Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Proposed Rules 6281 

Paragraph 6005 Class E Airspace. 

* * * * * 

AAL AK E5 Hughes, AK [New] 

Hughes Airport, AK 

(66°02′21′′ N, 154°15′53′′ W) 

That airspace within a 3.8-mile radius of 

Hughes Airport, AK, and that airspace 2 

miles each side of the 194° bearing extending 

from the 3.8-mile radius south 6.4 miles from 

the airport, and that airspace extending from 

the 3.8-mile radius beginning 1.8 miles west 

of the 14° bearing to Lat. 66°08′55′′ N, long. 

154°16′32′′ W to Lat. 66°12′15′′ N, long. 

154°10′06′′ W to Lat. 66°10′03′′ N, long. 

154°03′03′′ W to Lat. 66°07′23′′ N, long. 

154°08′18′′ W to the point on the 3.8-mile 

radius 1.8 miles east of the 14° bearing. 

Issued in Seattle, Washington, on January 

11, 2021. 

Byron Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2021–00835 Filed 1–19–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

48 CFR Parts 852 and 873 

RIN 2900–AQ78 

VA Acquisition Regulation: Simplified 

Procedures for Health-Care Resources 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is proposing to amend and 

update its VA Acquisition Regulation 

(VAAR) in phased increments to revise 

or remove any policy superseded by 

changes in the Federal Acquisition 

Regulation (FAR), to remove any 

procedural guidance internal to VA into 

the VA Acquisition Manual (VAAM), 

and to incorporate any new agency 

specific regulations or policies. These 

changes seek to streamline and align the 

VAAR with the FAR and remove 

outdated and duplicative requirements 

and reduce burden on contractors. The 

VAAM incorporates portions of the 

removed VAAR as well as other internal 

agency acquisition policy. VA will 

rewrite certain parts of the VAAR and 

VAAM, and as VAAR parts are 

rewritten, will publish them in the 

Federal Register. VA will combine 

related topics, as appropriate. This 

rulemaking revises VAAR coverage 

concerning Simplified Procedures for 

Health-Care Resources as well as an 

affected part concerning Solicitation 

Provisions and Contract Clauses. 

DATES: Comments must be received on 

or before March 22, 2021 to be 

considered in the formulation of the 

final rule. 

ADDRESSES: Comments may be 

submitted through www.Regulations.gov 

or mailed to Mr. Rafael Taylor, 

(003A2A), Department of Veterans 

Affairs, Procurement Policy and 

Warrant Management Services, 425 I 

Street NW, Room 1064, Washington, DC 

20001. Comments should indicate that 

they are submitted in response to ‘‘RIN 

2900–AQ78—VA Acquisition 

Regulation: Simplified Procedures for 

Health-Care Resources.’’ Comments 

received will be available at 

regulations.gov for public viewing, 

inspection or copies. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rafael Taylor, Senior Procurement 

Analyst, Procurement Policy and 

Warrant Management Services, 003A2A, 

425 I Street NW, Washington, DC 20001, 

(202) 382–2787. (This is not a toll-free 

number.) 

SUPPLEMENTARY INFORMATION: 

Background 

This rulemaking is issued under the 

authority of the Office of Federal 

Procurement Policy (OFPP) Act which 

provides the authority for an agency 

head to issue agency acquisition 

regulations that implement or 

supplement the FAR. 

VA is proposing to revise the VAAR 

to add new policy or regulatory 

requirements and to remove any 

redundant guidance and guidance that 

is applicable only to VA’s internal 

operating processes or procedures. 

Codified acquisition regulations may be 

amended and revised only through 

rulemaking. All amendments, revisions 

and removals have been reviewed and 

concurred with by VA’s Integrated 

Product Team of agency stakeholders. 

The VAAR uses the regulatory 

structure and arrangement of the FAR 

and headings and subject areas are 

consistent with FAR content. The VAAR 

is divided into subchapters, parts (each 

of which covers a separate aspect of 

acquisition), subparts, and sections. 

The Office of Federal Procurement 

Policy Act, as codified in 41 U.S.C. 

1707, provides the authority for the 

Federal Acquisition Regulation and for 

the issuance of agency acquisition 

regulations consistent with the FAR. 

When Federal agencies acquire 

supplies and services using 

appropriated funds, the purchase is 

governed by the FAR, set forth at Title 

48 Code of Federal Regulations (CFR), 

chapter 1, parts 1 through 53, and the 

agency regulations that implement and 

supplement the FAR. The VAAR is set 

forth at Title 48 CFR, chapter 8, parts 

801 to 873. 

Discussion and Analysis 

VA proposes to make the following 

changes to the VAAR in this phase of its 

revision and streamlining initiative. For 

procedural guidance cited below that is 

proposed to be deleted from the VAAR, 

each section cited for removal has been 

considered for inclusion in VA’s 

internal agency operating procedures in 

accordance with FAR 1.301(a)(2). 

Similarly, delegations of authority that 

are removed from the VAAR will be 

included in the VAAM as internal 

departmental guidance. The VAAM is 

being created in parallel with these 

revisions to the VAAR and is not subject 

to the rulemaking process as they are 

internal VA procedures and guidance. 

The VAAM will not be finalized until 

corresponding VAAR parts are finalized, 

and therefore the VAAM is not yet 

available online. 

VAAR Part 852—Solicitation 

Provisions and Contract Clauses 

We are proposing to revise the 

following provisions to make minor 

grammatical corrections and to 

capitalize all principal words in their 

titles: 852.273–70, Late Offers; 852.273– 

71, Alternative Negotiation Techniques; 

852.273–72, Alternative Evaluation; 

852.273–73, Evaluation—Health-Care 

Resources, and 852.273–74, Award 

Without Exchanges. The provisions 

852.273–71, Alternative Negotiation 

Techniques, and 852.273–73, 

Evaluation—Health-Care Resources, are 

also amended to revise the citation in 

the first sentence to read ‘‘873.110(d).’’ 

VAAR Part 873—Simplified Procedures 

for Health-Care Resources 

We propose to modify the title of part 

873 by deleting the word ‘‘Acquisition’’ 

to reflect more accurately the meaning 

of the statute (38 U.S.C. 8153). The title 

would then be ‘‘Simplified Procedures 

for Health-Care Resources.’’ This change 

avoids any misunderstanding that these 

acquisitions would be subject to FAR 

Part 13, Simplified Acquisition 

Procedures, and the corresponding part 

813 in the VAAR. 

We also propose to revise the part 873 

authorities to add 38 U.S.C. 8127–8128, 

VA’s unique authority as implemented 

under the Veterans First Contracting 

Program. 

