[Federal Register Volume 63, Number 68 (Thursday, April 9, 1998)]
[Rules and Regulations]
[Pages 17334-17339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9135]


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DEPARTMENT OF VETERANS AFFAIRS

48 CFR Parts 801, 810, 811, 812, 836, 852 and 870

RIN 2900-AI05


VA Acquisition Regulations: Commercial Items

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs 
Acquisition Regulations (VAAR) concerning the acquisition of commercial 
items. It amends VAAR provisions to conform to the Federal Acquisition 
Regulation (FAR), to delete obsolete references and titles, to update 
references and titles, to reorganize material and to remove obsolete 
material. This document also sets forth VAAR provisions and clauses for 
use by contracting officers for commercial item solicitations and 
contracts. These provisions and clauses are warranted for use in 
commercial item solicitations and contracts. This document also 
incorporates Paperwork Reduction Act approval concerning collection of 
information regarding clauses and provisions for use in both commercial 
and non-commercial item, service, and construction solicitations and 
contracts.

DATES: Effective Date: May 11, 1998.

FOR FURTHER INFORMATION CONTACT: Don Kaliher, Acquisition Policy Team 
(95A), Office of Acquisition and Materiel Management, Department of 
Veterans Affairs, 810 Vermont Ave., NW, Washington DC 20420, (202) 273-
8819.

SUPPLEMENTARY INFORMATION: On August 25, 1997, we published in the 
Federal Register (62 FR 44932) a proposal to amend the Department of 
Veterans Affairs Acquisition Regulations to make changes relating to 
the acquisition of commercial items. Comments were solicited concerning 
the proposal for 60 days, ending October 24, 1997. We did not receive 
any comments. The information presented in the proposed rule document 
still provides a basis for this final rule. In addition, the proposed 
rule requested Paperwork Reduction Act (PRA) comments concerning the 
collection of information regarding clauses and provisions for use in 
both commercial and non-commercial item, service, and construction 
solicitations and contracts. No comments were received by the Office of 
Management and Budget (OMB). The reporting and recordkeeping 
requirements of the proposed rule have been approved by OMB; clearance 
numbers have been

[[Page 17335]]

assigned to the provisions and clauses contained therein. Therefore, 
based on the rationale set forth in the proposed rule document, we are 
adopting the provisions of the proposed rule as a final rule with no 
changes, except for nonsubstantive changes to reflect, at 48 CFR 
801.301-70(c), the new PRA clearance numbers assigned by OMB, for 
correction to references made in 811.202(a), and for changes made in 
811.202 to update the title for the Federal Hospital Subsistence Guide, 
which has been incorporated into the Federal Supply Catalog, Stock 
List, FSC Group 89, Subsistence, as Part IV.
    The Secretary hereby certifies that this rule would not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act (RFA), 5 U.S.C. 
601-612. This rule would have a minuscule effect, if any, on small 
businesses. Therefore, pursuant to 5 U.S.C. 605(b), this rule is exempt 
from the initial and final regulatory flexibility analysis requirements 
of Secs. 603 and 604.

List of Subjects

48 CFR Parts 810, 811, and 812

    Government procurement.

48 CFR Parts 801, 836 and 852

    Government procurement, Reporting and recordkeeping requirements.

48 CFR Part 870

    Asbestos, Frozen foods, Government procurement, Telecommunications.

    Approved: March 26, 1998.
Togo D. West, Jr.,
Acting Secretary.

    For the reasons set forth in the preamble, 48 CFR Chapter 8 is 
amended as follows:
    1. The authority citation for parts 801, 836, and 852 continues to 
read as follows:

    Authority:  38 U.S.C. 501 and 40 U.S.C. 486(c).

PART 801--VETERANS AFFAIRS ACQUISITION REGULATIONS SYSTEM

801.301-70(c)  [Amended]

    2. In part 801, the chart contained in Sec. 801.301-70(c) is 
revised to read as follows:


801.301-70  Paperwork Reduction Act requirements.

