PART 801 - VETERANS AFFAIRS ACQUISITION REGULATION SYSTEM
PART 801: VETERANS AFFAIRS ACQUISITION REGULATION SYSTEM
TABLE OF CONTENTS
Sec. |
|
Scope of part. |
SUBPART 801.1-PURPOSE, AUTHORITY, ISSUANCE
Purpose | |
Authority | |
Applicability | |
Exclusions | |
Issuance | |
Publication and code arrangement. |
SUBPART 801.3-DEPARTMENT ACQUISITION REGULATIONS
Policy | |
Paperwork Reduction Act requirements. | |
Publication and codification. | |
Department control and compliance procedures. |
SUBPART 801.4-DEVIATIONS FROM THE FAR OR VAAR
Individual Deviations | |
Class Deviations |
SUBPART 801.6-CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES.
General. | |
Contracting officers. | |
Responsibilities | |
Ratification of unauthorized commitments. | |
Legal/technical review requirements to be met prior to contract execution. | |
Processing contracts for legal/technical review. | |
Documents to be submitted for legal review. | |
Certification by reviewing official. | |
Results of General Counsel's legal review. | |
Other requirements. | |
Selection, appointment, and termination of appointment. | |
General. | |
Representatives of contracting officers. | |
Representatives of contracting officers; receipt of equipment, supplies and nonpersonal services. | |
Special and limited delegation. | |
Issue of Government bills of lading-transportation of remains of deceased beneficiaries. | |
Issue of Government bills of lading-transportation of property. | |
Medical, dental, and ancillary service. | |
National Cemetery System. | |
Letters of Agreement | |
Contracting authority of the Inspector General. | |
VA Contracting Officer Certification Program. | |
Definitions. | |
General. | |
Responsibility for administration of Contracting Officer Certification Program (COCP). | |
Selection. | |
Appointment. | |
Termination. | |
Interim appointment provisions. | |
Distribution of SF 1402, Certificate of Appointment. | |
Post appointment maintenance of certifications. |
PART 801 - VETERANS AFFAIRS ACQUISITION REGULATION SYSTEM
This part prescribes general policies and background regarding the Veterans Affairs Acquisition Regulation (VAAR). It includes information regarding the maintenance and administration of the VAAR and includes procedures for deviations from the VAAR and the Federal Acquisition Regulation (FAR).
SUBPART 801.1 - PURPOSE, AUTHORITY, ISSUANCE
(a) This subpart establishes Chapter 8, Veterans Affairs Acquisition Regulation, of Title 48--Federal Acquisition Regulation System, Code of Federal Regulations.
(b) The VAAR must be utilized in conjunction with the FAR. The VAAR cannot be utilized by itself.
The VAAR and any amendments thereto are issued by the Secretary of Veterans Affairs as provided by 38 U.S.C. 501 and the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 486(c)).
(a) The FAR and VAAR apply to all acquisitions of the Department (including construction) made with appropriated funds and procurements made with Supply Fund monies (39 U.S.C. 8121).
(b) The FAR and VAAR will apply to the special procurement programs authorized by Title 38, United States Code (viz., Veterans Canteen Service and the Loan Guaranty programs) to the extent indicated in the VAAR.
The FAR and VAAR will not apply to purchases and contracts which utilize General Post Funds when such regulations would infringe upon a donors prerogative to specify the exact item to be purchased and/or the source of supply.
801.105-1 Publication and code arrangement.
(a) Each head of a contracting activity will assure that the activity is on the distribution list to receive the Federal Register.
(b) Chapter 8 will be issued in looseleaf form for use by employees of VA. Material which is not codified and therefore does not appear in the Federal Register will be preceded and followed by a series of three colons in the looseleaf edition. Looseleaf changes to Chapter 8 will be amended by serially numbered transmittal sheet which will transmit and summarize new or revised mateial. Material added or changed will be identified by marginal lines.
SUBPART 801.3 DEPARTMENT OF VETERANS AFFAIRS ACQUISITION REGULATIONS
(a) VAAR, amendments and interim changes thereto will be issued by the Secretary of Veterans Affairs after necessary reviews by cognizant VA officials.
(b) Implementing procedures, instructions and guidelines necessary to implement the VAAR and the FAR may be issued by the heads of contracting activities. Such issuances may include delegations of authority, review and approval for acquisition action up to the dollar level delegated to that contracting activity by this regulation as well as providing procedural guidance for users. Such issuances will be the minimum necessary to provide a logical implementation of FAR and VAAR requirements and will be internal to the facility, i.e., it will not specify reporting/recordkeeping requirements for the public (see 801.301-70(b)).
801.301-70 Paperwork Reduction Act requirements.
(a) It is the policy of the Government to keep to the minimum the amount of recordkeeping and reporting required of the public. The objective applies to the VAAR acquisition system.
(b) Contractors will not be requested to maintain systems of records unless prescribed in FAR or VAAR.
