PART 808 - REQUIRED SOURCES OF SUPPLIES AND SERVICES
PART 808--REQUIRED SOURCES OF SUPPLIES AND SERVICES
TABLE OF CONTENTS
Priorities for use of Government supply sources. |
SUBPART 808.3--ACQUISITION OF UTILITY SERVICES
Utility connection and service agreements--Central Office. | |
Utility connection agreements. | |
Estimates for utility service agreements. | |
Contracts for utility services. | |
Utility connection and service agreements--field stations. | |
Contract negotiation. |
SUBPART 808.4--ORDERING FROM FEDERAL SUPPLY SCHEDULES
General. |
SUBPART 808.8--ACQUISITION OF PRINTING AND RELATED SUPPLIES
Acquisition of forms, publications and related printing. | |
VA binding and paper specifications. | |
Acquisition of forms, publications, and related supplies. | |
VA field facility sources of duplicating printing, binding, and other related items or services. | |
Procurement of items and services not described in appendix A. |
PART 808 - REQUIRED SOURCES OF SUPPLIES AND SERVICES
§808.001 Priorities for use of Government supply sources.
(NOTE: See approved deviation dated November 20, 2002)
a. Procurement will be effected from the following sources in the descending order of priority as indicated herein:
2. Other Government agencies excess.
4. Procurement list of products available from the Committee for Purchase from the Blind and Other Severely Handicapped.
5. GSA stock and other Government agency inventory.
6. VA decentralized contracts.
7. Mandatory Federal Supply Schedule contracts.
8. Optional use Federal Supply Schedule contracts.
9. Commercial concerns, educational, or nonprofit institutions, as applicable.
b. Public exigency. A source lower in priority may be utilized in a public exigency as defined in FAR 6.302-2 and in Federal Property Management Regulation 41 CFR 101-25.101-5. Justification for each deviation must be included in the procurement file.
c. Eligible Beneficiaries. When it is determined that a therapeutic benefit to eligible beneficiaries will result from personal selection of shoes, clothing and incidentals, acquisition from the Veterans Canteen Service or commercial sources is authorized. When dress shoes similar to Federal Prison Industries, Inc., Style No. 86-A are purchased from commercial sources, FPI clearance No. 1206 will be cited on the purchase document.
1. Eligible beneficiaries are defined in M-1, Part VII, Chapter 9.
2. The provisions of M-1, Part IV, paragraph 6.01b, are equally applicable to purchases from Veterans Canteen Service by patients without funds.
SUBPART 808.3 - ACQUISITION OF UTILITY SERVICES
§808.370 Utility connection and service agreements--Central Office.
a. This section provides procedures for negotiating utility connection agreements and contracts for utility services for approved new construction projects, including expansions and modernization projects financed with construction appropriations developed and designed in Central Office.
b. During the preliminary stages of approved construction projects, (e.g., the estimating stages), the Chief, Utilities Contract Administration Division (UCAD), will determine, through coordination with and advice from affected services in the Office of Facilities (O/F), whether the required utility services are available from existing VA installations. If no existing VA utility services are available or those that are available are not adequate, the Chief, UCAD, will consider obtaining such services from one or more regulated or unregulated suppliers.
c. The Chief, UCAD, with the concurrence and approval of the interested services in the Office of Facilities and the Director, Facilities Engineering Service, will recommend to the Director, Office of Facilities, that installations for utility services be provided by VA, including the production of such utilities, or that required utility services be obtained by agreements and contracts from regulated or unregulated utility suppliers. The recommendation will be based on cost comparisons to determine the most economical method of providing such installations and will comply with the provisions of OMB Circular No. A-76 (Revised).
d. As used in this section, the term "unregulated utility suppliers" includes public utility companies, other Government agencies, State, county, and city government, and other organizations whose rates are not regulated by a separate Federal, State, municipal or other regulatory body.
§808.370-1 Utility connection agreements.
a. In all cases involving construction appropriations or projects developed and designed in Central Office, the Chief, UCAD, will develop and prepare or obtain necessary preliminary and final utility connection agreements with regulated or unregulated utility suppliers by one of the following methods:
3. Cost-reimbursement contracts.
b. The Chief, UCAD, will coordinate negotiations with the Deputy Assistant Secretary for Acquisition and Materiél Management and the Director, Facilities Engineering Service, or their designees, to assure that required utility connection contracts are sufficient and properly related to the service agreement. Contracts so negotiated will be executed by the Chief, UCAD, and the Deputy Assistant Secretary for Acquisition and Materiél Management or their designee.