    (c) * * *
* * * * *

                                                                        
------------------------------------------------------------------------
                                                             Current OMB
   48 CFR part or section where identified and described     control No.
------------------------------------------------------------------------
809.504(d).................................................    2900-0418
819.7003...................................................    2900-0445
836.606-71.................................................    2900-0422
852.219-70.................................................    2900-0584
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
852.236-72.................................................    2900-0422
852.236-79.................................................    2900-0422
852.236-81 through 852.236-85..............................    2900-0422
852.236-88.................................................    2900-0422
852.237-71.................................................    2900-0590
852.270-03.................................................    2900-0589
871.201-2..................................................    2900-0416
------------------------------------------------------------------------

PART 810  [REMOVED]

    3. Under the authority of 38 U.S.C. 501 and 40 U.S.C. 486(c), Part 
810 is removed.
    4. Part 811 is added to read as follows:

PART 811--DESCRIBING AGENCY NEEDS

Sec.
811.001  Definitions.

Subpart 811.1--Selecting and Developing Requirements Documents

811.104  Items particular to one manufacturer.
811.104-70  Purchase descriptions.
811.104-71  Bid evaluation and award.
811.104-72  Procedure for negotiated procurements.

Subpart 811.2--Using and Maintaining Requirements Documents

811.202  Maintenance of standardization documents.
811.204  Solicitation provisions and contract clauses.

Subpart 811.4--Delivery or Performance Schedules

811.404  Contract clauses.

Subpart 811.5--Liquidated Damages

811.502  Policy.
811.504  Contract clauses.

Subpart 811.6--Priorities and Allocations

811.602  General.
    Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).


811.001 Definitions.

    (a) Brand name product means a commercial product described by 
brand name and make or model number or other appropriate nomenclature 
by which such product is offered for sale to the public by the 
particular manufacturer, producer or distributor.
    (b) Salient characteristics are those particular characteristics 
that specifically describe the essential physical and functional 
features of the material or service required. They are those essential 
physical or functional features which are identified in the 
specifications as a mandatory requirement which a proposed ``equal'' 
product or material must possess in order for the bid to be considered 
responsive. Bidders must furnish all descriptive literature and bid 
samples required by the solicitation to establish such ``equality''.

Subpart 811.1--Selecting and Developing Requirements Documents


811.104  Items particular to one manufacturer.

    (a) Specifications shall be written in accordance with FAR 11.002 
unless otherwise justified by the specification writer and approved by 
the contracting officer as described in paragraph (b) of this section. 
The contract file shall be documented accordingly.
    (b) When it is determined that a particular physical or functional 
characteristic of only one product will meet the minimum requirements 
of the Department of Veterans Affairs (see FAR 11.104) or that a 
``brand name or equal'' purchase description will be used, the 
specification writer, whether agency personnel, architect-engineer, or 
consultant with which the Department of Veterans Affairs has 
contracted, shall separately identify the item(s) to the contracting 
officer and provide a full written justification of the reason the 
particular characteristic is essential to the Government's requirements 
or why the ``brand name or equal'' purchase description is necessary. 
The contracting officer shall make the final determination whether 
restrictive specifications or ``brand name or equal'' purchase 
descriptions will be included in the solicitation.
    (c) Purchase descriptions that contain references to one or more 
brand name products may be used only in accordance with 811.104-70, 
811.104-71, and 811.104-72. In addition, purchase descriptions that 
contain references to one or more brand name products shall be followed 
by the words ``or equal,'' except when the acquisition is fully 
justified under FAR 6.3 and VAAR 806.3. Acceptable brand name products 
should be listed in the solicitation. Where a ``brand name or equal'' 
purchase description is used, prospective contractors must be given the 
opportunity to offer products other than those specifically referenced 
by brand name if such other products are determined by the Government 
to fully meet the salient characteristics listed in