(1) A deviation to the prohibition may be processed in accordance with 801.403 in order to allow the contracting officer to require contractor reporting or recordkeeping beyond that prescribed in the FAR and VAAR. The request for deviation will clearly specify what information or recordkeeping will be required and why it is required. The request will be signed by the head of the contracting activity.
(2) The Deputy Assistant Secretary for Acquisition and Materiél Management (95) will review the request and upon concurrence will likewise submit the request to Office of Management and Budget (OMB) for approval as prescribed by the Paperwork Reduction Act of 1980. If approved, the Deputy Assistant Secretary for Acquisition and Materiél Management will send the approval back to the requester with the OMB clearance number.
(c) In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-511), the reporting or recordkeeping provisions that are included in this VAAR have been approved by OMB and have been given the following approval numbers:
Current OMB | |
809.504(d) |
2900-0418 |
819.7003 |
2900-0445 |
836.606-71 |
2900-0422 |
852.207-70 |
2900-0590 |
852.211-70 |
2900-0587 |
852.211-74 |
2900-0588 |
852.211-75 |
2900-0586 |
852.211-77 |
2900-0585 |
852.214-70 |
2900-0593 |
852.219-70 |
2900-0584 |
852.236-72 |
2900-0422 |
852.236-79 |
2900-0422 |
852.236-80 (Alt. I) |
2900-0422 |
852.236-82 through 852.236-85 |
2900-0422 |
852.236-88 |
2900-0422 |
852.236-89 |
2900-0622 |
852.236-91 |
2900-0623 |
852.237-7 |
2900-0590 |
852.237-71 |
2900-0590 |
852.270-03 |
2900-0589 |
871.201-2 |
2900-0416 |
801.303 Publication and codification.
The VAAR is codified as Chapter 8 of Title 48, Code of Federal Regulations. Codified changes to the VAAR will be published in the Federal Register. The Deputy Assistant Secretary for Acquisition and Materiél Management (95) arranges distribution of the issues to VA contracting activities and the Office of Acquisition and Materiél Management should be notified of changes to the distribution list.
801.304 Department control and compliance procedures.
Office of Acquisition and Materiél Management is responsible for ensuring that the VAAR and amendments thereto are developed as prescribed by the FAR.
SUBPART 801.4 - DEVIATIONS FROM THE FAR OR VAAR
801.403 Individual deviations.
(a) When contracting officers consider it necessary to deviate from the policies set forth in the FAR or VAAR, a request for authority to do so will be submitted to the Deputy Assistant Secretary for Acquisition and Materiél Management (95). The request will clearly set forth the circumstances warranting the deviation and the nature of the deviation.
(b) When a deviation in an individual case is authorized by the Deputy Assistant Secretary for Acquisition and Materiél Management, the authorization will be filed in the purchase or contract file, whichever is appropriate.
The Deputy Assistant Secretary for Acquisition and Materiél Management is responsible for determining the need for class deviations. If determined necessary, the Deputy Assistant Secretary for Acquisition and Materiél Management will request deviation authority from the Deputy Secretary through the Senior Procurement Executive as well as complying with the provisions in FAR 1.404.
SUBPART 801.6 - CAREER DEVELOPMENT, CONTRACTING AUTHORITY, AND RESPONSIBILITIES.
(a) This subpart establishes general contracting officer authority and responsibility. However, other provisions in both the FAR and the VAAR contain some contracting officer limitations and it is incumbent upon each contracting officer to be aware of those limitations.
(b) Personnel, other than those designated in 801.602, may determine quality, quantity and delivery requirements for items or services to be purchased. However, under no circumstances will individuals who have not been delegated contracting authority commit the Government for purchases of supplies, equipment or services. Individuals making such commitments may be held financially liable for the amount of the obligation.
(a) Except as otherwise provided by law, VA regulations, VAAR and FAR, the authority vested in the Secretary to do the following is delegated to the Senior Procurement Executive and is further delegated to the Procurement Executive:
(1) Execute, award, and administer contracts, purchase orders, and other agreements (including interagency agreements) for the expenditure of funds involved in the acquisition of personal property, services (including architect-engineer services), construction, issuing Government bills of lading, and for the sale of personal property, leases, sales agreements and other transactions;
(2) Prescribe and publish acquisition policies and procedures;
(3) Establish clear lines of contracting authority;
(4) Manage and enhance career development of the procurement work force;
(5) Examine, in coordination with the Office of Federal Procurement Policy, the procurement system to determine specific areas where Governmentwide performance standards should be established and applied, and to participate in the development of Governmentwide procurement policies, regulations and standards; and,
(b) Further delegation to execute, award, and administer contracts, purchase orders and other agreements will be made in accordance with the Contracting Officer Certification Program as prescribed in (VAAR) 48 CFR 801.670 and 801.690.
(a) In the administration of a contract, many problems can and do arise that make the advice and assistance of the General Counsel either desirable or necessary. The final decision as to the action to be taken, however, must be made by the contracting officer in each instance. To reduce to the absolute minimum the possibility of litigation resulting from his/her decision, the contracting officer shall, except as provided in paragraph (c) of this section, submit the problem through channels in sufficient detail to the General Counsel for advice or assistance.
