Non-Availability Determination for Disposable Medical Nitrile Gloves
In order to address COVID-19 shortages and to maximize pandemic response, VA FSS, on March 1, 2021, made a non-availability determination for disposable medical nitrile gloves which provides an exception to the requirements of the Trade Agreements and Buy American statute clauses. It permits current 65 II A contract holders, on a temporary basis, to offer disposable medical nitrile gloves that are not sourced from the U.S. or a Trade Agreements (TA) designated country using the product addition Request for Modification (RFM) process. Vendors who can provide such gloves but are not 65 II A contract holders are encouraged to partner with current contractors. Existing 65 II A contract holders (approximately 760) were individually e-mailed the specific product addition RFM for this task. Those vendors are viewable online in the MedSurg Catalog on the NAC’s Contract Catalog Search Tool (CCST). Products offered under this exception authority must either meet commercial standards for disposable medical nitrile gloves or meet Health and Human Services’ more stringent technical, packaging, labeling, delivery location, and shipping requirements.
After determining that the global supply of medical nitrile gloves remains constrained by the COVID-19 pandemic, VA FSS issued an extension to the non-availability determination which now provides exception authority until November 30, 2022. Please be reminded of the following:
- This determination permits disposable medical nitrile gloves sourced from all countries except those listed in FAR subpart 25.7 - Prohibited Sources.
- The temporary authority for ordering is through November 30, 2022; however, there is a process to extend as needed. Note that orders placed during the approved period may have resulting deliveries that occur outside of the specified time frame.
- Orders shall be for as short duration as feasible necessary to ensure an adequate supply is obtained by Federal, State, and Local Governments during the declared national emergency.
- Upon expiration of the authority, all TA non-compliant products will be removed from contract.
- Disposable medical nitrile glove product additions are viewable online in the MedSurg Catalog on the NAC’s CCST as well as on GSA Advantage.
- Items meeting Health and Human Services (HHS) technical specifications will be identified as “HHS Compliant” in the product description.