[[Page 17336]]

the invitation. The contract file will be documented in accordance with 
paragraph (b) of this section, justifying the need for use of a brand 
name or equal description.
    (d) ``Brand name or equal'' purchase descriptions shall set forth 
those salient physical, functional, or other characteristics of the 
referenced products which are essential to the minimum needs of the 
Government. For example, when interchangeability of parts is required, 
such requirement should be specified. Purchase descriptions shall 
contain the following information to the extent available and include 
such other information as is necessary to describe the item required:
    (1) Complete common generic identification of the item required;
    (2) Applicable model, make or catalog number for each brand name 
product referenced, and identity of the commercial catalog in which it 
appears; and
    (3) Name of manufacturer, producer or distributor of each brand 
name product referenced (and address if not well known).
    (e) When necessary to describe adequately the item required, an 
applicable commercial catalog description or pertinent extract may be 
used if such description is identified in the solicitation as being 
that of the particular named manufacturer, producer or distributor. The 
contracting officer will insure that a copy of any catalogs referenced 
(except parts catalogs) is available on request for review by bidders 
at the purchasing office.
    (f) Except as noted in paragraph (d) of this section, purchase 
descriptions shall not include either minimum or maximum restrictive 
dimensions, weights, materials or other salient characteristics which 
are unique to a brand name product or which would tend to eliminate 
competition or other products which are only marginally outside the 
restrictions. However, purchase description may include restrictive 
dimensions, weights, materials or other salient characteristics if such 
restrictions are determined in writing by the user to be essential to 
the Government's requirements, the brand name of the product is 
included in the purchase description, and all other determinations 
required by 811.104 are made.


811.104-70  Purchase descriptions.

    (a) When any purchase description, including a ``brand name or 
equal'' purchase description, is used in a solicitation for a supply 
contract to describe required items of mechanical equipment, the 
solicitation will include the clauses in 852.211-70 (Service Data 
Manual) and in 852.211-71 (Guarantee).
    (b) Solicitations using ``brand name or equal'' purchase 
descriptions will contain the ``brand name or equal'' clause in 
852.211-77, and the provision set forth at FAR 52.214-21, Descriptive 
Literature. Contracting officers are cautioned to review the 
requirements at FAR 14.202-5(d) when utilizing the descriptive 
literature provision.
    (c) Except as provided in paragraph 811.104-70(d), when a ``brand 
name or equal'' purchase description is included in an invitation for 
bids, the following shall be inserted after each item so described in 
the solicitation, for completion by the bidder:

Bidding on:

Manufacturer name------------------------------------------------------

Brand------------------------------------------------------------------

No.--------------------------------------------------------------------

    (d)(1) When component parts of an end item are described in the 
solicitation by a ``brand name or equal'' purchase description and the 
contracting officer determines that the clause in 811.104-70(b) is 
inapplicable to such component parts, the requirements of 811.104-70(c) 
shall not apply with respect to such component parts. In such cases, if 
the clause is included in the solicitation for other reasons, a 
statement substantially as follows also shall be included:

    The clause entitled ``Brand Name or Equal'' does not apply to 
the following component parts (list the component parts to which the 
clause does not apply): and

    (2) In the alternative, if the contracting officer determines that 
the clause in 811.104-70(b) shall apply to only certain such component 
parts, the requirements of 811.104-70(c) shall apply to such component 
parts and a statement substantially as follows also shall be included:

    The clause entitled ``Brand Name or Equal'' applies to the 
following component parts (list the component parts to which the 
clause applies):

    (e) When a solicitation contains ``brand name or equal'' purchase 
descriptions, bidders who offer brand name products, including 
component parts, referenced in such descriptions shall not be required 
to furnish bid samples of the referenced brand name products. However, 
solicitations may require the submission of bid samples in the case of 
bidders offering ``or equal'' products. If bid samples are required, 
the solicitation shall include the provision set forth at FAR 52.214-
20, Bid Samples. The bidder must still furnish all descriptive 
literature in accordance with and for the purpose set forth in the 
``Brand Name or Equal'' clause, 852.211-77(c)(1) and (2), even though 
bid samples may not be required.