(b) While legal review and concurrence of the General Counsel is required prior to a default termination, in some cases where a quick response is necessary, this review can be expedited by express mailing or telefaxing the default letter and related documents which are required to make an evaluation directly to General Counsel (025). The default termination letter should contain, at a minimum, the following:
(1) The proposed termination (FAR 49.102);
(2) An explanation of what necessitated the default, including the reasons why the contracting officer considers the contractor to be in default;
(3) A statement that the factors set forth in FAR 49.402-3(f) have been full considered; and
(4) Final decision language and appeal rights. See VAAR 833.211 and FAR 33.211(a)(4).
(c) Contracts containing a mutual termination clause may be terminated without reference to the General Counsel.
801.602-3 Ratification of unauthorized commitments. See approved deviation dated April 8, 1998
(a) Contracting officers shall not ratify contractual commitments made by other VA personnel without prior approval as prescribed below. Such unauthorized commitments include commitments made by other contracting officers which exceed their respective contracting authority as well as unauthorized commitments made by individuals lacking contracting authority.
(1) At field stations, for supplies, services and construction, the approving authority is the Director of the field facility concerned.
(2) For Central Office contracting officers, for supplies, and services and construction, the approving authorities are the heads of the administrations and directors of the staff offices concerned, and the Deputy Assistant Secretary for Acquisition and Materiél Management.
(3) For acquisitions of leasehold interest in real property the approving authority is:
(i) The Chief Facilities Management Officer, Office of Facilities Management, for 1-5,000 square feet, and for 1-100 parking spaces costing less than $50,000 per annum.
(ii) The Assistant Secretary for Management for 5,001-20,000 square feed, and for parking spaces exceeding 100 which cost less than $100,000 per annum.
(iii) The Deputy Secretary for 20,001 square feet and above, and for parking spaces exceeding 100 which cost more than $100,000 per annum.
(b) Requests received by contracting officers for ratification of commitments made by personnel lacking contracting authority shall be processed as follows:
(1) The individual who made the unauthorized contractual commitment shall furnish the contracting officer all records and documents concerning the commitment and a complete written statement of facts, including, but not limited to, a statement as to why the procurement office was not utilized, why the proposed contractor was selected and a list of other sources considered, description of work to be performed or products to be furnished, estimated or agreed contract price, citation of appropriation available, and a statement of whether the contractor has commenced performance.
(2) The contracting officer will review the file and forward it to the approving authority specified in paragraph (a) of this section with any comments or information which should be considered in evaluation of the request for ratification. If legal review is desirable, the approving authority will coordinate the request for ratification with the Office of General Counsel or the District Counsel, as appropriate.
(3) If ratification is authorized, the file will be returned to the contracting officer for issuance of a purchase order or contract, as appropriate.
(c) In the case of otherwise proper contract awards made by contracting officers in excess of the limits of their delegated authority, the need for ratification will be brought to the attention of the head of the contracting activity. That individual will take such action as may be indicated to preclude future instances of such awards.
801.602-70 Legal/technical review requirements to be met prior to contract execution. See approved deviation dated February 27, 1995
(a) The following categories of proposed contracts and agreements will be reviewed and concurred in by the Office of Acquisition and Materiél Management prior to contract execution. (Additionally, the Office of Acquisition and Materiél Management may, when considered necessary, request preaward technical review regardless of dollar value). Office of General Counsel legal reviews of such proposed contracts and agreements will be performed when requested and determined necessary by the Office of Acquisition and Materiél Management. (Excluded from this requirement is the National Acquisition Center which will perform its own technical reviews at the thresholds herein prescribed. The National Acquisition Center will receive preaward legal review of solicitation from the General Counsel staff located in Hines, Illinois).
(1) All negotiated and sealed bid contracts (except as specified in (a)(2) and (a)(3)) exceeding $250,000 in either appropriated or nonappropriated funds. This includes indefinite quantity contracts when expenditures of $250,000 or more can reasonably be expected and multiyear contracts in which $250,000 or more will be expended over the life of the contract. (Note also that multiyear contracts also require review any time the cancellation ceiling exceeds 20 percent of the contract amount (see 817.1)).
(2) All fixed price, sealed bid construction contracts involving $500,000 or more in either appropriated or unappropriated funds.
(3) All 8(a)contracts exceeding $500,000.
(4) All proposed agreements and contracts coming within the purview of one of more of the following:
(ii) Utility service agreements involving $50,000 or more.
(iii) Contracts for consulting services (see Subpart 837.2) and management and professional services (see 837.271).
(iv) Contracts for research or research and development involving $50,000 or more.
(v) Automatic data processing equipment, when purchased from other than a Federal Supply Schedule contract, involving $50,000 or more.
(vi) Competitive contracts exceeding $1.5 million and noncompetitive contracts exceeding $500,000 for the acquisition of scarce medical specialist services acquired under the authority of 38 U.S.C. 7409.
(vii) Competitive contracts exceeding $1.5 million and noncompetitive contracts exceeding $500,000 for the acquisition of health-care resources acquired under the authority of 38 U.S.C. 8151-8153.
