48 CFR Part 806 — Competition Requirements

PART 806—COMPETITION REQUIREMENTS Authority: 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1303; 41 U.S.C. 1702; 41 U.S.C. 3304; and 48 CFR 1.301 through 1.304. Source: 86 FR 54115, Sept. 29, 2021, unless otherwise noted. 806.004-70 Definition. As used in this part— Health-care resources Subpart 806.1—Full and Open Competition 806.102 Use of competitive procedures. (d)(3) Awards made using General Services Administration (GSA) or Department of Veterans Affairs (VA) Federal Supply Schedules (FSS) are considered competitive when awarded in accordance with the procedures specified in FAR part 8 and this part. Subpart 806.2—Full and Open Competition After Exclusion of Sources 806.203 Set-asides for small business concerns. (c) Subparts 819.5 and 819.70 prescribe the policies and procedures that shall be followed with respect to set-asides for small business and Veteran-owned small business concerns. 806.270 Set-asides for verified Veteran-owned small businesses. (a) To fulfill the statutory requirements relating to Public Law 109-461, the Veterans Benefits, Health Care and Information Technology Act of 2006 (38 U.S.C. 8127-8128), contracting officers shall set aside solicitations in accordance with subpart 819.70 and the VA Rule of Two for Vendor Information Pages (VIP) verified service-disabled Veteran-owned small businesses (SDVOSBs) first, then Veteran-owned small businesses (VOSBs) (see 819.7005 and 819.7006). (38 U.S.C. 8127-8128) (b) The requirement in this section to set aside procurements for VIP verified SDVOSBs and VOSBs applies to all types of contracts, including orders placed under GSA's Federal Supply Schedules (FSS) and indefinite-delivery contracts. (38 U.S.C. 8127-8128) Subpart 806.3—Other Than Full and Open Competition 806.302 Circumstances permitting other than full and open competition. 806.302-5 Authorized or required by statute. 806.302-570 Noncompetitive procedures for verified Veteran-owned small businesses. (a) Sole source awards made to a verified SDVOSB or VOSB. (b) Sole source awards below the simplified acquisition threshold. (c) Sole source awards above the simplified acquisition threshold. (1) Such concern is determined to be a responsible source with respect to performance of such contract opportunity; (2) The anticipated award price of the contract (including options) will exceed the simplified acquisition threshold, but will not exceed $5 million; and (3) Contract award can be made at a fair and reasonable price that offers best value to the United States. (38 U.S.C. 8127) 806.302-571 Authorized or required by statute—VA unique authorities. (a) Authority. Citation: (2) Full and open competition need not be provided for when a statute expressly authorizes or requires that the acquisition be made through another agency or from a specified source. (b) Application. (1) Prosthetic appliances and services. (2) Commercial health-care resources, the use of medical equipment or space, or research, and acquired from an institution affiliated with the Department of Veterans Affairs. (3) Commercial health-care resources, the use of medical equipment or space, and is not to be acquired from an entity described in paragraph (b)(2) of this section. (4) Commercial health-care resources, the use of medical equipment or space, when not acquired from an affiliated institution described in paragraph (b)(2) of this section and to be conducted on a sole source basis. (c) Written justifications and approvals. (d) Citation of specific authorities. (1) Contracts for scarce medical specialist services. (i) Schools and colleges of medicine, osteopathy, dentistry, podiatry, optometry, and nursing; (ii) Clinics; and (iii) Any other group or individual capable of furnishing such scarce medical specialist services at VA facilities, to include the services of physicians, dentists, podiatrists, optometrists, chiropractors, nurses, physician assistants, expanded-function dental auxiliaries, technicians, and other medical support personnel. (38 U.S.C. 7409) (2) Contracts or agreements to purchase or sell merchandise, equipment, fixtures, supplies and services for the operation of the Veterans Canteen Service. Citation: (3) Contracts or leases for the operation of parking facilities established under authority of 38 U.S.C. 8109(b). Citation: (4) Contracts for laundry and other common services, such as the purchase of steam, negotiated with non-profit, tax-exempt educational, medical, or community institutions. Citation: (5) Contracts or agreements with private or public agencies or persons for translator services. Citation: Subpart 806.5—Advocates for Competition 806.501 Requirement. The Associate Executive Director, Office of Procurement Policy, Systems and Oversight (AED, PPSO) is designated as the VA Advocate for Competition for the agency. The AED, PPSO may further delegate the authority in this section to appoint an alternate agency advocate for competition and shall designate procuring activity advocates for competition in accordance with FAR 6.501. A complete list of VA procuring activity advocates for competition can be found at https://www.va.gov/oal/business/pps/competition-advocates.asp.

Related documents

• 48 CFR Part 2031 — Contract Cost Principles and Procedures#511479
• 48 CFR Part 706 — Competition Requirements#511104
• 48 CFR Part 6 — Competition Requirements#510865
• 39 CFR Part 3010 — Rules of Practice and Procedure#509327
• 48 CFR Part 906 — Competition Requirements#511181