811.104-71  Bid evaluation and award.

    (a) Bids offering products that differ from brand name products 
referenced in a ``brand name or equal'' purchase description shall be 
considered for award when the contracting officer determines in 
accordance with the terms of the clause at 852.211-77 that the offered 
products are clearly identified in the bids and are equal in all 
material respects to the products specified.
    (b) Award documents shall identify, or incorporate by reference, an 
identification of the specific products which the contractor is to 
furnish. Such identification shall include any brand name and make or 
model number, descriptive material, and any modifications of brand name 
products specified in the bid. Included in this requirement are those 
instances when the descriptions of the end items contain ``brand name 
or equal'' purchase descriptions of component parts or of accessories 
related to the end item, and the clause at 852.211-77 was applicable to 
such component parts or accessories (see 811.104-70(d)(2)).


811.104-72  Procedure for negotiated procurements.

    (a) The policies and procedures prescribed in 811.104-70 and 
811.104-71 should be used as a guide in developing adequate purchase 
descriptions for negotiated procurements.
    (b) The clause at 852.211-77 may be adapted for use in negotiated 
procurements. If use of the clause is not practicable (as may be the 
case in unusual and compelling urgency purchases), suppliers shall be 
suitably informed that proposals offering products different from the 
products referenced by brand name will be considered if the contracting 
officer determines that such offered products are equal in all material 
respects to the products referenced.

Subpart 811.2--Using and Maintaining Requirements Documents


811.202  Maintenance of standardization documents.

    (a) Military and departmental specifications. Contracting officers 
may, when they deem it to be advantageous to the Department of Veterans 
Affairs, utilize these specifications when procuring supplies and 
equipment costing less than the simplified

[[Page 17337]]

acquisition threshold. However, when purchasing items of perishable 
subsistence, contracting officers shall observe only those exemptions 
set forth in paragraphs (b)(2) and (b)(3) of this section.
    (b) Nutrition and Food Service specifications. (1) The Department 
of Veterans Affairs has adopted for use in the procurement of 
packinghouse products, the purchase descriptions and specifications set 
forth in the Institutional Meat Purchase Specifications (IMPS), and the 
IMPS General Requirements, which have been developed by the U.S. 
Department of Agriculture. Purchase descriptions and specifications for 
dairy products, poultry, eggs, fresh and frozen fruits and vegetables, 
as well as certain packinghouse products selected from the IMPS 
especially for Department of Veterans Affairs use, are contained in 
Part IV of the Federal Supply Catalog, Stock List, FSC Group 89, 
Subsistence, Publication No. C8900-SL. A copy of Part IV of this 
catalog and the IMPS may be obtained from any Department of Veterans 
Affairs contracting officer.
    (2) The military specifications for meat and meat products 
contained in Part IV of the Federal Supply Catalog, Stock List, FSC 
Group 89, Subsistence, shall be used by the Department of Veterans 
Affairs only when purchasing such items of subsistence from the Defense 
Logistics Agency (DLA). Military specifications for poultry, eggs, and 
egg products contained in Part IV of the Federal Supply Catalog, Stock 
List, FSC Group 89, Subsistence, may be used when purchasing either 
from DLA or from local dealers.
    (3) Except as authorized in part 846 of this chapter, contracting 
officers shall not deviate from the specifications contained in Part IV 
of the Federal Supply Catalog, Stock List, FSC Group 89, Subsistence, 
and the IMPS without prior approval of the Deputy Assistant Secretary 
for Acquisition and Materiel Management.
    (4) Items of meat, cured pork and poultry not listed in either Part 
IV of the Federal Supply Catalog, Stock List, FSC Group 89, 
Subsistence, or the IMPS, will not be purchased without prior approval 
of the Deputy Assistant Secretary for Acquisition and Materiel 
Management.
    (c) Department of Veterans Affairs specifications. (1) The 
Director, Publications Service, is responsible for developing, 
publishing, and distributing Department of Veterans Affairs 
specifications covering printing and binding.
    (2) Department of Veterans Affairs specifications, as they are 
revised, are placed in stock in the VA Forms and Publications Depot. 
Facility requirements for these specifications will be requisitioned 
from that source.
    (d) Government paper specification standards. (1) Invitations for 
bids, requests for proposals, purchase orders, or other procurement 
instruments covering the purchase of paper stocks to be used in 
duplicating or printing, or which specify the paper stocks to be used 
in buying printing, binding, or duplicating, will require that such 
paper stocks be in accordance with the Government Paper Specification 
Standards issued by the Joint Committee on Printing of Congress.
    (2) All binding or rebinding of books, magazines, pamphlets, 
newspapers, slip cases and boxes will be procured in accordance with 
Government Printing Office (GPO) specifications and will be procured 
from the servicing GPO Regional Printing Procurement Office or, when 
appropriate, from commercial sources.
    (3) There are three types of binding/rebinding: Class A (hard 
cover); Perfect (glued); and Lumbinding (sewn). The most suitable type 
of binding will be procured to satisfy the requirements, based upon the 
intended use of the bound material.


