[Federal Register Volume 63, Number 241 (Wednesday, December 16, 1998)]
[Rules and Regulations]
[Pages 69216-69223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33163]
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DEPARTMENT OF VETERANS AFFAIRS
48 CFR Parts 801, 803, 805, 806, 808, 814, 817, 819, 822, 825, 828,
831, 832, 833, 836, 837, 842, 846, 847, 849, 852, 853, 870, and 871
RIN 2900-AJ29
VA Acquisition Regulation: Title and Reference Updates
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs
Acquisition Regulation (VAAR): to update office names and job titles
due to administrative changes within the Department; correct references
and typographical errors; delete obsolete material; delete material
which duplicates material in the Federal Acquisition Regulation (FAR);
and to
[[Page 69217]]
revise and update section numbers and titles to correspond with the
FAR.
DATES: Effective Date: December 16, 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: This rule consists of nonsubstantive changes
and, therefore, is not subject to the notice and comment and effective
date provisions of 5 U.S.C. 553. Also, this final rule is not a
significant revision as defined in FAR 1.501-1.
The Secretary hereby certifies that this final rule will 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, since it does not contain any substantive provisions. This
rule would not cause a significant effect on any entities. 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 801, 833, 836 and 852
Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 803
Antitrust, Conflict of interests, Government procurement.
48 CFR Parts 805, 806, 814, 817, 832, 837, 846, 849, and 853
Government procurement.
48 CFR Part 808
Government procurement, Utilities.
48 CFR Part 819
Administrative practice and procedure, Government procurement,
Reporting and recordkeeping requirements, Small businesses, Veterans.
48 CFR Part 822
Government procurement, Labor.
48 CFR Part 825
Foreign currencies, Foreign trade, Government procurement.
48 CFR Part 828
Government procurement, Insurance, Surety bonds.
48 CFR Parts 831 and 842
Accounting, Government procurement.
48 CFR Part 847
Government procurement, Transportation.
48 CFR Part 870
Asbestos, Frozen foods, Government procurement, Telecommunications.
48 CFR Part 871
Government procurement, Loan programs-social programs, Loan
programs-veterans, Reporting and recordkeeping requirements, Vocational
rehabilitation.
Approved: December 4, 1998.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 48 CFR Chapter 8 is
amended as follows:
PART 801--VETERANS AFFAIRS ACQUISITION REGULATIONS SYSTEM
1. The authority citation for part 801 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
801.000 [Amended]
2. Section 801.000 is amended by removing ``Regulations'' both
times it appears and adding, in its place, ``Regulation''.
801.101 [Amended]
3. In 801.101 paragraph (a) is amended by removing ``Veterans
Affairs Acquisition Regulations'' and adding, in its place, ``Veterans
Affairs Acquisition Regulation''.
801.103 [Redesignated as 801.104]
4. Section 801.103 is redesignated as 801.104; and newly
redesignated 801.104 is amended by removing ``5021'' in paragraph (a)
and adding, in it place, ``8121''.
801.102 [Redesignated as 801.103]
5. Section 801.102 is redesignated as 801.103; and newly
redesignated 801.103 is amended by removing ``210'' and by adding, in
its place, ``501''.
801.301-70 [Amended]
6. In 801.301-70, paragraph (b)(2) is amended by removing ``(93)''
and adding, in its place, ``(95)''.
801.303 [Amended]
7. The heading for 801.303 is revised to read as follows: 801.303
Publication and codification.
8. The heading for subpart 801.6 is revised to read as follows:
Subpart 801.6--Career Development, Contracting Activity, and
Responsibilities
801.602-3 [Amended]
9. In 801.602-3, paragraph (a)(2) is amended by removing
``supplies, and services'' and adding, in its place, ``supplies,
services,''; and paragraph (b)(2) is amended by removing ``Office of
General Counsel'' and adding, in its place, ``Office of the General
Counsel''.
801.603-71 [Amended]
10. In 801.603-71, paragraph (b) is amended by removing ``Chief,
Central Office Library Division,'' and adding, in its place,
``Director, Library Services, VA Central Office,'' and paragraphs (c),
(d), and (e) are removed.
801.670-1 [Amended]
11. Section 801.670-1 is amended by removing ``Service, at a
Department of Veterans Affairs medical center, or the person acting in
that capacity,'' and adding, in its place, ``Service (MAS), or the
person designated by the medical center director to perform MAS
functions, at a Department of Veterans Affairs medical center,''.
801.670-2 [Amended]
12. Section 801.670-2 is amended by removing paragraph (a)(1); and
by redesignating paragraphs (a)(2) and (a)(3) as paragraphs (a)(1) and
(a)(2), respectively.