We propose to replace the 38 U.S.C. 

501 citation with 41 U.S.C. 1702 which 

addresses the acquisition planning and 

management responsibilities of Chief 

Acquisition Officers and Senior 

Procurement Executives, to include 

implementation of unique procurement 


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6282 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Proposed Rules 

policies, regulations, and standards of 

the executive agency. 

We propose to modify the citation 38 

U.S.C. 8153 to 38 U.S.C. 8151–8153 to 

correctly cite the complete authority of 

the statute. 

We propose to add the citation of 41 

U.S.C. 1121(c)(3) which speaks to the 

authority of an executive agency under 

another law to prescribe policies, 

regulations, procedures, and forms for 

procurement that are subject to the 

authority conferred in the cited section, 

as well as other sections of Title 41 as 

shown therein. 

We also propose to add 41 U.S.C 

1303, an updated positive law 

codification to reflect additional 

authority of the VA as an executive 

agency to issue regulations that are 

essential to implement Governmentwide 

policies and procedures in the agency, 

as well as to issue additional policies 

and procedures required to satisfy the 

specific needs of the VA. 

In 873.101, Policy, we propose to 

revise the single paragraph to explain 

more clearly the types of health-care 

resources that may be procured from 

VA-affiliated institutions under the 

authority of 38 U.S.C. 7302, and to 

explain when and how such resources 

that are commercial services may be 

procured from sources that are not 

affiliated with the Department under 38 

U.S.C. 7302. 

In 873.102, Definitions, we propose to 

revise the definition of ‘‘Commercial 

service’’ to remove the phrase ‘‘except 

construction exceeding $2,000 and 

architect-engineer services’’ since it is 

not a limitation contained in 38 U.S.C. 

8153. 

We propose to revise 873.103, Priority 

sources, by removing the unnecessary 

phrase ‘‘Without regard to FAR 

8.002(a)(2)’’ in the first sentence. We 

also propose to add a statement 

regarding the applicability of 38 U.S.C. 

8127(d) to this part by inserting a 

reference to revised policy regarding the 

priority of AbilityOne covered services 

as a mandatory source set forth at 

808.002 (a)(2) (which implements Pub. 

L. 116–155, the Department of Veterans 

Affairs Contracting Preference 

Consistency Act of 2020). AbilityOne 

covered services remain a priority 

source under VAAR part 873 as set forth 

in 808.002(a)(2). We also propose to 

insert a reference to 873.107, 

Socioeconomic programs. 

In VAAR section 873.104, 

Competition requirements, we propose 

to clarify that health-care resources may 

be acquired on a sole source basis from 

an institution affiliated with the 

Department under 38 U.S.C. 7302 if the 

resource is a commercial service, the 

use of medical equipment or space, or 

research. Such sole source contracts are 

not required to be publicized as 

required by FAR 5.101, nor do they 

require written justification under 41 

U.S.C. 3304(e) or under FAR part 6. It 

would also clarify that when acquiring 

health-care resources from institutions 

or organizations not affiliated with the 

VA, then the Department shall permit 

all responsible sources, as appropriate, 

to submit a bid, proposal, or quotation 

for the resources to be procured and to 

provide for the consideration by the 

Department of bids, proposals, or 

quotations so submitted. Such actions 

shall also be publicized as otherwise 

required by VAAR section 873.108. 

We propose to revise VAAR section 

873.105, Acquisition planning, to delete 

the first paragraph as unnecessary; to 

redesignate the remaining paragraphs as 

(a), (b), and (c); to limit the need to 

assemble an acquisition team to those 

actions with non-affiliated sources 

described in VAAR section 873.104(b); 

and to comply with the requirements of 

the Veterans First preferences in VAAR 

subpart 819.70 and section 873.103 

when performing market research. 

We propose to revise the title of 

VAAR section 873.106 to read 

‘‘Exchanges with industry before receipt 

of proposals.’’ We also propose to 

remove the reference to FAR part 10 as 

unnecessary, to add a sentence requiring 

that any exchange of information must 

be consistent with procurement 

integrity requirements in FAR 3.104, to 

replace the name ‘‘Central Contractor 

Registration’’ with that of the current 

system, ‘‘System for Award 

Management,’’ and to require research 

of the VA’s Vendor Information Pages 

(VIP) database to help identify potential 

VIP-listed and verified Veteran-owned 

small business concerns. 

In section 873.107, Socioeconomic 

programs, we propose to revise and 

clarify the policy set forth in this section 

to require implementation of the VA 

Rule of Two in accordance with VAAR 

subpart 819.70, and make necessary 

clarifications regarding priority sources 

and application of other small business 

programs. These clarifications and 

revisions are necessary to fully 

implement the requirements under 

various U.S. Federal court cases and 

new legislation, including the U.S. 

Supreme Court decision of June 16, 

2016, in Kingdomware Technologies, 

Inc. v. United States, and the recently 

enacted Public Law 116–155, the 

Department of Veterans Affairs 

Contracting Preference Consistency Act 

of 2020, signed on August 8, 2020. 

We propose to modify section 

873.108, Publicizing contract actions, to 

require publication of only competitive 

acquisitions, to delete a reference to part 

813 to avoid confusion, to remove 

repetitive language from section 

873.104(a), and to make other minor 

edits. 

In VAAR section 873.109, General 

requirements for acquisition of healthcare resources, we propose to revise the 

section to conform to the requirement of 

the deviation ‘‘Class deviation from VA 

Acquisition Regulation (VAAR) 

815.303—Responsibilities,’’ of 

December 15, 2016, designating the 

contracting officer to be the Source 

Selection Authority (SSA) unless the 

HCA has appointed another person to 

perform that role; to refer to both 

Performance Work Statements and 

Statements of Work when discussing 

‘‘specifications;’’ and to correct a cross 

reference to read ‘‘873.111(d)(1)(ii).’’ 

We propose to revise section 873.110, 

Solicitation provisions, to capitalize all 

clauses and provisions referenced in the 

section; to revise paragraph (a) to clarify 

the basis for using provision 852.271– 

70, Late Offers, in solicitations; to 

correct the reference in (b) to 

‘‘Alternative Negotiation Techniques’’ to 

cite ‘‘873.111(d)(1),’’ and the reference 

in (c) to ‘‘873.111(d)(1)(ii);’’ to revise 

paragraphs (d) and (e) to incorporate the 

appropriate capitalization of the 

provisions; and to remove from (f) the 

prescription of clause 852.207–70, 

Report of Employment Under 

Commercial Activities, as that clause is 

obsolete since the A–76 program is not 

currently effective. 