811.204  Solicitation provisions and contract clauses.

    Specifications. When product specifications are cited in an 
invitation for bids or requests for proposals, the citation shall 
include desired options and shall conform to the following:

    Shall be type __________, grade __________, in accordance with 
(type of specification) No. ________, dated____________ and 
amendment ________ dated __________, except paragraphs ________ and 
__________ which are amended as follows:

Subpart 811.4--Delivery or Performance Schedules


811.404  Contract clauses.

    When delivery is required by or on a particular date, the time of 
delivery clause set forth in FAR 52.211-8 as it relates to f.o.b. 
destination contracts will state that the delivery date specified is 
the date by which the shipment is to be delivered, not the shipping 
date. In f.o.b. origin contracts, the clause will state that the date 
specified is the date shipment is to be accepted by the carrier.

Subpart 811.5--Liquidated Damages


811.502  Policy.

    Liquidated damages provisions will not be routinely included in 
supply or construction contracts, regardless of dollar amount. The 
decision to include liquidated damages provisions will conform to the 
criteria in FAR 11.502. In making this decision, consideration will be 
given to whether the necessity for timely delivery or performance as 
required in the contract schedule is so critical that a probable 
increase in contract price is justified. Liquidated damages provisions 
will not be included as insurance against selection of a non-
responsible bidder, as a substitute for efficient contract 
administration, or as a penalty for failure to perform on time.


811.504  Contract clauses.

    When the liquidated damages clause prescribed in FAR 52.211-11 or 
52.211-12 is to be used and where partial performance may be utilized 
to the advantage of the Government, the clause in 852.211-78 will be 
included in the contract.

Subpart 811.6--Priorities and Allocations


811.602  General.

    (a) Priorities and allocations of critical materials are controlled 
by the Department of Commerce. Essentially, such priorities and 
allocations are restricted to projects having a direct connection with 
supporting current defense needs. The Department of Veterans Affairs is 
not authorized to assign a priority rating to its purchase orders or 
contracts involving the acquisition or use of critical materials.
    (b) In those instances where it has been technically established 
that it is not feasible to use a substitute material, the Department of 
Commerce has agreed to assist us in obtaining critical materials for 
maintenance and repair projects. They will also, where possible, render 
assistance in connection with the purchase of new items, which may be 
in short supply because of their use in connection with the defense 
effort.
    (c) Contracting officers having problems in acquiring critical 
materials will ascertain all the facts necessary to enable the 
Department of Commerce to render assistance to the Department of 
Veterans Affairs in acquiring these materials. The contracting officer 
will submit a request for assistance containing the following 
information to the Deputy Assistant Secretary for Acquisition and 
Materiel Management (90):
    (1) A description of the maintenance and repair project or the new 
item, whichever is applicable;
    (2) The critical material and the amount required;
    (3) The contractor's sources of supply, including any addresses. If 
the source is other than the manufacturer or