(viii) Agreements with other Federal agencies regardless of dollar value. Those agreements of $5,000 or more will be forwarded to General Counsel for legal review. VA/DoD Sharing Agreements executed under the authority of Public Law 97-174 (38 U.S.C. 8111) and sections 201-206 of Public Law 102-585 are exempt from review by the Office of Acquisition and Materiél Management; however, they must be approved in accordance with VA Manual M-1, Part I, Chapter 1, Section IX.
(ix) Contracts for ADP software exceeding $10,000.
(x) ADP software licensing agreements for ADP software exceeding $10,000 (all software licensing agreements require technical review).
(5) All proposed letter contracts and ensuing formal contracts involving expenditures of $5,000 or more
(6) Any proposed agreement that is unique, novel, or unusual (including all consignment agreements, regardless of anticipated dollar value--except those established and provided in Federal Supply Schedule Contracts).
(7) Step One of two-step sealed bid procurements when the anticipated value is more than $200,000.
(b) The following categories of proposed contractual actions require the concurrence of General Counsel:
(1) Contract modifications, terminations (including final decision (cure) letters), disputes and claims in excess of $25,000 ($50,000 for contracts awarded by the Office of Facilities Management). See approved deviation dated March 8, 1994
(2) Contract modifications granting a time extension of more than 20 days. If after assessment of an individual facility, it is determined that appropriate "consideration" is obtained for time extensions and the extensions are otherwise appropriately granted, the requirement for preapproval may be waived. See approved deviation dated March 8, 1994
(4) Proposed awards to other than the low evaluated bidder/offer.
(c) In addition to the requirements of paragraphs (a) and (b) of this section, the following require review and concurrence of the General Counsel:
(1) Changes or revisions to all contract clauses.
(2) Changes or revisions to prescribed VA contract forms.
(Process in accordance with VA Manual MP-1, part II, chapter 4, and departmental supplements thereto.)
(d) Utility construction and connection contracts which are developed in the Office of Facilities Management and cost $50,000 or more will be reviewed by General Counsel and the Chief Facilities Management Officer, Office of Facilities Management.
(e) When legal assistance is requested by any Central Office contracting activity, the contracting officer will brief the General Counsel regarding to the facts and points of issue to facilitate prompt resolution.
(f) With regard to solicitations and contracts awarded and administered by the Central Office contracting activities, the General Counsel will be requested to participate in conferences where it is expected that legal problems or contract provisions will be considered, and in meetings attended by legal representatives of private parties or other Government agencies. Assigned procurement counsel will be requested to participate in the drafting of correspondence involving controversial or sensitive contractual matters of a significant nature.
(g) All protests against award will be reviewed by the General Counsel in accordance with the provisions specified in 48 CFR 833.103.
(h) Excluded from these legal review requirements are:
(1) Agreements, licenses, easements, or deeds dealing with management, sale, or lease of properties acquired by VA as a result of liquidation of guaranteed, direct, acquired or vendor loans.
(2) Orders or contracts for procurement of leased telecommunications systems, installation of and changes to telephone PBX systems at individual VA locations or orders issued under GSA area wide contracts with the American Telephone and Telegraph Company and local telephone companies.
(i) If a change order (unilateral agreement) is essential for the logical process of the contract, the Office of Acquisition and Materiél Management (95B) shall be called prior to issuing the document. (This requirement does not apply to change orders issued by the Office of Facilities Management.)
(j) The following apparent low responsive and responsible bids/offers with the respective solicitations will be submitted for the review of the Deputy Assistant Secretary for Acquisition and Materiél Management (95B) prior to award:
(1) Negotiated contract actions in the Office of Facilities Management which exceed $2 million.
(2) Bids/offers for construction contracts to be awarded by VHA facilities which exceed $5 million.
(3) Bids/offers for service contracts, including A/E, which exceed $2 million, and
(4) Bids/offers for supply contracts which exceed $5 million in total evaluated cost, (excluding FSS contracts awarded by VA National Acquisition Center).
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, VA Supply Depots.
(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 Materiél Management Acquisition Review Division. The Deputy Assistant Secretary for Acquisition and Materiél 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 (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 Materiél Management Program Development and Evaluation Division. The Deputy Assistant Secretary for Acquisition and Materiél Management will review the submissions and forward them directly to the General Counsel (025).
(4) Proposed facility-level modification specified in 801.602-70(b) will be forwarded by the contracting officer to General Counsel (025), through the Deputy Assistant Secretary for Acquisition and Materiél Management (95B).
(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 Materiél Management. The Deputy Assistant Secretary for Acquisition and Materiél 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 Materiél Management. If concurred in, the Deputy Assistant Secretary for Acquisition and Materiél Management, will forward them directly to the General Counsel.
(c) Veterans Benefits Administration field facilities.
(1) All proposed State reimbursement contract 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 Deputy 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 Materiél Management. (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 Materiél Management. All other Office of Facilities Management contract actions identified in 801.602-70 will be submitted 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 Materiél Management, with a cover letter identifying:
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 (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 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 a SF 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 back-up 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 officers technical representative (COTRs) 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 COTRs independent cost evaluation.
