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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Proposed Rules
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 873.104a. However, as required by 38
U.S.C. 8153a3D, 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 873.104b2. 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 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

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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 13.1063b, 13.501b, or 15.406
3, the contract file must include
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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 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
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

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c The contracting officer shall insert the provision at 852.27372, Alternative Evaluation, in lieu of the provision at 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 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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