[[Page 17338]]

producer, also list the name and address of the manufacturer or 
producer;
    (4) The Department of Veterans Affairs contract or purchase order 
number;
    (5) The contractor's purchase order number, if known, and the 
delivery time requirement as stated in the solicitation or offer;
    (6) The additional time the contractor claims will be necessary to 
effect delivery if priority assistance is not provided;
    (7) The nature and extent of the emergency that will be generated 
at the station, e.g.,
    (i) damage to the physical plant,
    (ii) impairment of the patient care program,
    (iii) creation of safety hazards, and
    (iv) any other pertinent condition that will result because of 
failure to secure assistance in obtaining the critical materials; and
    (8) If applicable, a statement that the item required is for use in 
a construction contract which was authorized by the Chief Facilities 
Management Officer, Office of Facilities Management, to be awarded and 
administered by the facility contracting officer.
    5. Part 812 is revised to read as follows:

PART 812--ACQUISITION OF COMMERCIAL ITEMS

Subpart 812.3--Solicitation Provisions and Contract Clauses for the 
Acquisition of Commercial Items

Sec.
812.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.
812.302  Tailoring of provisions and clauses for the acquisition of 
commercial items.

    Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).

PART 812--ACQUISITION OF COMMERCIAL ITEMS


812.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (a) Notwithstanding prescriptions contained elsewhere in the VAAR, 
when acquiring commercial items, contracting officers shall be required 
to use only those provisions and clauses prescribed in this part.
    (b) The provision and clause in the following VAAR sections shall 
be used, in accordance with the prescriptions contained therein or 
elsewhere in the VAAR, in requests for quotations, solicitations, or 
contracts for the acquisition of commercial items:
    (1) 852.219-70, Veteran-owned small business.
    (2) 852.270-4, Commercial advertising.
    (c) The provisions and clauses in the following VAAR sections shall 
be used, when appropriate, in accordance with the prescriptions 
contained therein or elsewhere in the VAAR, in requests for quotations, 
solicitations, or contracts for the acquisition of commercial items:
    (1) 852.211-71, Guarantee clause.
    (2) 852.211-72, Inspection.
    (3) 852.211-73, Frozen processed foods.
    (4) 852.211-74, Telecommunications equipment.
    (5) 852.211-75, Technical industry standards.
    (6) 852.214-70, Caution to bidders--bid envelopes.
    (7) 852.216-70, Estimated quantities for requirements contracts.
    (8) 852.229-70, Purchases from patient's funds.
    (9) 852.229-71, Purchases for patients using Government funds and/
or personal funds of patients.
    (10) 852.233-70, Protest content.
    (11) 852.237-70, Contractor responsibilities.
    (12) 852.237-71, Indemnification and insurance (vehicle and 
aircraft service contracts).
    (13) 852.270-1, Representatives of contracting officers.
    (14) 852.270-2, Bread and bakery products.
    (15) 852.270-3, Purchase of shell fish.
    (d) The clauses in the following VAAR sections shall be used, when 
appropriate, in accordance with the prescriptions contained therein or 
elsewhere in the VAAR, in requests for quotations, solicitations, or 
contracts for the acquisition of commercial items, provided the 
contracting officer determines that use of the clauses is consistent 
with customary commercial practices.
    (1) 852.211-70, Requirements for operating and maintenance manuals.
    (2) 852.211-77, Brand name or equal.
    (e) The contracting officer shall insert the clause in 852.271-70, 
Services provided eligible beneficiaries, by reference, in all requests 
for quotations, solicitations, and contracts meeting the prescription 
contained therein.
    (f) Clauses are not required for micro-purchases using the 
procedures of this part or part 813. However, this does not prohibit 
the use of any clause prescribed in this part or elsewhere in this 
chapter in micro-purchases when determined by the contracting officer 
to be in the Government's best interest.


