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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations 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 d2 shall not apply to RFQs or RFPs if alternative evaluation techniques described in 873.111d1ii are used. This paragraph d2 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

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873.110

Solicitation provisions.

a As required in 873.109d, contracting officers shall set a reasonable time for receipt of quotations or proposals and shall insert the provision at 852.27370, Late Offers, in all RFQs and RFPs exceeding the micropurchase threshold. However, this provision shall not be used if the provision 852.27371, 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 852.27371, Alternative Negotiation Techniques, when either of the alternative negotiation techniques described in 873.111d1 will be used.
38 U.S.C. 8153
c The contracting officer shall insert the provision at 852.27372, Alternative Evaluation, in lieu of FAR provision 52.2122, EvaluationCommercial Items, when the alternative negotiation technique described in 873.111d1ii 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 852.27373, Evaluation Health-Care Resources, in the RFQ or RFP in lieu of FAR provision 52.2122.
38 U.S.C. 8153
e As provided at 873.113f, if award may be made without exchange with offerors, the contracting officer shall include the provision at 852.27374, Award Without Exchanges, in the RFQ
or RFP. 38 U.S.C. 8153
f The contracting officer shall insert the FAR clause at 52.2073, Right of First Refusal of Employment, in all
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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 thresholds contained therein. 38 U.S.C.
8153
b Sealed bidding. FAR part 14
provides procedures for sealed bidding.
c Multiphase acquisition technique1 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
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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 d2 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 offerors, 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:

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