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VAAR PART 807 - ACQUISITION PLANNING


PART 807 - ACQUISITION PLANNING


PART 807--ACQUISITION PLANNING

TABLE OF CONTENTS

SUBPART 807.1--ACQUISITION PLANS

§807.102

Policy

§807.103

Department head responsibilities.

§807.105

Contents of written acquisition plans.

§807.170

Cutoff dates and lead times.

§807.171

Contract action log.

§807.172

Fourth quarter and unplanned procurements.

§807.173

Funding.

SUBPART 807.3--CONTRACTOR VERSUS GOVERNMENT PERFORMANCE

§807.300

Scope of subpart.

§807.302

General.

§807.303

Determining availability of private commercial sources.

§807.303-70

Determining responsibility and intent.

§807.304

Procedures.

§807.304-70

Determining whether or not to consider COCO and/or GOCO contract options.

§807.304-71

Ensuring continuity of contract performance.

§807.304-73

Bid opening/receipt of proposals.

§807.304-74

Determination of responsibility.

§807.304-75

Bid acceptance.

§807.304-76

Contract effective date.

§807.304-77

Right of first refusal.

SUBPART 807.70--CONSOLIDATED PROCUREMENT

§807.7001

Policy.

§807.7001(a)

Definition.

§807.7002

Consolidated procurement plans.

PART 807 - ACQUISITION PLANNING

SUBPART 807.1 - ACQUISITION PLANS

§807.102 Policy.

In order to implement the Acquisition Planning requirements of FAR Subpart 7.1, each VA contracting activity will take the following actions:

§807.103   Department head responsibilities.

Each "head of the contracting activity" (§802.100) is designated as the "acquisition planner" and is responsible for acquisition planning as prescribed in FAR Subpart 7.1, as implemented and supplemented by this subpart.

§807.105   Contents of written acquisition plans.

§807.170   Cutoff dates and lead times.

§807.171   Contract action log.

A contract action log for all procurement categories identified in §807.102(a) will be established. The log will record the date of receipt of the procurement request; the date the solicitation was issued; the date of award; and the type of award (competitive or noncompetitive). Contracting activities are encouraged to consolidate documentation for both the contract action log and the applicable APP into a single accountable record. The contract action log will be applicable to the following:

§807.172   Fourth quarter and unplanned procurements.

§807.173   Funding.

Refer to Subpart §801.6 for required legal and technical reviews.

SUBPART 807.3 - CONTRACTOR VERSUS GOVERNMENT PERFORMANCE

§807.300   Scope of subpart.See approved deviation dated March 20, 1996

This subpart prescribes basic procedures and principles to be followed in performing the contracting aspect of the OMB Circular A-76 cost comparison process. Since the A-76 process requires a multidisciplinary effort, other VA organizational elements responsible for programs, such as personnel and fiscal, will be referred to in this subpart. However, specific procedures to be followed in those program areas will be separately issued by those offices.

§807.302   General.

Contracting officers should carefully consider whether various bonds and/or insurance should be required when developing the solicitation for A-76 competition. Many factors should be reviewed by the contracting officer, including the FAR, VAAR, OMB Circular, State and local requirements, industry standards, amount of VA property to be provided, location of the service and whether the activity is to be performed as Government-Owned Contractor-Operated (GOCO) or Contractor-Owned Contractor-Operated (COCO). The requirement for bonds and/or insurance may be protested as unduly restrictive of competition and as offering an unfair advantage to the Government in the cost comparison. It is therefore essential that VA requires bonds and insurance only when necessary and that a justification of their use and dollar amount be included in the contract file. The following guidance is therefore provided:

§807.303   Determining availability of private commercial sources.

§807.303-70   Determining responsibility and intent.

A determination that adequate sources are not available must be well documented. At a minimum, it will include verification of the synopsizing specified in §807.303(a) and the results thereof, documentation specified in paragraph (a) of this section, the results thereof, and efforts made to otherwise identify sources. The facility A-76 Task Group will notify and provide requisite support information to the cognizant VA Central Office administration head, Assistant Secretary, Deputy Assistant Secretary, or other key VA Central Office officials.

§807.304   Procedures.

§807.304-70   Determining whether or not to consider COCO and/or GOCO contract options.

Generally, a COCO operation, if it will provide adequate services and is contractually feasible, is the preferred contract option. COCO contracts eliminate the Government's risks and costs inherent in capital ownership. However, such benefits of COCO performance must be weighed against the potential benefits of GOCO performance, such as ease of quality assurance evaluation, effective utilization of existing facilities, and ease of converting to Government performance if the need arises. As specified in Part I, Chapter 3, paragraph A1, of the Supplement to OMB Circular A-76, an informal cost-benefit analysis will be performed to determine the most beneficial mode of performance. Some basic guidelines to be considered in deciding upon COCO/GOCO alternatives are as follows:

§807.304-71   Ensuring continuity of contract performance.

§807.304-73   Bid opening/receipt of proposals.

The date established for bid opening or receipt of proposals will normally be 90 days after sending the request for publication to the Commerce Business Daily (CBD) (65 days after issuing the solicitation). This time frame should accommodate development of the in-house bid and the required independent review. Close coordination with the A-76 Management Team is essential. The contracting officer will advise the A-76 Management Team of the need for timely submission of the in-house estimate by the time and date set for receipt of bids or proposals. If the Management Team advises the contracting officer of anticipated delays in submitting the in-house estimate, the contracting officer shall extend the bid opening date. Amendments reflecting the extension of the bid opening date shall be sent, before the time set for bid opening, to each firm which has been identified as an interested firm.

§807.304-74   Determination of responsibility.

§807.304-75   Bid acceptance.

Bid acceptance shall be 90 days from bid opening/receipt of proposals in order to accommodate the time necessary to evaluate bids/offers, finalize the cost comparison and process any appeals. Contracting officers will insert "90 days" in FAR clause 52.214-15.

§807.304-76   Contract effective date.

§807.304-77   Right of first refusal.

SUBPART 807.70 - CONSOLIDATED PROCUREMENT

§807.7001   Policy.

§807.7001(a)   Definition.

A Consolidated Procurement Area, as used in this subpart, may be defined as an area where a cluster of individual medical centers have formed a buying group to standardize and consolidate their requirements for goods and services. A Veterans Health Administration Region could also be considered a Consolidated Procurement Area if one or more medical centers or clusters within the region have been charged with identifying, standardizing, and consolidating procurements for the entire region.

§807.7002   Consolidated procurement plans.

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