In section 873.111, Acquisition 

strategies for health-care resources, we 

propose to make several minor edits to 

the text; to remove the opening phrase 

‘‘Without regard to FAR 13.003 or 

13.500(a),’’ as unnecessary; to insert the 

acronym ‘‘RFQ’’ and the word 

‘‘subparts’’ paragraph (a)(1); to change 

the spelling of the word ‘‘Part’’ in (a)(2) 

to lower case; to delete existing 

paragraph (c) as unnecessary; and to 

redesignate the remaining paragraphs as 

(c) and (d). 

We propose to revise section 873.113, 

Exchanges with offerors, to delete in 

paragraph (c) the repetitive use of the 

word ‘‘perceived;’’ and to correct the 

citation in paragraph (e) to 873.111(d)(1) 

regarding alternative negotiation 

techniques. 

We propose to make two minor edits 

to the last sentence in paragraph (a) in 

873.115, Proposal revisions, to insert the 

word ‘‘all’’ after the word ‘‘safeguard’’ to 

stress the need for protecting proposals 

and revisions, and to delete as 

unnecessary the word ‘‘thereto.’’ 

In section 873.116, Source selection 

decision, we propose to replace the term 


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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Proposed Rules 6283 

‘‘contracting officer’’ in paragraphs (a) 

and (b) with ‘‘Source Selection 

Authority’’ or ‘‘SSA’’ to be consistent 

with the deviation ‘‘Class deviation 

from VA Acquisition Regulation 

(VAAR) 815.303—Responsibilities,’’ of 

December 15, 2016, and to remove from 

paragraph (c) the reference to section 

815.308 since that section does not 

exist. 

In section 873.118, Debriefings, we 

propose to revise the first sentence to 

read ‘‘Offerors whose proposals are not 

accepted under a competitive request 

for proposals (RFP) may submit a 

written request for a debriefing to the 

contracting officer.’’ The current 

language uses non-standard acquisition 

terms. 

Executive Orders 12866, 13563 and 

13771 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and other advantages; 

distributive impacts; and equity). E.O. 

13563 (Improving Regulation and 

Regulatory Review) emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. The Office of Information 

and Regulatory Affairs has determined 

that this rule is not a significant 

regulatory action under Executive Order 

12866. 

VA’s impact analysis can be found as 

a supporting document at http://

www.regulations.gov, usually within 48 

hours after the rulemaking document is 

published. Additionally, a copy of the 

rulemaking and its impact analysis are 

available on VA’s website at http://

www.va.gov/orpm/, by following the 

link for ‘‘VA Regulations Published 

From FY 2004 Through Fiscal Year to 

Date.’’ 

This proposed rule is not expected to 

be an E.O. 13771 regulatory action 

because this proposed rule is not 

significant under E.O. 12866. 

Paperwork Reduction Act 

This proposed rule contains no 

provisions constituting a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act (5 U.S.C. 601–612). 

This rulemaking does not change 

VA’s policy regarding small businesses, 

does not have an economic impact to 

individual businesses, and there are no 

increased or decreased costs to small 

business entities. On this basis, the 

proposed rule would not have an 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. Therefore, 

pursuant to 5 U.S.C. 605(b), the initial 

and final regulatory flexibility analysis 

requirements of 5 U.S.C. 603 and 604 do 

not apply. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

Governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule will have 

no such effect on State, local, and tribal 

Governments or on the private sector. 

List of Subjects 

48 CFR Part 852 

Government procurement, Reporting 

and recordkeeping requirements. 

48 CFR Part 873 

Government procurement. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Brooks D. Tucker, Assistant Secretary 

for Congressional and Legislative 

Affairs, Performing the Delegable Duties 

of the Chief of Staff, Department of 

Veterans Affairs, approved this 

document on July 17, 2020, for 

publication. 

Consuela Benjamin, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of the Secretary, Department of Veterans 

Affairs. 

For the reasons set out in the 

preamble, VA proposes to amend 48 

CFR parts 852 and 873 as follows: 

PART 852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authorities for part 852 

continue to read as follows: 

Authority: 38 U.S.C. 8127–8128, and 8151– 

8153; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 

41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR 

1.301–1.304. 

Subpart 852.2—Text of Provisions and 

Clauses 

■ 2. Section 852.273–70 is revised to 

read as follows: 

852.273–70 Late Offers. 

As prescribed in 873.110(a), insert the 

following provision: 

LATE OFFERS (DATE) 

This provision replaces paragraph (f) of 

FAR provision 52.212–1, Instructions to 

Offerors—Commercial Items. Offers or 

modifications of offers received after the time 

set forth in a request for quotations or request 

for proposals may be considered, at the 

discretion of the Contracting Officer, if 

determined to be in the best interest of the 

Government. Late bids submitted in response 

to an invitation for bid (IFB) will not be 

considered. 

(End of provision) 

■ 3. Section 852.273–71 is revised to 

read as follows: 

852.273–71 Alternative Negotiation 

Techniques. 

As prescribed in 873.110(b), insert the 

following provision: 

ALTERNATIVE NEGOTIATION 

TECHNIQUES (DATE) 

The Contracting Officer may elect to use 

the alternative negotiation techniques 

described in 873.111(d) in conducting this 

procurement. If used, Offerors may respond 

by maintaining offers as originally submitted, 

revising offers, or submitting an alternative 

offer. The Government may consider initial 

offers unless revised or withdrawn, revised 

offers, and alternative offers in making the 

award. Revising an offer does not guarantee 

an offeror an award. 

(End of provision) 

■ 4. Section 852.273–72 is revised to 

read as follows: 

852.273–72 Alternative Evaluation. 

As prescribed in 873.110(c), insert the 

following provision: 

ALTERNATIVE EVALUATION (DATE) 

(a) The Government will award a contract 

resulting from this solicitation to the 

responsible Offeror submitting the lowest 

priced offer that conforms to the solicitation. 

During the specified period for receipt of 

offers, the amount of the lowest offer will be 

posted and may be viewed by [Contracting 

Officer insert description of how the 

information may be viewed electronically or 


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6284 Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Proposed Rules 

otherwise]. Offerors may revise offers 

anytime during the specified period. At the 

end of the specified time period for receipt 

of offers, the responsible Offeror submitting 

the lowest priced offer will be in line for 

award. 

(b) Except when it is determined not to be 

in the Government’s best interest, the 

Government will evaluate offers for award 

purposes by adding the total price for all 

options to the total price for the basic 

requirement. The Government may 

determine that an offer is unacceptable if the 

option prices are materially unbalanced. 