812.302  Tailoring of provisions and clauses for the acquisition of 
commercial items.

    Agency procedures for approval of waivers: Waivers to tailor 
solicitations in a manner that is inconsistent with customary 
commercial practice shall be prepared by contracting officers in 
accordance with FAR 12.302(c). Waiver requests shall be submitted to 
the contracting officer's next higher level supervisor for approval. 
Approved requests shall be retained in the contract file.

PART 836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


836.202  [Amended]

    6. In part 836, Sec. 836.202(a) is amended by removing ``part 810'' 
and adding, in its place, ``part 811''.


836.206  [Amended]

    7. In part 836, Sec. 836.206 is amended by removing ``812.202'' and 
adding, in its place, ``811.502''; by removing ``852.212-70'' and 
adding, in its place, ``852.211-78''; and by removing ``52.212-5'' and 
adding, in its place, ``52.211-12''.

PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    8. Part 852 is amended by redesignating the following sections as 
set forth below:

------------------------------------------------------------------------
                        Old section                          New section
------------------------------------------------------------------------
852.210-70................................................    852.211-70
852.210-71................................................    852.211-71
852.210-72................................................    852.211-72
852.210-73................................................    852.211-73
852.210-74................................................    852.211-74
852.210-75................................................    852.211-75
852.210-76................................................    852.211-76
------------------------------------------------------------------------

852.210-77  [Redesignated as 852.211-77]

    9. In part 852, Sec. 852.210-77 is redesignated as Sec. 852.211-77 
and the introductory text is amended by removing ``810.004'' and 
adding, in its place, ``811.104''.


852.212-70  [Redesignated as 852.211-78]

    10. In part 852, Sec. 852.212-70 is redesignated as Sec. 852.211-
78, and the introductory text is amended by removing ``812.204'' and 
adding, in its place, ``811.504''.


852.219-70  [Amended]

    11. In part 852, Sec. 852.219-70 introductory text is amended by 
removing ``819.7003(a)'' and adding, in its place, ``819.7003(b)''.

[[Page 17339]]

852.229-70  [Amended]

    12. In part 852, Sec. 852.229-70 introductory text is amended by 
adding ``or, if the contract is for commercial items, in lieu of 
paragraph (k), Taxes, in FAR clause 52.212-4'' immediately after ``in 
FAR 52.229-1''.


852.229-71  [Amended]

    13. In part 852, Sec. 852.229-71 introductory text is amended by 
adding ``or, if the contract is for commercial items, as an addendum to 
FAR clause 52.212-4'' immediately after ``in FAR 52.229-1''.


852.271-70  [Amended]

    14. In part 852, Sec. 852.271-70 is amended by removing ``Chief 
Medical Director'' and adding, in its place, ``Under Secretary for 
Health''.

PART 870--SPECIAL PROCUREMENT CONTROLS

    15. The authority citation for part 870 is revised to read as 
follows:

    Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).


870.112  [Amended]

    16. In part 870, Sec. 870.112, paragraph (a) is amended by removing 
``852.210-74'' and adding, in its place, ``852.211-74'', Footnote 1 is 
amended by removing ``Veterans Administration'' and adding, in its 
place, ``Department of Veterans Affairs'', paragraph (b) is amended by 
removing ``852.210-74'' and adding, in its place, ``852.211-74'', by 
removing ``the Office of Information Resources Operations'' and adding, 
in its place, ``Telecommunications Support Service''; by removing 
``(93)'' each time it appears in paragraphs (b) and (c)(1) and adding, 
in its place, ``, Acquisition Administration Team''.

[FR Doc. 98-9135 Filed 4-8-98; 8:45 am]
BILLING CODE 8320-01-U