801.670-3 [Amended]
13. In 801.670-3, paragraph (a) is amended by removing ``Service,''
and adding, in its place, ``Service (MAS), or the person designated by
the medical center director to perform MAS functions,''.
801.670-4 [Amended]
14. In 801.670-4, paragraph (a)(1) is amended by removing ``Chief,
Acquisition Division, Monument Service'' and adding, in its place,
``Chief, Centralized Contracting Division, Office of Operations
Support''; paragraph (a)(2) is amended by removing ``Chief,
Transportation Section, Monument Service, and Freight Rate Specialist''
and adding, in its place, ``Freight Rate Specialist, Office of
Operations Support''; paragraph (b)(1) is amended by removing ``Deputy
Director'' and adding, in its place, ``Director, Office of Field
Operations''; paragraph (b)(2) is amended by removing ``and Deputy
Director''; and paragraph (c) is amended by removing ``Voucher, (FAR
13.505-3)'' and adding, in its place, ``Voucher (FAR 13.306)''.
[[Page 69218]]
801.670-5 [Amended]
15. In 801.670-5, paragraph (a)(3) is amended by removing ``Chief
Medical Director'' and adding, in its place, ``Under Secretary for
Health''; paragraph (a)(4) is amended by removing ``Chief Benefits
Director'' and adding, in its place, ``Under Secretary for Benefits'';
paragraph (a)(5) is amended by removing ``Chief Memorial Affairs
Director'' and adding, in its place, ``Under Secretary for Memorial
Affairs''; paragraph (a)(6) is amended by removing ``Deputy Assistant
Director'' and adding, in its place, ``Deputy Assistant Secretar'y'';
paragraph (a)(8) is amended by removing ``4122'' and adding, in its
place, ``7471''; paragraph (a)(9) is amended by removing ``Assistant
Chief Medical Director for Research and Development'' and adding, in
its place, ``Chief Research and Development Officer''; and paragraph
(b) is amended by removing ``execute the same duties and
responsibilities'' and adding, in its place, ``execute letters of
agreement'' and by removing ``Review Division'' and adding, in its
place, ``Administration Team''.
801.680 [Amended]
16. In 801.680, paragraph (c) is amended by removing ``Supply
Service'' and adding, in its place, ``Acquisition and Materiel
Management Service or the local purchase and contract activity''; and
paragraph (d) is amended by removing ``Regulations'' and adding, in its
place, ``Regulation''.
801.690-3 [Amended]
17. In 801.690-3, paragraph (c) introductory text is amended by
removing ``Deputy Director'' and adding, in its place, ``Associate
Deputy Assistant Secretary for Acquisitions''; paragraph (c)(1) is
amended by removing ``Director for Administration (VHS&RA)'' and
adding, in its place, ``Chief Administrative Officer (VHA)''; and
paragraph (c)(2) is amended by removing ``Deputy Director, Office of
Facilities'' and adding, in its place, ``Deputy Facilities Management
Officer''.
18. In 801.690-4, paragraph (c)(1)(i) is amended by removing ``on
the job in formalized'' and adding, in its place ``on the job or in
formalized''; and paragraph (c)(3)(ii) is revised to read as follows:
801.690-4 Selection.
* * * * *
(c) * * *
(3) * * *
(ii) Experience. Three years of progressive assignments in an
acquisition related field within the last five years and demonstrated
broad technical ability related to acquisition.
* * * * *
801.690-6 [Amended]
19. In 801.690-6, paragraph (b) is amended by removing ``Personnel
Office'' and adding, in its place, ``Human Resources Service''.
PART 803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
20. The authority citation for part 803 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
803.101-3 [Amended]
21. In 803.101-3, paragraph (b) is amended by removing ``subpart
D'' and adding, in its place, ``subpart B''.
803.409 [Redesignated as 803.405]
22. Section 803.409 is redesignated as 803.405.
803.7000 [Amended]
23. The introductory text of 803.7000 is amended by removing ``It
is the'' and adding, in its place, ``It is''; and by adding an
apostrophe onto the word ``Affairs''.
PART 805--PUBLICIZING CONTRACT ACTIONS
24. The authority citation for part 805 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
805.205 [Amended]
25. Section 805.205 is amended by removing ``To facilitate the use
of the alternative procedure in FAR 5.205(c)(2), contracting'' and
adding, in its place, ``Contracting''.
