG)?

Orders are considered direct order, SLG agency will contact vendors directly to order items in support of the national emergency: Order must state: “This order is placed under GSA/VA Schedule number “insert number here” under the authority of the GSA Disaster Purchasing program. The products and services purchased will be used in preparation or response to disasters or recovery from major disaster declared by the President, or recovery from terrorism or nuclear, biological, chemical, or radiological attack.”

4. Can SLG be an ordering activity on the National Contract Service pharmaceutical prime vendor contract to acquire products?

No.

5. In regard to Pharmaceutical Non FAMP calculations, are sales to state and local governments considered federal sales?

Sales to state and local governments are not federal sales, therefore, vendors must report sales to SLG in their Non FAMP calculations.

6. What Pharmaceutical price applies to SLGs?

Federal Supply Schedule (FSS) price is the price for SLG if the vendor accepts SLG orders. SLG are not entitled to Big 4 statutory price governed by Public Law 102-585. Vendors are permitted to offer better pricing than what is on schedule.

7. Can State Veterans Homes (SVH) with a Sharing Agreement order from Federal Supply Schedule contract holders?

Yes, State Veterans Homes can order from Federal Supply Schedule contracts. Facilities designated as State Veteran Homes Option 2 (SVH2) with agreements with Department of Veterans Affairs are entitled to statutory (BIG 4) price pursuant to Public Law 102-585 when VA places orders. State and Veteran Homes (SVH 1, 3 and 4) are not entitled statutory BIG 4 price, they will receive Federal Supply Schedule (FSS) price.

8. How do Pharmaceutical Temporary Price Reductions (TPR) currently in place affect SLGs?

SLGs are entitled to TPR price if the TPR has been designated for all users.

9. Do vendors need to report schedule sales to state and local government with quarterly Industrial Funding Fee (IFF) submission?

Yes, all sales against Federal Supply Schedule contracts should be reported with quarterly IFF sales reporting. The sales reporting portal has a field for SLG.

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