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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations PART 873SIMPLIFIED PROCEDURES
FOR HEALTHCARE 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.

873.103

Authority: 38 U.S.C. 81278128; 38 U.S.C.
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.
873.101

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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

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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 808.002a2 and 873.107. 38 U.S.C. 8153
873.104

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. The procedures in this part shall be used in conjunction with the Federal Acquisition Regulation FAR and other parts of the VA
Acquisition Regulation 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

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 38 U.S.C. 1782
and 1783 any other health-care service, and any health-care support or administrative resource. 38 U.S.C.
8153

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.
8153a3A
2 Acquisitions of health-care resources identified in paragraph a1
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 commercial service or the use of medical equipment or space, and is to be acquired from an entity not described in paragraph a1 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. 8153a3B
2 Acquisition of health-care resources identified in paragraph b1
of this section shall be publicized as otherwise required by 873.108.
Moreover, for any such acquisition described in paragraph b1 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
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levels prescribed in FAR 6.303. 38
U.S.C. 8153a3D
873.105

Acquisition planning.

a For the acquisition of health-care resources consisting of commercial services or the use of medical equipment or space 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 808.002a2 and 873.107, Socioeconomic programs, and a VA
Rule of Two determination 819.5022.
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 minutessummarizing decisions, actions, and conclusionsshall 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 873.104b, 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
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