FAR 8.604—Waivers.
Plain-English Summary
FAR 8.604 explains when and how a waiver may be granted to buy supplies from a source other than Federal Prison Industries (FPI) even though those supplies appear on the FPI Schedule. It covers the basic authority for waivers, the two ordinary waiver types—general or blanket waivers and formal waivers—and the requirement that agencies follow the waiver procedures published by UNICOR/FPI. In practice, this section matters because FPI schedule items are generally expected to be purchased from FPI unless a valid waiver applies, so contracting offices must know when an exception is available and how to request it correctly. The section is designed to balance the mandatory-use nature of FPI schedule items with operational flexibility when FPI cannot supply the needed items or when an office has a justified need to buy elsewhere. For contractors and contracting personnel, the key practical issue is that a purchase from another source may be permissible only after the proper waiver process is followed; otherwise, the acquisition may be noncompliant.
Key Rules
Waivers may permit alternate sources
FPI may grant a waiver allowing supplies listed on the FPI Schedule to be purchased from another source. The waiver is the exception to the normal expectation that FPI schedule items are obtained from FPI.
General waivers cover classes
General or blanket waivers are issued when classes of supplies are not available from FPI. These waivers apply broadly to the affected class of items rather than to a single purchase request.
Formal waivers are request-based
Formal waivers are issued in response to requests from offices that want to buy listed FPI schedule supplies from another source and the items are not already covered by a general waiver. This means a specific justification and request process is required.
Follow UNICOR procedures
Agencies must process waiver requests using the procedures posted by UNICOR at the cited website. The section does not create a separate agency process; it directs agencies to the FPI/UNICOR process.
Responsibilities
FPI / UNICOR
Determine whether a waiver will be granted and issue general or formal waivers as appropriate. Publish and maintain the waiver procedures agencies must follow.
Agencies
Process waiver requests in accordance with the UNICOR procedures and ensure purchases from other sources are supported by an applicable waiver.
Requesting offices / contracting activities
Identify when a needed supply is on the FPI Schedule, determine whether a general waiver applies, and submit a formal waiver request when no general waiver covers the item.
Contracting officers
Verify that any proposed purchase from a non-FPI source is covered by an applicable waiver before award or order placement and ensure the file reflects compliance with the waiver process.
Practical Implications
Do not assume an item on the FPI Schedule can be bought elsewhere just because it is available from another vendor; first check whether a waiver exists or is needed.
A common pitfall is confusing a general waiver with a formal waiver: if the item class is not covered by a blanket waiver, a specific request is still required.
Because the section points agencies to UNICOR procedures, the controlling steps may be found outside the FAR text itself; contracting staff should consult the current FPI guidance before proceeding.
Documentation matters: if a purchase is made from a non-FPI source, the contract file should show the waiver basis and the process used to obtain it.
Failure to follow the waiver process can create procurement compliance issues, especially where FPI schedule items are treated as mandatory or preferred sources.
Official Regulatory Text
FPI may grant a waiver for purchase of supplies in the FPI Schedule from another source. FPI waivers ordinarily are of the following types: (a) General or blanket waivers issued when classes of supplies are not available from FPI. (b) Formal waivers issued in response to requests from offices desiring to acquire, from other sources, supplies listed in the FPI Schedule and not covered by a general waiver. Agencies shall process waiver requests in accordance with the procedures at http://www.unicor.gov .