---
kind: "section"
citation: "48 C.F.R. § 873.104"
title: "48"
number: "873.104"
heading: "Competition requirements."
url: "https://uscodex.org/cfr/48/873.104"
---

# §873.104. Competition requirements.

- (a) **Affiliated institutions.**
  - (1) A health-care resource 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 VA in accordance with [38 U.S.C. 7302](/usc/38/7302.md), including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers. ([38 U.S.C. 8153(a)(3)(A)](/usc/38/8153.md?p=a-3-A))
  - (2) Acquisitions of health-care resources identified in [paragraph (a)(1)](#a-1) of this section are not required to be publicized as otherwise required by 873.108 or FAR 5.101.
- (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)](#a-1) of this section, contracting officers shall permit all responsible sources, as appropriate, to submit a bid, proposal, or quotation for the resource to be procured, and provide for the consideration by VA of bids, proposals, or quotations so submitted. ([38 U.S.C. 8153(a)(3)(B)](/usc/38/8153.md?p=a-3-B))
  - (2) Acquisition of health-care resources identified in [paragraph (b)(1)](#b-1) of this section shall be publicized as otherwise required by 873.108. Moreover, for any such acquisition described in [paragraph (b)(1)](#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 FAR 6.303. ([38 U.S.C. 8153(a)(3)(D)](/usc/38/8153.md?p=a-3-D))

## Notes

### Authority

Authority: 38 U.S.C. 8127-8128; 38 U.S.C. 8151-8153; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.

### Source

Source: 86 FR 54118, Sept. 30, 2021, unless otherwise noted.