Evaluation of options shall not obligate the 

Government to exercise the option(s). 

(End of provision) 

■ 5. Section 852.273–73 is revised to 

read as follows: 

852.273–73 Evaluation—Health-Care 

Resources. 

As prescribed in 873.110(d), in lieu of 

FAR provision 52.212–2, the 

Contracting Officer may insert a 

provision substantially as follows: 

EVALUATION—HEALTH–CARE 

RESOURCES (DATE) 

(a) The Government will award a contract 

resulting from this solicitation to the 

responsible Offeror whose proposal, 

conforming to the solicitation, will be most 

advantageous to the Government, price and 

other factors considered. The following 

information or factors shall be used to 

evaluate offers: [Contracting Officer insert 

evaluation information or factors, such as 

technical capability to meet the 

Government’s requirements, past 

performance, or such other evaluation 

information or factors as the Contracting 

Officer deems necessary to evaluate offers. 

Price must be evaluated in every acquisition. 

The Contracting Officer may include the 

evaluation information or factors in their 

relative order of importance, such as in 

descending order of importance. The relative 

importance of any evaluation information 

must be stated in the solicitation.] 

(b) Except when it is determined not to be 

in the Government’s best interest, the 

Government will evaluate offers for award 

purposes by adding the total price for all 

options to the total price for the basic 

requirement. The Government may 

determine that an offer is unacceptable if the 

option prices are materially unbalanced. 

Evaluation of options shall not obligate the 

Government to exercise the option(s). The 

Government may reject any or all proposals 

if such action is in the Government’s interest. 

Additionally, the Government may waive 

informalities and minor irregularities in 

proposals received. 

(c) If this solicitation is a request for 

proposals (RFP), a written notice of award or 

acceptance of a proposal, mailed or otherwise 

furnished to the successful Offeror within the 

time for acceptance specified in the 

solicitation, shall result in a binding contract 

without further action by either party. Before 

the proposal’s specified expiration time, the 

Government may accept a proposal (or part 

of a proposal), whether or not there are 

negotiations after its receipt, unless a written 

notice of withdrawal is received by the 

Contracting Officer before award. 

(End of provision) 

■ 6. Section 852.273–74 is revised to 

read as follows: 

852.273–74 Award Without Exchanges. 

As prescribed in 873.110(e), insert the 

following provision: 

AWARD WITHOUT EXCHANGES (DATE) 

The Government intends to evaluate 

proposals and award a contract without 

exchanges with Offerors. Therefore, each 

initial proposal should contain the Offeror’s 

best terms from a cost or price and technical 

standpoint. However, the Government 

reserves the right to conduct exchanges if 

later determined by the Contracting Officer to 

be necessary. 

■ 7. Part 873 is revised to read as 

follows: 

PART 873—SIMPLIFIED PROCEDURES 

FOR HEALTH-CARE RESOURCES 

Sec. 

873.101 Policy. 

873.102 Definitions. 

873.103 Priority sources. 

873.104 Competition requirements. 

873.105 Acquisition planning. 

873.106 Exchanges with industry before 

receipt of proposals. 

873.107 Socioeconomic programs. 

873.108 Publicizing contract actions. 

873.109 General requirements for 

acquisition of health-care resources. 

873.110 Solicitation provisions. 

873.111 Acquisition strategies for healthcare resources. 

873.112 Evaluation information. 

873.113 Exchanges with offerors. 

873.114 Best value pool. 

873.115 Proposal revisions. 

873.116 Source selection decision. 

873.117 Award to successful offeror. 

873.118 Debriefings. 

Authority: 38 U.S.C. 8127–8128; 38 U.S.C. 

8151–8153; 40 U.S.C. 121(c); 41 U.S.C. 

1121(c)(3); 41 U.S.C. 1303; 41 U.S.C. 1702; 

and 48 CFR 1.301–1.304. 

873.101 Policy. 

(a) General. In accordance with 38 

U.S.C. 8153, to secure health-care 

resources which otherwise might not be 

feasibly available, or to effectively 

utilize certain other health-care 

resources, the Department of Veterans 

Affairs (VA) may make arrangements by 

contract for the mutual use, or exchange 

of use, of health-care resources between 

VA health-care facilities and any healthcare provider, or other entity or 

individual. This part prescribes 

simplified procedures for contracts with 

entities not affiliated with VA under 38 

U.S.C. 7302 to secure health-care 

resources that are a commercial service, 

or the use of medical equipment or 

space. VA may enter into such a 

contract if such resources are not, or 

would not be, used to their maximum 

effective capacity. (38 U.S.C. 8153) 

(b) Precedence. These procedures 

shall be used in conjunction with the 

Federal Acquisition Regulation (FAR) 

and other parts of the VAAR. However, 

when a policy or procedure in the FAR 

or another part of the VAAR is 

inconsistent with the procedures 

contained in this part, this part shall 

take precedence. (38 U.S.C. 8153) 

873.102 Definitions. 

Commercial service means a service 

that is offered and sold competitively in 

the commercial marketplace, is 

performed under standard commercial 

terms and conditions, and is procured 

using firm-fixed price contracts. (38 

U.S.C. 8153) 

Health-care providers include healthcare plans and insurers and any 

organizations, institutions, or other 

entities or individuals who furnish 

health-care resources. (38 U.S.C. 8153) 

Health-care resource includes 

hospital care and medical services (as 

those terms are defined in 38 U.S.C. 

1701 and services under sections 1782 

and 1783 of this title) any other healthcare service, and any health-care 

support or administrative resource. (38 

U.S.C. 8152) 

873.103 Priority sources. 

Except for the acquisition of covered 

services available from the Committee 

for Purchase From People Who Are 

Blind or Severely Disabled and the 

AbilityOne Program (see FAR subpart 

8.7), there are no priority sources for the 

acquisition of health-care resources 

consisting of commercial services or the 

use of medical equipment or space in 

accordance with 808.002(a)(2) and 

873.107. (38 U.S.C. 8153) 

873.104 Competition requirements. 

(a) Affiliated institutions. (1) A healthcare resource may be acquired on a sole 

source basis if a commercial service, the 

use of medical equipment or space, or 

research, and is to be acquired from an 

institution affiliated with the VA in 

accordance with 38 U.S.C. 7302, 

including medical practice groups and 

other entities associated with affiliated 

institutions, blood banks, organ banks, 

or research centers. (38 U.S.C. 

8153(a)(3)(A)) 

(2) Acquisitions of health-care 

resources identified in paragraph (a)(1) 

of this section are not required to be 

publicized as otherwise required by 

873.108 or FAR 5.101. 

