§ 873.104 - Competition requirements.

873.104 Competition requirements.

(a) Without regard to FAR part 6, if the Affiliated institutions.

(1) A health-care resource

required is a

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

Department

VA in accordance with

section 7302 of title

38 U.S.C. 7302, including medical practice groups and other

approved

entities associated with affiliated institutions

(entities will be approved if determined legally to be associated with affiliated institutions)

,

or from

blood banks, organ banks, or research centers

, the resource may be acquired on a sole source basis

. (38 U.S.C. 8153(a)(

b) Acquisition

3)(A))

(2) Acquisitions of health-care resources identified in paragraph (a)(1) of this section are not required to be publicized as otherwise required by 873.108 or FAR 5.101.

In addition, written justification, as otherwise set forth in section 303(f) of the Federal Property and Administration Services Act of 1949 (41 U.S.C. 253(f)) and FAR part 6, is not required. (38 U.S.C. 8153) (c) Without regard to FAR 6.101, if

(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 (a)(1) of this section, contracting officers

must seek competition to the maximum extent practicable and must

shall permit all responsible sources, as appropriate

under the provisions of this part

, to submit a bid, proposal, or quotation

(as appropriate)

for the

resources

resource to be procured, and provide for the consideration by

the Department

VA of bids, proposals, or quotations so submitted. (38 U.S.C. 8153(a)(

d) Without regard to FAR 5.101, acquisition

3)(B))

(2) Acquisition of health-care resources identified in paragraph (

c

b)(1) of this section shall be publicized as otherwise required by 873.108. Moreover, for any such acquisition described in paragraph (

c

b)(1) 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 levels prescribed in

section 303(f) of the Federal Property and Administration Services Act of 1949 (41 U.S.C. 253(f)) and

FAR

part

6.303. (38 U.S.C. 8153(a)(3)(D))