[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR801.602-71]



[Page 143-144]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 801_VETERANS AFFAIRS ACQUISITION REGULATIONS SYSTEM--Table of Contents

 

      Subpart 801.6_Career Development, Contracting Activity, and 

                            Responsibilities

 

Sec. 801.602-71  Processing contracts for legal/technical review.



    (a) All competitively awarded solicitations requiring legal and/or 

technical review will have such reviews completed prior to opening of 

bids or proposals. The contracting officer will fully evaluate technical 

and legal review comments prior to opening bids or proposals. Potential 

bidders/offerors will be advised of changes to the solicitation by 

amendment and afforded sufficient time for evaluation prior to opening 

of bids or offers.

    (b) Veterans Health Administration (VHA) Field Facilities, VA 

National Acquisition Center. (1) Proposed contracts or agreements 

specified in 801.602-70(a) (1), (2), (3), (4) (iii) through (v), (5), 

(6) and (7) will be forwarded by the contracting officer directly to the 

Deputy Assistant Secretary for Acquisition and Materiel Management, 

Acquisition Review Division. The Deputy Assistant Secretary for 

Acquisition and Materiel Management will review the submissions and when 

applicable, forward them directly to the General Counsel (025).

    (2) Proposed contracts and agreements for scarce medical specialist 

services or for the mutual use or exchange of use of health-care 

resources, as specified in 801.602-70(a)(4)(vi) and (a)(4)(vii), will be 

forwarded to Central Office in accordance with Veterans Health 

Administration directives and VA Manual M-1, Part 1, Chapter 34, for 

review and submission to the Office of the General Counsel (025).

    (3) Proposed interagency agreements specified in 801.602-

70(a)(4)(viii) will be forwarded by the approving official to the Deputy 

Assistant Secretary for Acquisition and Materiel Management, Program 

Development and Evaluation Division. The Deputy Assistant Secretary for 

Acquisition and Materiel Management will review the submissions and 

forward them directly to the General Counsel (025).

    (4) Proposed facility-level modification specified in 801.607-70(b) 

will be forwarded by the contracting officer to General Counsel (025), 

through the Deputy Assistant Secretary for Acquisition and Materiel 

Management, Acquisition Review Division.



[[Page 144]]



    (5) Proposed final decisions or settlement agreements specified in 

801.602-70(b) will be forwarded by the contracting officer directly to 

the Deputy Assistant Secretary for Acquisition and Materiel Management. 

The Deputy Assistant Secretary for Acquisition and Materiel Management 

will review the submissions and forward them to the General Counsel 

(025).

    (6) Proposed revisions to contract clauses specified in 801.602-

70(c) will be forwarded by the contracting officer directly to the 

Deputy Assistant Secretary for Acquisition and Materiel Management. If 

concurred in, the Deputy Assistant Secretary for Acquisition and 

Materiel Management will forward them directly to the General Counsel.

    (c) Veterans Benefits Administration field facilities. (1) All 

proposed State reimbursement contracts and Guidance Center and 

Vocational Rehabilitation contracts which are anticipated to ultimately 

involve the expenditure of $100,000 or more, will be forwarded by the 

contracting officer directly to the Director, Vocational Rehabilitation 

and Education Service, for review and approval. The Director, Vocational 

Rehabilitation and Education Service will review the submissions and 

forward them to the General Counsel.

    (2) Any other proposed agreement or contract specified in 801.602-

70(a) will be forwarded by the facility Director to the Chief Benefits 

Director for Field Operations (201) for coordination with Director(s) of 

the concerned service(s) and submission to the General Counsel.

    (3) Any other element of contracting falling within 801.602-70 (b) 

and (c) will be processed in accordance with paragraph (b)(2) of this 

section.

    (d) Central office. Any element of contracting prescribed for legal 

review in 801.602-70 originating in central office, will be submitted 

for legal review by the contracting officer, or approving official in 

the case of agreements with other Government agencies through the Deputy 

Assistant Secretary for Acquisition and Materiel Management, Acquisition 

Review Division. (Except that in the case of Office of Facilities 

Management contracts, a selected sample of contracts will be processed 

through the Office of Acquisition and Materiel Management, Acquisition 

Review Division. All other Office of Facilities Management contract 

actions identified in 801.602-70 will be sumitted for legal review in 

accordance with Office of Facilities Management procedures).

    (e) All bids/offers required to be reviewed prior to award in 

accordance with 801.602-70(j), will be forwarded to the Deputy Assistant 

Secretary for Acquisition and Materiel Management, Acquisition Review 

Division, with a cover letter identifying:

    (1) The date in which the award is anticipated;

    (2) Responsibility determination results or efforts ongoing;

    (3) Determinations of price reasonableness;

    (4) Explanation of proposed award to other than low responsible 

bidder/offeror.



[49 FR 12583, Mar. 29, 1984, as amended at 52 FR 28559, July 31, 1987; 

52 FR 49017, Dec. 29, 1987; 54 FR 31963, Aug. 3, 1989; 54 FR 40062, 

Sept. 29, 1989; 61 FR 11585, Mar. 21, 1996; 68 FR 3468, Jan. 24, 2003]