(b) Non-affiliated entities. (1) If the 

health-care resource required is a 


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commercial service or the use of 

medical equipment or space, and is to 

be acquired from an entity not described 

in paragraph (a)(1) of this section, 

contracting officers shall permit all 

responsible sources, as appropriate, to 

submit a bid, proposal, or quotation for 

the resource to be procured, and provide 

for the consideration by VA of bids, 

proposals, or quotations so submitted. 

(38 U.S.C. 8153(a)(3)(B)) 

(2) Acquisition of health-care 

resources identified in paragraph (b)(1) 

of this section shall be publicized as 

otherwise required by 873.108. 

Moreover, for any such acquisition 

described in paragraph (b)(1) of this 

section to be conducted on a sole source 

basis, the contracting officer must 

prepare a justification that includes the 

information and is approved at the 

levels prescribed in FAR part 6.303. (38 

U.S.C. 8153(a)(3)(D)) 

873.105 Acquisition planning. 

(a) For the acquisition of health-care 

resources consisting of commercial 

services or the use of medical 

equipment or space from non-affiliated 

institutions as described in 873.104(b), 

where the acquisition is expected to 

exceed the simplified acquisition 

threshold (SAT), an acquisition team 

must be assembled. The team shall be 

tailored by the contracting officer for 

each particular acquisition expected to 

exceed the SAT. The team should 

consist of a mix of staff, appropriate to 

the complexity of the acquisition, and 

may include fiscal, legal, administrative, 

and technical personnel, and such other 

expertise as necessary to assure a 

comprehensive acquisition plan. The 

team should include the small business 

advocate representing the contracting 

activity or a higher-level designee. At a 

minimum, the team must include the 

contracting officer and a representative 

of the Office of General Counsel and the 

requesting service. (38 U.S.C. 8153) 

(b) The contracting officer or the 

acquisition team, as appropriate, must 

conduct market research, including 

satisfying the requirements of VAAR 

808.002(a)(2) and 873.107, 

Socioeconomic programs, and a VA 

Rule of Two determination. It is the 

responsibility of the contracting officer 

to ensure the requirement is 

appropriately publicized and 

information about the procurement 

opportunity is adequately disseminated 

as set forth in 873.107. (38 U.S.C. 8153) 

(c) In lieu of the requirements of FAR 

part 7 addressing documentation of the 

acquisition plan, the contracting officer 

may conduct an acquisition strategy 

meeting with cognizant offices to seek 

approval for the proposed acquisition 

approach. If a meeting is conducted, 

briefing materials shall be presented to 

address the acquisition plan topics and 

structure in FAR 7.105. Formal written 

minutes—summarizing decisions, 

actions, and conclusions—shall be 

prepared and included in the contract 

file, along with a copy of the briefing 

materials. (38 U.S.C. 8153) 

873.106 Exchanges with industry before 

receipt of proposals. 

(a) Exchange of information among all 

interested parties involved in an 

acquisition described in 873.104(b), 

from the earliest identification of a 

requirement through release of the 

solicitation, is encouraged. Any 

exchange of information must be 

consistent with procurement integrity 

requirements in FAR 3.104. The nature 

and extent of exchanges between the 

Government and industry shall be a 

matter of the contracting officer’s 

discretion (for acquisitions not 

exceeding the simplified acquisition 

threshold) or the acquisition team’s 

discretion, as coordinated by the 

contracting officer. (38 U.S.C. 8153) 

(b) Techniques to promote early 

exchange of information include— 

(1) Industry or small business 

conferences; 

(2) Public hearings; 

(3) Market research in accordance 

with FAR 10.002(b), which shall be 

followed to the extent that the 

provisions therein would provide 

relevant information; 

(4) One-on-one meetings with 

potential offerors; 

(5) Presolicitation notices; 

(6) Draft requests for proposals (RFPs); 

(7) Requests for information (RFIs); 

(8) Presolicitation or preproposal 

conferences; 

(9) Site visits; 

(10) Electronic notices (e.g., internet); 

and 

(11) Use of the System for Award 

Management (SAM) (see http://

www.sam.gov/. 

(12) Researching VA’s Vendor 

Information Pages (VIP) database at 

https://www.vip.vetbiz.va.gov/. 

873.107 Socioeconomic programs. 

(a) The Veterans First Contracting 

Program in VAAR subpart 819.70 takes 

precedence over other small business 

programs. (38 U.S.C. 8127–8128) 

(b)(1) Except for contract actions 

subject to 808.002(a)(2), competitive 

contract actions not otherwise excluded 

under this part shall be set-aside for 

VIP-listed service-disabled veteranowned small business (SDVOSB) 

concerns or veteran-owned small 

business (VOSB) concerns if the 

contracting officer has a reasonable 

expectation that two or more eligible 

small business concerns owned and 

controlled by Veterans will submit 

offers and that the award can be made 

at a fair and reasonable price that offers 

best value to the United States. (38 

U.S.C. 8127–8128) 

(2) The contracting officer shall 

proceed with the acquisition under the 

simplified procedures of this part 

considering priority sources (see 

808.008(a)(2) and 873.103) and 

preferences for other small businesses in 

accordance with 819.203–70 and 

819.7004. (38 U.S.C. 8153) 

(c) Without regard to FAR 

13.003(b)(1), 19.203, 19.502, the head of 

the contracting activity (HCA) may 

approve a waiver from the requirement 

for any set-aside for small business 

participation when a waiver is 

determined to be in the best interest of 

the Government. (38 U.S.C. 8153) 

(d) The contracting officer shall 

ensure priorities for veteran-owned 

small businesses are implemented 

within the VA hierarchy of small 

business program preferences, 

established by 38 U.S.C. 8127 and 8128, 

as implemented in VAAR subpart 

819.70, the Veterans First Contracting 

Program. Specifically, the contracting 

officer shall consider preferences for 

verified service-disabled veteran-owned 

small businesses (SDVOSBs) first, then 

preferences for verified veteran-owned 

small businesses (VOSBs). These 

priorities will be followed by 

preferences for other small business 

concerns in accordance with FAR 

19.203, 819.203–70 and 819.7004. (38 

U.S.C. 8153) 

873.108 Publicizing contract actions. 

(a) All competitive acquisitions under 

this part, except as provided in 

paragraph (b) of this section, for dollar 

amounts in excess of the SAT, shall be 

publicly announced utilizing a medium 

designed to permit all responsible 

sources, as appropriate under the 

provisions of this part, to submit a bid, 

proposal, or quotation (as appropriate). 