(iii) The A/Es 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.
(4) Price negotiations memorandum, if applicable.
(5) Justification and approval (see FAR 6.303), if applicable.
(6) Documents relevant to determination of contractors responsibility.
801.602-73 Certification by reviewing official.
In submitting proposed agreements or contracts received from field stations to the General Counsel, the Central Office reviewing officials will state on the transmittal memorandum or within the field that the proposal conforms to the FAR and VAAR to the best of their knowledge.
801.602-74 Results of General Counsels legal review.
(a) Upon completion of the review, the General Counsel will advise the appropriate Central Office activity or contracting officer as to whether the proposal was approved as submitted or provide them with the recommended changes. The appropriate Central Office activity will advise the contracting officer as to whether:
(1) the submission was approved as is; or
(2) provide a copy of the changes required. Where changes are required, the contracting officer will take immediate action to amend the solicitation document.
(b) The General Counsel's review will be completed as expeditiously as possible, with due regard to those procurement actions where circumstances dictate an unusually short period for completing procurement action.
801.602-75 Other requirements.
In addition to the legal and technical reviews required by this 801.602, certain proposed non-competitive contracts require the approval of the Secretary. Those requirements are set forth in subpart 837.2, 806.302-3 and 806.302-7.
801.603 Selection, appointment, and termination of appointment.
The policy and procedures for the selection, appointment, and termination of appointment of contracting officers are established in VAAR 801.690, The Contracting Officer Certification Program, and as otherwise provided in VAAR 801.670 and its subsections.
801.603-70 Representatives of contracting officers.
(a) In carrying out the responsibilities of FAR 1.602-2, the contracting officer may designate another Government contracting officer, or other Government employees, or another contractor:
(1) To furnish technical guidance and advice or generally supervise the work performed under the contract. Such designations will be in writing and will define the scope and limitation of the representatives authority; and, will be addressed to the designee with a copy to be forwarded to the contractor except as indicated in 801.603-71. Representatives will not be authorized to make any commitments or changes which will affect the price, quantity, quality or delivery terms. (All changes to a contract must be authorized by a contracting officer acting within the scope of his/her authority.)
(2) To take actions authorized in the contract, such as issue delivery orders, reject unsatisfactory items, order replacement of such items (materials or services) and, when necessary, declare contractor in default on specific delivery orders. Except for blood, this authority will be delegated only to other Government contracting officers under centralized indefinite delivery type contracts and the contract will so state. Centralized contracts for blood will provide that contracting officers at ordering offices are authorized to designate representatives and alternate representatives to place delivery orders subject to the same restrictions stated in paragraph (a)(3) of this section.
(3) To place oral or other informal delivery orders for items such as, but not limited to, bread, milk, and blood against local indefinite delivery type contracts on which blanket purchase arrangements have been established and funds have been obligated. The designation of representatives and alternates will be in writing and will define scope and limitations of the representatives authority, and will be addressed to the employee(s) with a copy to the contractor. Such designations will be made only by the prime contracting officer and are not redelegable.
(b) In the administration of research and development contracts, any representative appointed pursuant to this section must be acceptable both to the contracting officer and the administration head or staff office director concerned. When it is necessary to designate a representative under this paragraph (b), the clause in 852.270-1 will be observed.
801.603-71 Representatives of contracting officers; receipt of equipment, supplies, and nonpersonal services.
(a) Except as provided in paragraphs (b), (c) and (d) of this section, any contracting officer may, without prior notification to the contractor or vendor, designate the Chief, Storage and Distribution Section, or other competent personnel, to represent him/her in receiving and inspecting supplies, equipment and services at his/her facility. Duties such as, but not limited to, the following will be performed by these designees:
(1) The inspection and certification as to compliance with the quality and quantity requirements of the purchase order or contract; and
(2) Inspection of supplies and equipment for condition and quantity and the acceptance of supplies, equipment, and services, based on quality inspection made by other authorized representatives.
(b) The Director, Library Services, VA Central Office, and the Chief, Library Service, at a field facility are designated the representatives of the contracting officer to receive, inspect and accept library books, newspapers, and periodicals. Purchase documents will specify that delivery will be made direct to the library.
801.670 Special and limited delegation.
The authority vested in the Secretary to execute, award and administer contracts, purchase orders and other agreements for the expenditure of funds involved in the acquisition of the specific services set forth in this 801.670 and its subsections, is hereby delegated to the Senior Procurement Executive for further delegation to those employees appointed or designated to the positions specified in these subsections.
801.670-1 Issue of Government bills of lading--transportation of remains of remains of deceased beneficiaries.
The Chief, Medical Administration Service (MAS), or the person designated by the medical center director to perform MAS functions, at a Department of Veterans Affairs medical center, is delegated authority to issue and to sign as "Issuing Officer," Government bills of lading for the shipment of the remains of beneficiaries expiring in a VA medical center.