PART 806--COMPETITION REQUIREMENTS
26. The authority citation for part 806 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
806.302-3 [Amended]
27. Section 806.302-3 is amended by removing ``4101, will be
negotiated under the authority of 41 U.S.C. 253(c)(5), regardless of
the dollar amount.'' and adding, in its place, ``7303 will be
negotiated under the authority of 41 U.S.C. 253(c)(5), regardless of
the dollar amount).''.
28. In 806.302-5, paragraph (a) is amended by removing ``4117'' and
adding, in its place, ``''7409''; and by removing ``4101'' and adding,
in its place, ``7302''; paragraph (b) is amended by removing ``5053''
and adding, in its place, ``8153''; paragraph (c) introductory text is
amended by removing ``small purchase limitation'' and adding, in its
place, ``simplified acquisition threshold''; paragraph (c)(1) is
amended by removing ``5023'' and adding, in its place, ``8123'';
paragraph (c)(2) is amended by removing ``4202'' and adding, in its
place, ``7802''; paragraph (c)(4) is amended by removing ``5022(c)''
and adding, in its place, ``8122(c)''; paragraph (c)(5) is amended by
removing ``213'' and adding, in its place, ``513''; paragraph (c)(6) is
amended by removing ``620'' and adding, in its place, ``1720''; and
paragraph (c)(3) is revised to read as follows:
806.302-5 Authorized or required by statute
* * * * *
(c) * * *
(3) Contracts or leases for the operation of parking facilities
established under the authority of 38 U.S.C. 8109(b), provided that the
establishment, operation, and maintenance of such facilities have been
authorized by the Secretary or designee. 38 U.S.C. 8109(f).
* * * * *
806.304 [Amended]
29. In 806.304, paragraph (a)(1)(i) is amended by removing
``Veterans Health Services and Research Administration (VHS&RA) medical
centers'' and adding, in its place, ``Veterans Health Administration
(VHA) medical facilities''; and paragraph (a)(2)(i) is amended by
removing ``VHS&RA medical centers'' and adding, in its place, ``VHA
medical facilities''.
806.501 [Amended]
30. In 806.501, paragraph (b) is amended by removing ``Director, VA
Marketing Center'' and adding, in its place, ``Executive Director and
Chief Operating Officer, VA National Acquisition Center''.
31. Section 806.570 introductory text is amended by removing ``an
initial Competition Plan for their respective activities by August 15,
1985. The plan should be formally incorporated'' and adding, in its
place, ``a Competition Plan and incorporate the Plan''; and the section
heading is revised to read as follows:
[[Page 69219]]
806.570 Planning requirements.
PART 808--REQUIRED SOURCES OF SUPPLIES AND SERVICES
32. The authority citation for part 808 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
808.001 [Amended]
33. In 808.001, paragraph (a)(4) is amended by removing ``from the
Blind and Other Severely Handicapped'' and adding, in its place, ``From
People Who Are Blind or Severely Disabled''.
808.401 [Amended]
34. Section 808.401 is amended by removing ``Director, VA Marketing
Center'' and adding, in its place, ``Executive Director and Chief
Operating Officer, VA National Acquisition Center'' and by removing
``Director issues'' and adding, in its place, ``Executive Director and
Chief Operating Officer issues''.
808.404-1 [Amended]
35. Section 808.404-1 is amended by removing ``Director, VA
Marketing Center'' each time it appears in paragraphs (a) and (b) and
adding, in its place, ``Executive Director and Chief Operating Officer,
VA National Acquisition Center''; and paragraph (b)(1) is amended by
removing ``subject to the requirements set forth in FAR 8.404-1(e)''.
808.404-3 [Amended]
36. Section 808.404-3 is amended by removing ``Director, VA
Marketing Center'' and adding, in its place, ``Executive Director and
Chief Operating Officer, VA National Acquisition Center''.
PART 814--SEALED BIDDING
37. The authority citation for part 814 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
814.201 [Amended]
38. In 814.201, paragraph (a) is amended by removing ``marketing
division'' and adding, in its place, ``National Acquisition Center
division''.
814.304-4 [Amended]
39. Section 814.304-4 is amended by removing ``at VA'' and adding,
in its place, ``at the VA''.
814.403 [Amended]
40. Section 814.403 is amended by removing ``SF 1419'' and adding,
in its place, ``OF 1419''.
814.404-1 [Amended]
41. In 814.404-1, paragraph (b) is amended by removing ``prepared
as prescribed in Subpart 801.7''.
814.404-70 [Amended]
42. Section 814.404-70 is amended by removing ``Acquisition Review
Division'' and adding, in its place, ``Acquisition Administration
Team''.