(1) The publication medium may 

include the internet, including the 

Governmentwide point of entry (GPE), 

and local, regional or national 

publications or journals, as appropriate, 

at the discretion of the contracting 

officer, depending on the complexity of 

the acquisition. 

(2) Notice shall be published for a 

reasonable time prior to issuance of a 

solicitation, depending on the 

complexity or urgency of the 

acquisition, in order to afford potential 

offerors a reasonable opportunity to 

respond. If the notice includes a 


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complete copy of the RFQ or 

solicitation, a prior notice is not 

required, and the RFQ or solicitation 

shall be considered to be announced 

and issued at the same time. 

(3) The notice may include contractor 

qualification parameters, such as time 

for delivery of service, credentialing or 

medical certification requirements, 

small business or other socio-economic 

preferences, the appropriate small 

business size standard, and such other 

qualifications as the contracting officer 

deems necessary to meet the needs of 

the Government. (38 U.S.C. 8153) 

(b) The requirement for public 

announcement does not apply to sole 

source acquisitions described in 

873.104(a). However, as required by 38 

U.S.C. 8153(a)(3)(D), acquisitions from 

an institution not affiliated with the 

Department in accordance with 38 

U.S.C. 7302, if conducted on a sole 

source basis, must still be justified and 

publicized (see 873.104(b)(2)). (38 

U.S.C. 8153) 

(c) For acquisitions below the SAT, a 

public announcement is optional. (38 

U.S.C. 8153) 

(d) Each solicitation issued under 

these procedures must prominently 

identify that the requirement is being 

solicited under the authority of 38 

U.S.C. 8153 and part 873. (38 U.S.C. 

8153) 

873.109 General requirements for 

acquisition of health-care resources. 

(a) Source selection authority. Unless 

the head of the contracting activity 

(HCA) appoints another individual to 

serve as the Source Selection Authority 

(SSA), the contracting officer shall be 

the SSA for acquisitions of health-care 

resources, consisting of commercial 

services, or the use of medical 

equipment or space, utilizing the 

guidance contained in this part 873. (38 

U.S.C. 8153) 

(b) Performance Work Statement/ 

Statement of Work. The performance 

work statement (PWS) or statement of 

work (SOW) must define the 

requirement and should, in most 

instances, include qualifications or 

limitations such as time limits for 

delivery of service, medical certification 

or credentialing restrictions, and small 

business or other socio-economic 

preferences. The contracting officer may 

include any other such terms as the 

contracting officer deems appropriate 

for each specific acquisition. (38 U.S.C. 

8153) 

(c) Documentation. Without regard to 

FAR 13.106–3(b), 13.501(b), or 15.406– 

3, the contract file must include— 

(1) A brief written description of the 

procedures used in awarding the 

contract; 

(2) A written determination that the 

health-care resources being procured are 

not otherwise feasibly available or that 

utilization of such health-care resources 

is necessary to meet mission 

requirements; 

(3) Documentation of market research 

and the results of such research; 

(4) The number of offers received; and 

(5) An explanation, tailored to the size 

and complexity of the acquisition, of the 

basis for the contract award decision. 

(38 U.S.C. 8153) 

(d) Time for receipt of quotations or 

offers. (1) Without regard to FAR 5.203, 

contracting officers shall set a 

reasonable time for receipt of quotations 

or proposals in the solicitations. 

(2) Without regard to FAR 15.208 or 

52.212–1(f), quotations or proposals 

received after the time set forth in an 

RFQ or request for proposals (RFP) may 

be considered at the discretion of the 

contracting officer if determined to be in 

the best interest of the Government. 

Contracting officers must document the 

rationale for accepting quotations or 

proposals received after the time 

specified in the RFQ or RFP. This 

paragraph (d)(2) shall not apply to RFQs 

or RFPs if alternative evaluation 

techniques described in 873.111(d)(1)(ii) 

are used. This paragraph (d)(2) does not 

apply to invitations for bid (IFBs). (38 

U.S.C. 8153) 

(e) Cancellation of procurements. Any 

acquisition may be canceled by the 

contracting officer at any time during 

the acquisition process if cancellation is 

determined to be in the best interest of 

the Government and a memorandum for 

the record in included in the solicitation 

file explaining the reasons for the 

cancellation. (38 U.S.C. 8153) 

873.110 Solicitation provisions. 

(a) As required in 873.109(d), 

contracting officers shall set a 

reasonable time for receipt of quotations 

or proposals and shall insert the 

provision at 852.273–70, Late Offers, in 

all RFQs and RFPs exceeding the micropurchase threshold. However, this 

provision shall not be used if the 

provision 852.273–71, Alternative 

Negotiation Techniques, is to be used. 

(38 U.S.C. 8153) 

(b) The contracting officer shall insert 

a provision in RFQs and solicitations, 

substantially the same as the provision 

at 852.273–71, Alternative Negotiation 

Techniques, when either of the 

alternative negotiation techniques 

described in 873.111(d)(1) will be used. 

(38 U.S.C. 8153) 

(c) The contracting officer shall insert 

the provision at 852.273–72, Alternative 

Evaluation, in lieu of the provision at 

52.212–2, Evaluation—Commercial 

Items, when the alternative negotiation 

technique described in 873.111(d)(1)(ii) 

will be used. (38 U.S.C. 8153) 

(d) When evaluation information, as 

described in 873.112, is to be used to 

select a contractor under a RFQ or RFP 

for health-care resources consisting of 

commercial services or the use of 

medical equipment or space, the 

contracting officer may insert the 

provision at 852.273–73, Evaluation— 

Health-Care Resources, in the RFQ or 

RFP in lieu of FAR provision 52.212–2. 

(38 U.S.C. 8153) 

(e) As provided at 873.113(f), if award 

may be made without exchange with 

offerors, the contracting officer shall 

include the provision at 852.273–74, 

Award Without Exchanges, in the RFQ 

or RFP. (38 U.S.C. 8153) 

(f) The contracting officer shall insert 

the FAR clause at 52.207–3, Right of 

First Refusal of Employment, in all 

RFQs, solicitations, and contracts issued 

under the authority of 38 U.S.C. 8151– 

8153 which may result in a conversion, 

from in-house performance to contract 

performance, of work currently being 

performed by Department of Veterans 

Affairs employees. (38 U.S.C. 8153) 

873.111 Acquisition strategies for healthcare resources. 

The following acquisition processes 

and techniques may be used, singly or 

in combination with others, as 

appropriate, to design acquisition 

strategies suitable for the complexity of 

the requirement and the amount of 

resources available to conduct the 

acquisition. These strategies should be 

considered during acquisition planning. 

The contracting officer shall select the 

process most appropriate to the 

particular acquisition. There is no 

preference for sealed bid acquisitions. 