801.670-2 Issue of Government bills of lading--transportation of property.
(a) Authority to issue and sign Government bills of lading for the transportation of supplies, material, and equipment is delegated to the following:
(1) Chief, Warehouse Section, VA forms and Publications Depot.
(2) Traffic Manager, Office of Acquisition and Materiél Management, Central Office.
(b) The employees named in paragraph (a) of this section may designate one or more of their subordinates as a contracting officer; and, authority is hereby delegated to such subordinates to issue and sign Government bills of lading for the transportation of supplies, material, and equipment. Designations will be in writing and specifically set forth the scope and limitation of the designees authority.
801.670-3 Medical, dental, and ancillary service.
(a) The Chief of Staff, the physician assigned the responsibility for the ambulatory care function, and Chief, Medical Administration Service (MAS), or person designated by the medical center director to perform MAS functions, at a Department of Veterans Affairs facility are delegated authority to execute authorizations for medical, dental, and ancillary services under $10,000 per authorization when such services are not available from existing contracts or agreements. Forms specified in part 853 of this chapter will be used for this purpose and when ordering such services from existing contracts.
(b) The contracting officers named in paragraph (a) of this section may designate one or more of their subordinates to execute the forms for purposes stated in paragraph (a) of this section. Designations will be in writing and will specifically set forth the scope and limitations of the designees authority.
801.670-4 National Cemetery System.
Authority for the National Cemetery System to procure supplies, equipment and nonpersonal services is delegated as follows:
(a) Authority to issue and sign Government bills of lading for the transportation of headstones and markers is further delegated to:
(b) Authority to procure, in emergency situations when the servicing supply organization cannot be utilized, and in accordance with the provisions of FAR part 13, supplies, equipment, and nonpersonal services (including construction) required for the operation of national cemeteries is delegated to:
(1) Director, National Cemetery System and Director, Office of Field Operations, National Cemetery System.
(c) Authority to procure items and nonpersonal services up to $300 per transaction for the operation of national cemeteries is delegated to the Director of each national cemetery. The authority is to be used only in emergency situations when the servicing supply organization cannot be utilized, and the method of purchase is limited to the use of SF44, Purchase Order--Invoice--Voucher (FAR 13.306).
801.670-5 Letters of agreement.
(a) Authority to execute, award, and administer letters of agreement (subject to the limitation prescribed in 837.2) is delegated to the following:
(2) Deputy Assistant Secretary for Human Resources Management.
(3) Under Secretary for Health.
(4) Under Secretary for Benefits.
(5) Under Secretary for Memorial Affairs.
(6) Deputy Assistant Secretary for Acquisition and Materiél Management.
(8) Directors, Regional Medical Education Centers (limited to obtaining instructors and training pursuant to section 7471 of Title 38, United States Code).
(9) Directors, Domiciliary and Medical Centers, and Research and Development Service Directors authorized to sign for the Chief Research and Development Officer (limited to obtaining peer review of research (see 837.2)).
(b) The contracting officers named in paragraph (a)(1) through (7) of this section may designate one or more subordinates, and authority to execute letters of agreement is hereby delegated to such subordinates. Such subordinates will be no more than one organizational level below the contracting officers designated in paragraph (a) of this section, except that the Under Secretary of Health may designate the Veterans Integrated Service Network Directors. All such designations will be in writing, will specifically state the scope and limitations of the designees contractual authority, and will also specifically prohibit further delegation by the designees. Copies of the delegation will be submitted to the Office of Acquisition and Materiél Management, Acquisition Administration Team.
(c) Copies of all letters of agreement issued by the designees identified in paragraphs (a) and (b) of this section will be forwarded to the servicing contracting activity in order that the procurement action may be entered into the Federal Procurement Data System.
801.680 Contracting authority of the Inspector General.
(a) As provided by section 6(a) of Pub. L. 95-452 (October 12, 1978), the Inspector General is authorized to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the provisions of the Act, to the extent and in such amount as may be provided in advance by appropriations Acts.
(b) In exercising the special authority provided in paragraph (a) of this section, the Inspector General may request the assistance of the servicing Acquisition and Materiél Management Supply Service in developing appropriate contract or agreement documents.
(c) If, in the opinion of the Inspector General, a reason to exercise the special authority does not exist, the services required by the Inspector General shall be obtained by the servicing Acquisition and Materiél Service or local purchase and contract activity in accordance with the provisions of FAR and VAAR.
(d) Contracts entered into under the authority of paragraph (a) of this section are subject to the provisions of the Federal Acquisition Regulation. In addition, such contracts are subject to those provisions of VAAR which implement and supplement the FAR on matters other than those stemming from or related to delegations of the Secretary's contracting authority (e.g., management controls and approvals specified in subpart 837.2 will not apply to contract actions under the contract authority of the Inspector General).
801.690 VA Contracting Officer Certification Program. See approved deviation dated August 2, 1995
The policy and procedures for the VA-wide Contracting Officer Certification Program (COCP) are established in this section and subsections.
