On April 2, 2019, PilieroMazza submitted comments on RIN 2900-AQ21—VA Acquisition Regulation: Competition Requirements.

Includes our comments on:

  • The amendments to VAAR 806.501 will be beneficial, but must be implemented correctly and should include other amendments.
    • In our experiences, small businesses often are unsure of who to contact with small business-related concerns regarding a solicitation. Knowing exactly who to contact at VA and SBA will save time and allow small businesses access to resolve concerns with a solicitation, and may save VA from dealing with unnecessary questions from offerors and protests against the solicitation terms.
  • We commend VA’s proposal to add VAAR 806.270 but suggest some minor revisions.
    • VAAR 806.270 must be modified to exclude references to class deviation provisions. 
    • The VAAR must fully implement the Vets Act priority for SDVOSBs and VOSBs. When applying the full and partial credit for SDVOSBs and VOSBs under subsection (b) in a procurement where price is the only factor or that uses a lowest price technically acceptable source selection process as described in FAR 15.101-2, the contracting officer must deem the price offered by a verified SDVOSB to be 10% lower than its proposed price for evaluation purposes. The contracting officer must deem the price offered by a verified VOSB to be 5% lower than its proposed price for evaluation purposes.
  • We applaud VA’s emphasis on its sole source authority in proposed VAAR 806.302-570, but It requires some modifications.
    • VA’s reference in the preamble to additional internal requirements is problematic. 
    • VA should provide contracting officers guidance regarding what constitutes a fair and reasonable price.
    • VA should revise VAAR 806.302-570(a) to remove unnecessary steps for the justification and approval.
  • Proposed VAAR 806.302-571 should make clear that the cited authorities do not trump the Vets Act.