(38 U.S.C. 8153) 

(a) Request for quotations (RFQ). (1) 

Without regard to FAR subparts 6.1 or 

6.2, contracting officers must solicit a 

sufficient number of sources to promote 

competition to the maximum extent 

practicable and to ensure that the 

purchase is advantageous to the 

Government, based, as appropriate, on 

either price alone or price and other 

factors (e.g., past performance and 

quality). RFQs must notify vendors of 

the basis upon which the award is to be 

made. (see FAR 13.004) 

(2) For acquisitions in excess of the 

SAT, the procedures set forth in FAR 

part 13 concerning RFQs may be 

utilized without regard to the dollar 


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thresholds contained therein. (38 U.S.C. 

8153) 

(b) Sealed bidding. FAR part 14 

provides procedures for sealed bidding. 

(c) Multiphase acquisition technique. 

(1) General. Without regard to FAR 

15.202, multiphase acquisitions may be 

appropriate when the submission of full 

proposals at the beginning of an 

acquisition would be burdensome for 

offerors to prepare and for Government 

personnel to evaluate. Using multiphase 

techniques, the Government may seek 

limited information initially, make one 

or more down-selects, and request a full 

proposal from an individual offeror or 

limited number of offerors. Provided 

that the notice notifies offerors, the 

contracting officer may limit the number 

of proposals during any phase to the 

number that will permit an efficient 

competition among proposals offering 

the greatest likelihood of award. The 

contracting officer may indicate in the 

notice an estimate of the greatest 

number of proposals that will be 

included in the down-select phase. The 

contracting officer may down-select to a 

single offeror. (38 U.S.C. 8153) 

(2) First phase notice. In the first 

phase, the Government shall publish a 

notice (see 873.108) that solicits 

responses and that may provide, as 

appropriate, a general description of the 

scope or purpose of the acquisition and 

the criteria that will be used to make the 

initial down-select decision. The notice 

may also inform offerors of the 

evaluation criteria or process that will 

be used in subsequent down-select 

decisions. The notice must contain 

sufficient information to allow potential 

offerors to make an informed decision 

about whether to participate in the 

acquisition. The notice must advise 

offerors that failure to participate in the 

first phase will make them ineligible to 

participate in subsequent phases. The 

notice may be in the form of a synopsis 

in the Governmentwide point of entry 

(GPE) or a narrative letter or other 

appropriate method that contains the 

information required by this paragraph. 

(38 U.S.C. 8153) 

(3) First phase responses. Offerors 

shall submit the information requested 

in the notice described in paragraph 

(d)(2) of this section. Information sought 

in the first phase may be limited to a 

statement of qualifications and other 

appropriate information (e.g., proposed 

technical concept, past performance 

information, limited pricing 

information). (38 U.S.C. 8153) 

(4) First phase evaluation and downselect. The Government shall evaluate 

all offerors’ submissions in accordance 

with the notice and make a down-select 

decision. (38 U.S.C. 8153) 

(5) Subsequent phases. Additional 

information shall be sought in the 

second phase so that a down-select can 

be performed or an award made without 

exchanges, if necessary. The contracting 

officer may conduct exchanges with 

remaining offeror(s), request proposal 

revisions, or request best and final 

offers, as determined necessary by the 

contracting officer, in order to make an 

award decision. (38 U.S.C. 8153) 

(6) Debriefing. Without regard to FAR 

15.505, contracting officers must debrief 

offerors whose proposals are not 

accepted under a competitive request 

for proposals (RFP) as required by 

873.118. (38 U.S.C. 8153) 

(d) Alternative negotiation techniques. 

(1) Contracting officers may utilize 

alternative negotiation techniques for 

the acquisition of health-care resources. 

Alternative negotiation techniques may 

be used when award will be based on 

either price or price and other factors. 

Alternative negotiation techniques 

include but are not limited to: 

(i) Indicating to offerors a price, 

contract term or condition, 

commercially available feature, and/or 

requirement (beyond any requirement or 

target specified in the solicitation) that 

offerors will have to improve upon or 

meet, as appropriate, in order to remain 

competitive. 

(ii) Posting offered prices 

electronically or otherwise (without 

disclosing the identity of the offerors) 

and permitting revisions of offers based 

on this information. 

(2) Except as otherwise permitted by 

law, contracting officers shall not 

conduct acquisitions under this section 

in a manner that reveals the identities 

of offerors, releases proprietary 

information, or otherwise gives any 

offeror a competitive advantage (see 

FAR 3.104). (38 U.S.C. 8153) 

873.112 Evaluation information. 

(a) Without regard to FAR 15.304— 

Evaluation factors and significant 

subfactors (except for 15.304(c)(1) and 

(c)(3), which do apply to acquisitions 

under this authority), the criteria, 

factors, or other evaluation information 

that apply to an acquisition, and their 

relative importance, are within the 

broad discretion of agency acquisition 

officials as long as the evaluation 

information is determined to be in the 

best interest of the Government. (38 

U.S.C. 8153) 

(b) Price or cost to the Government 

must be evaluated in every source 

selection. Past performance shall be 

evaluated in source selections for 

competitive acquisitions exceeding the 

SAT unless the contracting officer 

documents that past performance is not 

an appropriate evaluation factor for the 

acquisition. (38 U.S.C. 8153) 

(c) The quality of the product or 

service may be addressed in source 

selection through consideration of 

information such as past compliance 

with solicitation requirements, technical 

excellence, management capability, 

personnel qualifications, and prior 

experience. The information required 

from quoters, bidders, or offerors shall 

be included in notices or solicitations, 

as appropriate. (38 U.S.C. 8153) 

(d) The relative importance of any 

evaluation information included in a 

solicitation must be set forth therein. (38 

U.S.C. 8153) 

873.113 Exchanges with offerors. 

(a) Without regard to FAR 15.201 or 

15.306, acquisitions generally involve 

exchanges between the Government and 

competing offerors. Open exchanges 

support the goal of efficiency in 

Government by providing the 

Government with relevant information 

(in addition to that submitted in the 

offeror’s initial proposal) needed to 

understand and evaluate the offeror’s 

proposal. The nature and extent of 

exchanges between the Government and 

offerors is a matter of contracting officer 

judgment. Clarifications, 

communications, and discussions are 

not applicable to acquisitions under this 

part 873. (38 U.S.C. 8153) 

