United States Code

USC most recently checked for updates: Dec 09, 2022

§ 8125.
Procurement of health-care items
(a)
Except as provided in subsections (b) and (c) of this section, the Secretary may not procure health-care items under local contracts.
(b)
(1)
A health-care item for use by the Department may be procured under a local contract if—
(A)
the procurement is within the limits prescribed in paragraph (3) of this subsection; and
(B)
(i)
the item is not otherwise available to the Department medical center concerned,
(ii)
procurement of the item by a local contract is necessary for the effective furnishing of health-care services or the conduct of a research or education program at a Department medical center, as determined by the director of the center in accordance with regulations which the Under Secretary for Health shall prescribe, or
(iii)
procurement under a local contract is demonstrably more cost-effective for the item.
(2)
In the case of the need for an emergency procurement of a health-care item, such item may be procured under a local contract, but no greater quantity of such item may be procured by a local contract than is reasonably necessary to meet the emergency need and the reasonably foreseeable need for the item at the medical center concerned until resupply can be achieved through procurement actions other than emergency procurement.
(3)
(A)
Except as provided in subparagraphs (C) and (D) of this paragraph, not more than 20 percent of the total of all health-care items procured by the Department in any fiscal year (measured as a percent of the total cost of all such health-care items procured by the Department in that fiscal year) may be procured under local contracts.
(B)
Local contracts for the procurement of health-care items shall, to the maximum extent feasible, be awarded to regular dealers or manufacturers engaged in the wholesale supply of such items.
(C)
The Secretary may increase for a fiscal year the percentage specified in subparagraph (A) of this section to a percentage not greater than 30 percent if the Secretary, based on the experience of the Department during the two fiscal years preceding such fiscal year, determines that the increase and the amount of the increase are necessary in the interest of the effective furnishing of health-care services by the Department. The authority to increase such percentage may not be delegated.
(D)
Items procured through an emergency procurement shall not be counted for the purpose of this paragraph.
(c)
A provision of law that is inconsistent with subsection (a) or (b) of this section shall not apply, to the extent of the inconsistency, to the procurement of a health-care item for use by the Department.
(d)
For the purposes of this section:
(1)
The term “health-care item” includes any item listed in, or (as determined by the Secretary) of the same nature as an item listed in, Federal Supply Classification (FSC) Group 65 or 66. Effective December 1, 1992, such term also includes any item listed in, or (as determined by the Secretary) of the same nature as an item listed in, Federal Supply Classification (FSC) Group 73. Such term does not include perishable items.
(2)
The term “local contract” means a contract entered into by a Department medical center for procurement of an item for use by that medical center.
(3)
The term “emergency procurement” means a procurement necessary to meet an emergency need, affecting the health or safety of a person being furnished health-care services by the Department, for an item.
(Added Pub. L. 100–322, title IV, § 403(a)(1), May 20, 1988, 102 Stat. 543, § 5025; amended Pub. L. 100–687, div. B, title XV, § 1507(b), (c), Nov. 18, 1988, 102 Stat. 4136, 4137; renumbered § 8125, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405; Pub. L. 102–405, title III, § 302(c)(1), Oct. 9, 1992, 106 Stat. 1984; Pub. L. 107–14, § 8(a)(15), June 5, 2001, 115 Stat. 35; Pub. L. 113–188, title XVII, § 1701, Nov. 26, 2014, 128 Stat. 2026.)
cite as: 38 USC 8125