(a) "Head of the Contracting Activity (HCA)" means an individual who has overall responsibility for managing the procurement program assigned to the activity. HCA designations are prescribed in VAAR 802.100. The HCA has the authority to appoint contracting officers with authority to conduct procurements of up to and including $25,000 or the maximum order limitation for orders placed against established contracts, and terminate such appointments.
(b) "Recommending Official" means an individual who is authorized by VAAR 801.690 and its subsections to recommend to a designating official that an individual be appointed as a contracting officer.
(c) "Designating Official" means an individual who is authorized to appoint and terminate contracting officers.
(d) "Contracting Officer Certification Board" (COCB) means the group of Department officials, listed in VAAR 801.690-3(c), that evaluates and recommends to the designating official individuals as contracting officers at the Intermediate and Senior Levels of authority, which levels are described in VAAR 801.690-2(c).
(e) "Contracting Officer Certification Program" (COCP) means a program designated by Department management for the selection, appointment, and termination of appointment of contracting officers. Training, experience, education, performance, and conduct are the objective criteria reviewed prior to appointment as contracting officer.
(f) "Qualifications" means an employee's record of training, experience, performance, and conduct which are reviewed prior to designation as contracting officer. These "qualifications" are not identical, supplemental, or related to the position qualification requirements published by the Office of Personnel management in Handbook X-118.
(g) "Appointment" means the delegation of authority to any employee to enter into, administer or terminate contracts, and make related determinations and findings. Appointment provisions are identified in 801.690-5.
(h) "Certification" means an evaluation that the candidate has the experience, education and training to perform properly the duties of a contracting officer.
(i) "Selection" means that an employee has been appointed or certified as a contracting officer. The "selection" process is not identical, supplemental or related to any process whereby an employee is placed into a position by any competitive action (merit promotion) or noncompetitive action (reassignment, reinstatement). Selection provisions are identified in 801.690-4.
(j) "Termination" means the revocation of contracting authority of a contracting officer by the designating official. Termination provisions are identified in 801.690-6.
(k) "Acquisition Training Program" (ATP) means a program designed to provide contracting officers with classroom knowledge to further develop their acquisition skills.
(a) The VA COCP applies to all programs of VA except for those contracting officers appointed pursuant to the Inspector General Act (Pub L. 95-452).
(b) A certification of appointment is not required for contracting officers designated in 801.670 who exercise special and limited delegations of authority.
801.690-3 Responsibility for Administration of Contracting Officer Certification Program (COCP)
(a) The Deputy Assistant Secretary for Acquisition and Materiél Management (A&MM). The Deputy Assistant Secretary is responsible for:
(1) Administering the COCP to ensure that the certification board evaluates, recommends acceptance, rejection, or termination of applicants at the Senior and Intermediate Levels according to the requirements of the COCP.
(2) Developing additional training and the level of certification as required by the COCP.
(3) Serving as the designating official, and in that capacity appoints or terminates contracting officers at the Senior and Intermediate Levels of authority.
(b) Heads of Contracting Activities (HCA). The HCA is responsible for:
(1) Implementing and maintaining an effective and efficient program for the procurement of personal property and nonpersonal services assigned to the activity.
(2) Establishing adequate controls to ensure compliance with applicable laws and regulations.
(3) Appointing or terminating appointments of contracting officers at the Basic Level within their activity. Each HCA will establish procedures for the appointment or termination of appointment of contracting officers at the Basic Level to include maintenance of records on individual training and experience, as well as appointment and termination actions.
(4) Recommending to the designating official the appointment or termination of appointment of contracting officers at the Intermediate and Senior Levels of authority based on candidate qualifications, as well as a valid organizational need.
(c) Contracting Officer Certification Board (COCB). The COCB may receive, evaluate, and recommend to the designating official, candidates for contacting officer positions at the Intermediate and Senior Levels. The board will be chaired by the Associate Deputy Assistant Secretary for Acquisitions, and membership will consist of:
(1) Chief Administrative Officer (VHA),
(2) Deputy Facilities Management Officer,
(3) Acquisition Training Officer, and
(4) Additional members to be selected on an ad hoc basis depending on the organizational need for certified contracting officers.
(d) Acquisition Training Officer (ATO). The ATO in the Office of Acquisition and Materiél Management (OA&MM) will serve as the Executive Secretary to the COCB. The ATO will coordinate all requests for certification with the COCB. Upon the decision by the Deputy Assistant Secretary for A&MM, the ATO will respond to the HCA with a copy of the appropriate action. In addition, the ATO will maintain records on the development and administration of the COCP as well as the records on individual training, certification and termination actions at the Intermediate and Senior Contracting Officer Levels. The ATO will identify all records created and maintained and ensure they are scheduled for disposal by the A&MM Records Officer.
(a) Contracting officers (COs) shall be appointed only in those instances where a valid organizational need for certified personnel can be demonstrated. Such factors to be considered in making these assessments include complexity of work, volume of actions and organizational structure.
