[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: 48CFR806.302-5]



[Page 156-157]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 806_COMPETITION REQUIREMENTS--Table of Contents

 

           Subpart 806.3_Other Than Full and Open Competition

 

Sec. 806.302-5  Authorized or required by statute.



    (a) Scarce Medical Specialist contracts negotiated under the 

authority of 38 U.S.C. 7409 are approved for other than full and open 

competition only



[[Page 157]]



when such contracts are with institutions affiliated with the Department 

of Veterans Affairs pursuant to 38 U.S.C. 7302. The justification and 

approval requirements of FAR 6.303 and 806.304 are still applicable.

    (b) Contracts or agreements for the mutual use or exchange of use of 

health-care resources, consisting of commercial services, the use of 

medical equipment or space, or research, negotiated under the authority 

of 38 U.S.C. 8151-8153, are approved for other than full and open 

competition only when such contracts or agreements are with institutions 

affiliated with the Department of Veterans Affairs, pursuant to 38 

U.S.C. 7302, with medical practice groups or other approved entities 

associated with affiliated institutions (entities will be approved if 

determined legally to be associated with affiliated institutions), or 

with blood banks, organ banks, or research centers. The justification 

and approval requirements of FAR 6.303 and VAAR 806.304 do not apply to 

such contracts or agreements.

    (c) Contracts or agreements for the mutual use or exchange of use of 

health-care resources, consisting of commercial services or the use of 

medical equipment or space, negotiated under the authority of 38 U.S.C. 

8151-8153, and not acquired under the authority of paragraph (b) of this 

section, may be conducted without regard to any law or regulation that 

would otherwise require the use of competitive procedures for procuring 

resources, provided the procurement is conducted in accordance with the 

simplified procedures contained in (VAAR) 48 CFR part 873. The 

justification and approval requirements of FAR 6.303 and 806.304 shall 

apply to such contracts or agreements conducted on a sole source basis.

    (d) Various other sections of Title 38, United States Code, 

authorize the Secretary to enter into certain contracts, and certain 

types of contracts, without regard to any other provision of law. The 

justification and approval requirements specified in FAR 6.303 and 

806.304 are still applicable. VA contracting officers entering into 

contracts using other than competitive procedures for any of the 

following items or services, estimated to cost in excess of the 

simplified acquisition threshold, will cite, in addition to 41 U.S.C. 

253(c)(5), the appropriate section of Title 38, United States Code, as 

their authority to do so.

    (1) Contracts for orthopedic and prosthetic appliances and related 

services including research. 38 U.S.C. 8123.

    (2) Contracts to purchase or sell merchandise, equipment, fixtures, 

supplies and services for the operation of the Veterans Canteen Service. 

38 U.S.C. 7802.

    (3) Contracts or leases for the operation of parking facilities 

established under the authority of 38 U.S.C. 8109(b), provided that the 

establishment, operation, and maintenance of such facilities have been 

authorized by the Secretary or designee. 38 U.S.C. 8109(f).

    (4) Contracts for laundry and other common services such as the 

purchase of steam, may be noncompetitively negotiated with non-profit, 

tax-exempt, educational, medical, or community institutions, when 

specifically approved by the Secretary or designee and when such 

services are not reasonably available from private commercial sources. 

38 U.S.C. 8122(c).

    (5) Contracts or agreements with public or private agencies for 

services or translators. 38 U.S.C. 513.

    (6) Contracts for nursing home care. 38 U.S.C. 1720.



[51 FR 23066, June 25, 1986, as amended at 52 FR 28560, July 31, 1987; 

54 FR 40063, Sept. 29, 1989; 61 FR 20492, May 7, 1996; 63 FR 69218, Dec. 

16, 1998; 68 FR 3468, Jan. 24, 2003]