(b) Exchanges with potential offerors 

may take place throughout the source 

selection process. Exchanges may start 

in the planning stages and continue 

through contract award. Exchanges 

should occur most often with offerors 

determined to be in the best value pool 

(see 873.114). The purpose of exchanges 

is to ensure there is mutual 

understanding between the Government 

and the offerors on all aspects of the 

acquisition, including offerors’ 

submittals/proposals. Information 

disclosed as a result of oral or written 

exchanges with an offeror may be 

considered in the evaluation of an 

offeror’s proposal. (38 U.S.C. 8153) 

(c) Exchanges may be conducted, in 

part, to obtain information that explains 

or resolves ambiguities or other 

concerns (e.g., perceived errors, 

omissions, or deficiencies) in an 

Offeror’s proposal. (38 U.S.C. 8153) 

(d) Exchanges shall only be initiated 

if authorized by the contracting officer 

and need not be conducted with all 

offerors. (38 U.S.C. 8153) 

(e) Except for acquisitions based on 

alternative negotiation techniques 

contained in 873.111(d)(1), the 

contracting officer and other 

Government personnel involved in the 

acquisition shall not disclose 


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information regarding one offeror’s 

proposal to other offerors without 

consent of the offeror in accordance 

with FAR parts 3 and 24. (38 U.S.C. 

8153) 

(f) Award may be made on initial 

proposals without exchanges if the 

solicitation states that the Government 

intends to evaluate proposals and make 

award without exchanges, unless the 

contracting officer determines that 

exchanges are considered necessary. (38 

U.S.C. 8153) 

873.114 Best value pool. 

(a) Without regard to FAR 15.306(c), 

the contracting officer may determine 

the most highly rated proposals having 

the greatest likelihood of award based 

on the information or factors and 

subfactors in the solicitation. These 

vendors constitute the best value pool. 

This determination is within the sole 

discretion of the contracting officer. 

Competitive range determinations are 

not applicable to acquisitions under this 

part 873. (38 U.S.C. 8153) 

(b) In planning an acquisition, the 

contracting officer may determine that 

the number of proposals that would 

otherwise be included in the best value 

pool is expected to exceed the number 

at which an efficient, timely, and 

economical competition can be 

conducted. In reaching such a 

conclusion, the contracting officer may 

consider such factors as the results of 

market research, historical data from 

previous acquisitions for similar 

services, and the resources available to 

conduct the source selection. Provided 

the solicitation notifies offerors that the 

best value pool can be limited for 

purposes of making an efficient, timely, 

and economical award, the contracting 

officer may limit the number of 

proposals in the best value pool to the 

greatest number that will permit an 

efficient competition among the 

proposals offering the greatest 

likelihood of award. The contracting 

officer may indicate in the solicitation 

the estimate of the greatest number of 

proposals that will be included in the 

best value pool. The contracting officer 

may limit the best value pool to a single 

offeror. (38 U.S.C. 8153) 

(c) If the contracting officer 

determines that an offeror’s proposal is 

no longer in the best value pool, the 

proposal shall no longer be considered 

for award. Written notice of this 

decision must be provided to 

unsuccessful offerors at the earliest 

practicable time. (38 U.S.C. 8153) 

873.115 Proposal revisions. 

(a) The contracting officer may 

request proposal revisions as often as 

needed during the proposal evaluation 

process at any time prior to award from 

vendors remaining in the best value 

pool. Proposal revisions shall be 

submitted in writing. The contracting 

officer may establish a common cutoff 

date for receipt of proposal revisions. 

Contracting officers may request best 

and final offers n. In any case, 

contracting officers and acquisition 

team members must safeguard all 

proposals and revisions to avoid unfair 

dissemination of an offeror’s proposal. 

(38 U.S.C. 8153) 

(b) If an offeror initially included in 

the best value pool is no longer 

considered to be among those most 

likely to receive award after submission 

of proposal revisions and subsequent 

evaluation thereof, the offeror may be 

eliminated from the best value pool 

without being afforded an opportunity 

to submit further proposal revisions. (38 

U.S.C. 8153) 

(c) Requesting and/or receiving 

proposal revisions does not necessarily 

conclude exchanges. However, requests 

for proposal revisions should advise 

offerors that the Government may make 

award without obtaining further 

revisions. (38 U.S.C. 8153) 

873.116 Source selection decision. 

(a) An integrated comparative 

assessment of proposals should be 

performed before source selection is 

made. The SSA shall independently 

determine which proposal(s) represents 

the best value, consistent with the 

evaluation information or factors and 

subfactors in the solicitation, and that 

the prices are fair and reasonable. The 

SSA may determine that all proposals 

should be rejected if it is in the best 

interest of the Government. (38 U.S.C. 

8153) 

(b) The source selection team, or 

advisory boards or panels, may conduct 

comparative analysis(es) of proposals 

and make award recommendations, if 

the SSA requests such assistance. (38 

U.S.C. 8153) 

(c) The source selection decision must 

be documented in accordance with FAR 

15.308. (38 U.S.C. 8153) 

873.117 Award to successful offeror. 

(a) The contracting officer shall award 

a contract to the successful offeror by 

furnishing the contract or other notice of 

the award to that offeror. (38 U.S.C. 

8153) 

(b) If a request for proposal (RFP) 

process was used for the solicitation and 

if award is to be made without 

exchanges, the contracting officer may 

award a contract without obtaining the 

offeror’s signature a second time. The 

offeror’s signature on the offer 

constitutes the offeror’s agreement to be 

bound by the offer. If a request for 

quotation (RFQ) process was used for 

the solicitation, and if the contracting 

officer determines there is a need to 

establish a binding contract prior to 

commencement of work, the contracting 

officer should obtain the offeror’s 

acceptance signature on the contract to 

ensure formation of a binding contract. 

(38 U.S.C. 8153) 

(c) If the award document includes 

information that is different than the 

latest signed offer, both the offeror and 

the contracting officer must sign the 

contract award. (38 U.S.C. 8153) 

(d) When an award is made to an 

offeror for less than all of the items that 

may be awarded and additional items 

are being withheld for subsequent 

award, each notice shall state that the 

Government may make subsequent 

awards on those additional items within 

the offer acceptance period. (38 U.S.C. 

8153) 

873.118 Debriefings. 

Offerors whose proposals are not 

accepted under a competitive request 

for proposals (RFP) may submit a 

written request for a debriefing to the 

contracting officer. Without regard to 

FAR 15.505, preaward debriefings may 

be conducted by the contracting officer 

when determined to be in the best 

interest of the Government. Post-award 

debriefings shall be conducted in 

accordance with FAR 15.506. (38 U.S.C. 

8153) 

[FR Doc. 2020–29196 Filed 1–19–21; 8:45 am] 

BILLING CODE 8320–01–P 


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