Manual Exhibit 5-22.3D

INDIAN HEALTH SERVICE
SAMPLE MEMORANDUM
WAIVER/EXCEPTION TO POLICY

TO: Deputy Ethics Counselor
Through:  director, PIES___
 
FROM: Director
_____Area
 
SUBJECT: Exception to Policy - Gift Acceptance

 
BACKGROUND:

The _______ Medical Center (__MC) is constructing a new laboratory and expects construction will be completed in January 2003.  The new facility will offer the latest in blood borne pathogens treatment technology.  The facility will be equipped with a new Magnetic Resonance Imaging (MRI) unit that is expected to cost approximately $5 million.

_______ Inc., the only approved supplier of the MRI unit cannot deliver the MRI unit because the ABC Regulatory Authority (ABCRA) discovered a few latent defects in the MRI machine's design.  however, the ABCRA determined that the defects will not casue an overall catastrophic system failure.  in order for the laboratory to open as scheduled, _______ Inc., would like to donate an earlier version of the MRI to the laboratory, which they value at approximately $3.5 million, pending ABCRA approval of the new unit.  _______ Inc., is willing to give the gift on the condition that the Indian Health Service (IHS) will follow through with the purchase and installation of the new unit upon ABCRA clearance.  Attached is a letter of the proposed gift detailing the conditions.

JUSTIFICATION: 

This opportunity allows the __MC to expand patient services.  It is in the interest of IHS to accept the gift because it ensures the opening of the laboratory as scheduled.  By not accepting the gift, the ___MC must delay the laboratory's opening, backtrack on proposed services, and possibly abandon the project until we can locate an acceptable source, all possibilities that are unacceptable.  rental is not an option because of associated construction requirements for the unit to be fixed to the laboratory structure.  The new laboratory, as designed, can support both units without renovations to the present layout and is more cost efficient in the long haul.

The advantage of having a backup unit on site are numerous.

RECOMMENDATION:

i recommend you approve this exception to the policy because it coincides with the mission of the IHS and that you indicate your approval by initialing on the approved line that follows.

Approved:_________________________       Disapproved:____________________________       Date:_____________

 

AREA DIRECTOR

Attachment

NOTE: The PIES will review all recommendation letters for the Deputy ethics counselor and provide a recommendation to the Director, IHS, for consideration and approval/disapproval.

The requesting official will receive a written notification from the Director, IHS.