[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: 48CFR801.602-72] [Page 144-145] 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. 801.602-72 Documents to be submitted for legal review. The following documents are to be submitted for legal review: (a) For proposed construction contracts, one copy of all solicitation documents, excluding drawings. These documents will be submitted no later than at the time they are furnished to prospective bidders. Where feasible, these documents should be submitted for review prior to the time they are furnished to prospective bidders. (b) For 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), the documents referred to in VA Manual M-1, Part 1, Chapter 34. (c) For all other proposed contracts and agreements, a copy of the documents to be used in the solicitation and/or award of contract, including any other documents which support the proposed procurement action, e.g., justification and approval in the case of noncompetitive procurement. Solicitation documents will be submitted no later than at the time they are mailed [[Page 145]] to prospective bidders. Where feasible, these documents should be submitted for review prior to the time they are mailed to prospective bidders. (d) For contract modifications described in 801.602-70(b) and 801.602-71(b)(4) and (d): (1) A draft of the proposed modification. This shall be prepared on an SF (Standard Form) 30, Amendment of Solicitation/Modification of Contract, and shall specify the exact language to be used. Changes in work, time and cost must be specifically described; (2) A statement describing the need for the changed work. This should also be accompanied by any backup documentation, including a copy of the general statement of work in the original contract plus any existing contract language which will be modified. Include a statement that the work covered by the proposed modification is or is not within the original scope of the contract, setting forth fully the facts considered in reaching the conclusion; (3) A statement containing an analysis on what necessitated the modification, e.g., design error, technical change, medical center requirements; (4) The contracting officer's technical representative (COTR) technical evaluation of the proposed change; (5) For construction modifications and, where applicable for architect-engineer (A/E) modifications, a copy of drawings which the COTR has marked up to delineate the proposed changed work. If appropriate, include a copy of the pertinent technical specifications. Whenever a proposed contract modification involves numerous changes to drawings and specifications for a Central Office project, the drawings and specifications will be available for review in the office of the Project Director; (6) Costing information including: (i) The contractor's cost proposal in the format required by the contract. (ii) The COTR's independent cost evaluation. (iii) The A/E's independent cost evaluation. (iv) Contracting officer's Price Negotiation Memorandum (PNM) in accordance with VAAR 815.808. For Office of Facilities Management contracts, the PNM may be submitted by either the contracting officer or COTR. (v) For A/E contracts, a listing of the fees awarded in the original contract and previous modifications. (vi) For A/E working drawing contracts, a statement regarding the actual or estimated cost of the original construction and any estimated change to the overall project cost as a result of the proposed modification. (vii) Any other relevant costing information, such as independent market research, which was or will be used as negotiation criteria. (7) A concurrence on the memorandum from the appropriate office indicating that funds are available or a statement concerning the actions which must be taken to secure the required funds; and (8) The names and telephone numbers of the contracting officer and COTR. (e) For bids/offers submitted as required by 801.602-70(j), the following documents will be provided: (1) Request for contract action, including justification of need. (2) The solicitation. (3) Abstracts of bids/offers. (4) Price negotiations memorandum, if applicable. (5) Justification and approval (see FAR 6.303), if applicable. (6) Documents relevant to determination of contractor's responsibility. (7) Documents relevant to price reasonableness. [49 FR 12583, Mar. 29, 1984, as amended at 51 FR 23066, June 25, 1986; 52 FR 28559, July 31, 1987; 52 FR 49017, Dec. 29, 1987; 54 FR 31964, Aug. 3, 1989; 54 FR 40062, Sept. 29, 1989; 61 FR 11586, Mar. 21, 1996; 61 FR 20491, May 7, 1996; 68 FR 3468, Jan. 24, 2003]