(b) Requests for appointment of COs will be made in writing. Request for appointments at the Senior and Intermediate Level will be signed by the HCA and forwarded to the ATO (90) for processing. The request for appointment will include at a minimum a justification of need, and a qualification statement for the candidate. Requests for appointment of HCAs as COs will be made at one level above the head of the contracting activity.
(c) The COCB and HCAs (limited to Basic Level) will evaluate candidates for CO certifications based on training, experience, and performance, and consideration of academic education, in addition to meeting standards of ethical conduct and avoiding conflicts of interest. Minimum qualifications of COs are based on a combination of training, experience, and performance with consideration of relevant academic credit or degrees earned. The following minimum requirements are established for designation of COs:
(i) Training--Forty hours of basic acquisition or small purchase training that can be accomplished on the job in formalized courses of instruction. If on-the-job training is conducted, it must be documented for the record and include a brief description of the duties and responsibilities that comprised that training.
(ii) Experience--Six months of progressive work assignments and orientation within the last 5 years.
(A) ATP Level I--Fundamentals of Acquisition.
(B) ATP Level II--Advanced Contract Administration.
(C) ATP Level III--Cost and Price Analysis.
ATP courses may include tests or other assessments to indicate what information has been learned by the student. An assessment will then be made to determine if additional formal or on-the-the training is needed.
(ii) Experience--Two years of progressive work assignments in an acquisition related field leading to broader technical ability within the last five years.
(A) ATP Level I--Fundamentals of Acquisition.
(B) ATP Level II--Advanced Contract Administration.
(C) ATP Level III--Cost and Price Analysis.
(D) ATP Level IV--Contract Negotiation.
ATP courses may include tests or other assessments to indicate what information has been learned by the student. An assessment will then be made to determine if additional formal or on-the-job training is needed.
(ii) Experience--Three years of progressive assignments in an acquisition related field within the last five years and demonstrated broad technical ability to acquisition.
(d) Other training courses may be substituted for the prescribed core curriculum provided that the training meets equivalent content and difficulty per course. Recommending officials must fully document and justify equivalent courses when recommending candidates for appointment as COs. The COCB will review and determine if equivalent courses may be appropriately substituted. HCAs are responsible for providing their subordinates with advice and assistance necessary to complete required training.
(e) Candidates who achieve additional academic credit beyond the desired education level may be eligible to receive credit toward experience for this additional academic credit. Substitutions of this nature must be fully justified and documented by the recommending official and forwarded to the COCB for evaluation and appropriate action. Candidates will receive a maximum credit of 1 year of experience when substitutions are approved for the Intermediate and Senior Levels. A maximum credit of 6 months may be approved by the HCA for the Basic Level.
(f) Candidates who do not meet the minimum qualifications established in this section, may be granted interim appointments in accordance with 801.690-7.
(g) The privacy Act of 1974 applies to the information collected during the selection and appointment of contracting officers.
(a) The recommending official may recommend candidates for appointment as contracting officers to the designating official. Only the Deputy Assistant Secretary for A&MM, or the HCA is authorized to sign the SF 1402, Certificate of Appointment.
(b) Specific limitations imposed upon the authority of CO shall be set forth in certificates of appointment or otherwise conveyed in writing to appoint COs.
(c) Appointment of COs at specific levels does not preclude imposition of administrative reviews, approvals, or other limitations for program management purposes.
(a) The designating official may revoke the appointment of a contracting officer at any time after evaluation of written recommendations by an HCA or other management officials based on:
(1) The fact that the need for the appointment no longer exists;
(2) Personnel actions such as resignation or retirement;
(3) Cause (Cause covers such areas as e.g., unsatisfactory performance, official misconduct pending criminal or administrative investigations, failure to meet training requirements.)
(b) Situations involving termination of contracting authority of contracting officers for cause should be discussed with the servicing Human Resource Service to determine impact, if any, on the employees continued employment.
801.690-7 Interim appointment provisions.
(a) Individuals who do not meet all minimum qualifications as described in 801.690-4, may be appointed on an interim basis to ensure availability or procurement support. Requests to the designating official for interim appointments shall include information on the candidates training, experience, performance, education, and justification for the interim appointment. All minimum training requirements shall be scheduled for individuals issued interim appointments and completed within a reasonable period of time. At least two required courses or equivalents will normally be completed each year after the date of appointment. Failure to complete minimum training requirements within the time frame may result in the loss of the interim appointment.
(b) If training requirements are met during the interim appointment period through the ATP, a permanent warrant may be issued by the designating official upon satisfactory completion of all the required courses. Where equivalent courses have been completed, appropriate documentation (copies of course certificates) must be submitted before a permanent warrant can be issued.
(c) Instances that may require the use of interim appointments may include, but are not limited to the following:
(d) Interim appointments shall normally not exceed a 2-year period.
801.690-8 Distribution of SF 1402, Certificate of Appointment.
(a) The original SF 1402, Certificate of Appointment, shall be provided to the appointed contracting officer and displayed at the contracting officers duty station.
(b) A copy of the certificate will be filed in the delegation of authority file and other copy will be furnished to the fiscal activity.
801.690-9 Post appointment maintenance of certifications.
Reserved