§808.370-2 Estimates for utility service agreements.
a. When the type of utility service required is obtained under a VA or GSA contract with a regulated utility supplier which is the only source for the service, the rates in the contract or those approved by the governing regulatory body may be used by the Chief, UCAD, in support of the determination required by §808.370(c).
b. In all other cases, i.e., where the service is available from one or more regulated or unregulated suppliers, the rates will be obtained by the Deputy Assistant Secretary for Acquisition and Materiél Management. As soon as it is determined that utility rates are necessary to support the determination required by §808.370(c), the Chief, UCAD, will request the Deputy Assistant Secretary for Acquisition and Materiél Management, through the O/F Director, Office of Planning and Development (086), to obtain a preliminary estimate of the rates for the utility service. The request will indicate the potential source for the service, estimated requirements, and the dates by which preliminary estimate and firm commitment will be required. When, in the opinion of the Chief, UCAD, it is to the advantage of VA to simultaneously negotiate a utility connection and a utility service contract, representatives of the Office of Acquisition and Materiél Management and Engineering Service will be designated as members of the team to conduct such negotiations. Contracts so negotiated will be executed by the Chief, UCAD, and Deputy Assistant Secretary for Acquisition and Materiél Management or designee, as appropriate. The Deputy Assistant Secretary for Acquisition and Materiél Management will obtain the required preliminary estimate and firm commitment to furnish the services required by one of the following methods:
3. Consolidated purchase, joint use, or cross-service agreement.
4. VA negotiated contract (firm fixed-price or cost-reimbursement).
c. No contracts will be entered into until the determination required in §808.370 has been made and the related construction has been approved.
§808.370-3 Contracts for utility services.
1. As soon as it is determined that firm contract(s) for utility service(s) will be required in connection with a Central Office construction project, the Chief, UCAD, will request the Deputy Assistant Secretary for Acquisition and Materiél Management, through the O/C Director, Health Care Facilities Service, to enter into the necessary agreement(s). The request will include potential source(s) for the service(s), estimated requirements, and the date(s) by which the contract(s) and utility service(s) will be required.
2. The Deputy Assistant Secretary for Acquisition and Materiél Management will execute the required agreement(s) or contract(s) by one or more of the methods in §808.370-2(b), or assign the responsibilities to the contracting officer at the applicable field station, offering such advice and assistance as necessary to assure that negotiations are effected in a timely manner and that the most advantageous terms, conditions, and prices are obtained.
3. In the event the Deputy Assistant Secretary for Acquisition and Materiél Management assigns the contracting officer at the applicable field station responsibility for negotiating and executing such supply contracts, the contracting office will take action as provided in §808.371 and §808.372.
§808.371 Utility connection and service agreements--field stations.
a. This section provides procedures for negotiating utility connection agreements and contracts for utility services for:
1. Approved projects financed by M&R (Maintenance and Repair) funds, and
2. Projects financed by construction appropriations when responsibility for such negotiations is assigned to field stations by the Chief, UCAD, for connection agreements or by the Deputy Assistant Secretary for Acquisition and Materiél Management for service contracts.
b. Whenever preliminary estimates are developed in Central Office but final design for construction appropriation contracts are developed by field stations, the responsibility for executing required utility connection and/or service agreements or contracts will be determined and, if appropriate, assigned to the field station by the Chief, UCAD, or the Deputy Assistant Secretary for Acquisition and Materiél Management.
c. VA field stations will conduct negotiations and enter into contracts or agreements for required utility connections and utility services by means of:
3. consolidated purchase, joint use, cross service, or
4. fixed-price or cost-reimbursement contracts.
Contracts will be executed before award of the related construction contract and will be contingent thereon. Contracts will provide that no service or construction of connection facilities will be performed until authorized by the contracting officer.
d. Contracts or agreements for utility connections and/or services will be developed and coordinated with the interested field station divisions. Field stations may request advice or assistance in development of utility connection agreements and contracts from the Chief, UCAD, and may contact the Deputy Assistant Secretary for Acquisition and Materiél Management for assistance in negotiating utility service contracts. Proposed contracts or agreements for utility connections should be referred to the Director, Engineering Service, Veterans Health Administration, for comments, advice and recommendations concerning the need for work proposed and the reasonableness of the quantities and costs indicated and chargeable to VA.
e. Where the estimated amount of the proposed contract, agreement or authorization meets the criteria of FAR 8.307-1, it will be submitted to the General Services Administration, Federal Supply and Services, Public Utilities Management Division, Washington, DC 20406, for prior review.
