Federal Register - September 30, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
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 rule will have no such effect on State, local, and tribal Governments or on the private sector.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
List of Subjects 48 CFR Part 852
Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 873
Government procurement.
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on August 24, 2021, 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.
Luvenia Potts, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, VA amends 48 CFR parts 852
and 873 as follows:
PART 852SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authorities for part 852
continue to read as follows:
Authority: 38 U.S.C. 81278128, and 81518153; 40 U.S.C. 121c; 41 U.S.C.
1121c3, 41 U.S.C. 1303; 41 U.S.C. 1702;
and 48 CFR 1.301 through 1.304.
Subpart 852.2Text of Provisions and Clauses 2. Section 852.27370 is revised to read as follows:
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852.27370
Late Offers.
As prescribed in 873.110a, insert the following provision:
Late Offers Nov 2021
This provision replaces paragraph f of FAR provision 52.2121, Instructions to OfferorsCommercial Items. Offers or modifications of offers received after the time
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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 852.27371 is revised to read as follows:
852.27371 Alternative Negotiation Techniques.
As prescribed in 873.110b, insert the following provision:
Alternative Negotiation Techniques Nov 2021
The Contracting Officer may elect to use the alternative negotiation techniques described in 873.111d 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 852.27372 is revised to read as follows:
852.27372
Alternative Evaluation.
As prescribed in 873.110c, insert the following provision:
Alternative Evaluation Nov 2021
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 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 Governments 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 options.
End of provision 5. Section 852.27373 is revised to read as follows:
852.27373 EvaluationHealth-Care Resources.
As prescribed in 873.110d, in lieu of FAR provision 52.2122, the
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Contracting Officer may insert a provision substantially as follows:
EvaluationHealthCare Resources Nov 2021
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 Governments 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 Governments 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 options. The Government may reject any or all proposals if such action is in the Governments 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 offer, shall result in a binding contract without further action by either party. Before the offers specified expiration time, the Government may accept an offer or part of an offer, 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 852.27374 is revised to read as follows:
852.27374
Award Without Exchanges.
As prescribed in 873.110e, insert the following provision:
Award Without Exchanges Nov 2021
The Government intends to evaluate proposals and award a contract without exchanges with Offerors. Therefore, each initial proposal should contain the Offerors 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:
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30SER1
