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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
Government and industry shall be a matter of the contracting officers discretion for acquisitions not exceeding the simplified acquisition threshold or the acquisition teams 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 10.002b, 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;
11 Use of the System for Award Management SAM see http
www.sam.gov/; and 12 Researching VAs Vendor Information Pages VIP database at https www.vip.vetbiz.va.gov/.

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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. 81278128
b1 Except for contract actions subject to 808.002a2, 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. 81278128
2 The contracting officer shall proceed with the acquisition under the simplified procedures of this part considering priority sources see 808.008a2 and 873.103 and preferences for other small businesses in accordance with 819.20370 and 819.7004. 38 U.S.C. 8153
c Without regard to FAR
13.003b1, 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

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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, 819.20370, 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 complete copy of the request for quotation 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 873.104a. However, as required by 38
U.S.C. 8153a3D, acquisitions from an institution not affiliated with the VA
in accordance with 38 U.S.C. 7302, if conducted on a sole source basis, must
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still be justified and publicized see 873.104b2. 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 the procedures in this part must prominently identify that the requirement is being solicited under the authority of 38 U.S.C. 8153 and this part. 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. 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 13.1063b, 13.501b, 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 52.2121f, 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
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