§808.372 Contract negotiation.
a. Where negotiated cost-reimbursement or fixed-price contracts for utility connections or services are required, negotiation will be accomplished in accordance with the applicable provisions of FAR 42.7, FAR 15.8, and the implementing sections of the VAAR. The Chief, UCAD, Deputy Assistant Secretary for Acquisition and Materiél Management, and the Director, Engineering Service, and, when applicable, the field station contracting officer and the engineer officer will coordinate negotiations to:
1. Arrive at the most economical method.
2. Negotiate the most beneficial prices and terms.
3. Provide required connections and/or services to meet construction schedules.
4. Provide for adequate legal review (§801.602-70).
5. Require the submission of cost or pricing data and obtain an audit of the contractor's proposal when required by Subpart §815.8 and FAR Subpart 15.8.
6. Provide for prior review by GSA when required by FAR 8.307-2.
b. Cost-reimbursement contracts of a continuing nature will provide for a periodic revision of the unit price at least annually. The contractor will be required to submit detailed production and labor costs as a basis for determining revised unit rates. These costs will be evaluated and audited as provided in Subpart §815.8 and FAR Subpart 15.8.
SUBPART 808.4 - ORDERING FROM FEDERAL SUPPLY SCHEDULES
The Executive Director and Chief Operating Officer, VA National Acquisition Center, advertises, negotiates, awards the contracts, and is responsible for contract administration for FSS (Federal Supply Schedule) Groups 65 and 89. The Executive Director and Chief Operating Officer issues the Federal Supply Schedules containing the necessary information for placing delivery orders with the contractors for the above FSS Groups.
SUBPART 808.8 - ACQUISITION OF PRINTING AND RELATED SUPPLIES
§808.870 Acquisition of forms, publications, and related printing
§808.870-1 VA binding and paper specifications.
See §810.006(c), (d), and (e) for requirements.
§808.870-2 Acquisition of forms, publications, and related supplies.
As prescribed in FAR 8.802(d), the Agency Central Printing Authority is the Director, Publications Service, Office of Acquisition and Materieacute;l Management, VA Central Office, and is responsible for the centralized procurement of forms, publications and related items and services. He/she will, through the media of VA Catalog No. 1, printing and binding price schedules, and other appropriate media, announce those items and services that are available and establish requisitioning schedules and such other procedures necessary to insure efficient procurement and distribution.
§808.870-3 VA field facility sources of duplicating, printing, binding and other related items or services.
a. Items and services within these categories will be acquired from the sources in the manner set forth in appendix A of this subpart. Individual printing costing $1,000 or less per line item may be procured direct from local commercial sources provided that:
1. They are not of a continuing repetitive nature;
2. Are not conducive to the establishment of an open end indefinite quantity type contract; and
3. Cannot be ordered against existing GPO contracts.
All such printing must be reported and identified on JCP Form No. 2, Commercial Printing Report, through use of an asterisk in the waiver column and an appropriate footnote. When procuring items and services, it is imperative that complete specifications are furnished the "printer" to insure delivery of the required end product. Paper stocks must conform with the U.S. Government Paper Specifications published by the Joint Committee on Printing of the Congress of the United States, regardless of the source of acquisition. Care should be taken to adequately describe the exact finished size of the item as well as the number of copies required.
A good checklist for most items is to insure that all applicable specifications outlined on VA Form 3-7700, Request for Reproduction Services, or SF 1, Printing and Binding Requisition, are included. Also consult Printing and Binding Price Schedule Numbers 2 and 8. Normally, overruns not to exceed 10 percent of the amount ordered will constitute an acceptable delivery and the excess or deficiency will be charged or credited proportionately. All requisitions submitted on SF 1 must also include complete billing instructions.
b. When procuring items and services set forth in appendix A from GPO Regional Printing Procurement Offices, SF 1, Printing and Binding Requisition, will be used. The facility Publication Control Officer will prepare the SF 1 and forward it to the Chief, Acquisition and Materiél Management Service, with a covering VAF 90-2237, Request, Turn-in, and Receipt for Property or Services. The addresses of the GPO Regional Printing Procurement Offices are published in the Printing and Binding Schedule No. 8.
§808.870-4 Procurement of items and services not described in appendix A.
a. Items and services not described in appendix A of this subpart, or which may be questionable as to whether or not they are "printing," or which may be required in less time than normally experienced in securing them from the sources indicated, will not be procured without prior approval of the Director, Publications Service, and will be forwarded by the head of the contracting activity to the appropriate Central Office department or staff office Publications Control Officer for review and recommendation. Each submission will contain:
1. Actual date item or service is required by the station.
3. Samples of items and specific description of services required, together with any additional specifications that may be necessary. (See §808.870-3.)
b. The department or staff office Publications Control Officer will review the submission, attach his/her recommendation, and forward the request to the Director, Publications Service (97).
c. Based upon cost and time factors, and the recommendation of the department or staff office Publications Control Officer, the Director, Publications Service, will determine whether production or procurement will be effected by Publications Service, or whether the request will be returned to the station for local procurement from the source indicated