814.407 [Redesignated as 814.408]
43. Section 814.407 is redesignated as 814.408.
814.408 [Redesignated as 814.409]
44. Section 814.408 is redesignated as 814.409.
814.407-70 [Redesignated as 814.408-70]
45. Section 814.407-70 is redesignated as 814.408-70.
814.407-71 [Redesignated as 814.408-71]
46. Section 814.407-71 is redesignated as 814.408-71.
814.406 [Redesignated as 814.407]
47. Section 814.406 is redesignated as 814.407.
814.406-3 [Amended]
48. Section 814.406-3 is redesignated as 814.407-3; paragraph (a)
is amended by removing ``14.406-3(e)'' and adding, in its place,
``14.407-3(e)''; by removing ``14.406-3(a)'' and adding, in its place,
``14.407-3(a)''; and by removing ``redelegation to'' and adding, in its
place, ``redelegation, to''; paragraph (b) is amended by removing
``14.406-3'' and adding, in its place, ``14.407-3'' and by removing
``Acquisition Review Division'' and adding, in its place, ``Acquisition
Administration Team,''; and paragraph (c) is amended by removing
``Acquisition Review Division'' and adding, in its place, ``Acquisition
Administration Team''.
814.406-4 [Amended]
49. Section 814.406-4 is redesignated as 814.407-4; paragraph (a)
is amended by removing ``14.406-4(a)'' and adding, in its place,
``14.407-4(a)'' and by removing ``Acquisition Review Division'' and
adding, in its place, ``Acquisition Administration Team''; paragraph
(b) is amended by removing ``14.406-4'' and adding, in its place,
``14.407-4'', by removing ``Acquisition Review Division for'' and
adding, in its place, ``Acquisition Administration Team, for'', and by
removing ``Acquisition Review Division. The final'' and adding, in its
place, ``Acquisition Administration Team. The final''; and paragraph
(c) is amended by removing ``Acquisition Review Division'' and adding,
in its place, ``Acquisition Administration Team,'' and by removing
``14.406-4'' and adding, in its place, ``14.407-4''.
PART 817--SPECIAL CONTACTING METHODS
50. The authority citation for part 817 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
817.102 [Redesignated as 817.105]
51. Section 817.102 is redesignated as 817.105.
52. Section 817.102-1 is redesignated as 817.105-1; paragraph
(b)(2) is amended by removing ``Assistant Secretary'' and adding, in
its place, ``Deputy Assistant Secretary''; and paragraph (c) is amended
by removing ``FAR 17.103-1 and VAAR 817.103-1'' and adding, in its
place, ``FAR 17.106-1''.
PART 819--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
53. The authority citation for part 819 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
819.201 [Amended]
54. In 819.201, paragraph (a) is amended by removing ``(005SB)''
and adding, in its place, ``(00SB)''; paragraph (b) is amended by
removing ``Deputy Assistant Secretary for Facilities'' and adding, in
its place, ``Chief Facilities Management Officer''; and paragraph (d)
is amended by removing ``Chief Benefits Director; Deputy Assistant
Secretary for Facilities; Deputy Assistant Secretary for
Administration; Director, Acquisitions Operations Service; Director, VA
Marketing Center;'' and adding, in its place, ``Under Secretary for
Benefits; Chief Facilities Management Officer; Deputy Assistant
Secretary for Administration; Director, Acquisition Operations and
Analysis Service; Executive Director and Chief Operating Officer, VA
National Acquisition Center;''.
819.202-5 [Amended]
55. In 819.202-5, paragraph (c) introductory text is amended by
removing ``(c)(9)'' and adding, in its place, ``(c)(8)'', by removing
``VA Marketing Center and the Office of Facilities'' and adding, in its
place, ``VA National Acquisition Center and the Office of Facilities
Management'', and by removing ``(c)(12)'' and adding, in its place,
``(c)(11)''; paragraph (c)(6) is removed; paragraphs (c)(7) through
(c)(12) are redesignated as paragraphs
[[Page 69220]]
(c)(6) through (c)(11), respectively; paragraph (g) is amended by
removing ``(c)(9)'' and adding, in its place, ``(c)(8)''; and paragraph
(h) is amended by removing ``Office of Facilities'' and adding, in its
place, ``Office of Facilities Management'', and by removing ``VA
Marketing Center'' and adding, in its place, ``VA National Acquisition
Center''.
819.202-70 [Amended]
56. In 819.202-70, the section introductory text is amended by
removing ``and Labor Surplus Area (LSA) programs'' and adding, in its
place, ``program''; paragraph (a) is amended by removing ``Vietnam era
and disabled veteran-owned, and LSA concerns'' and adding, in its
place, ``and Vietnam era and disabled veteran-owned concerns'';
paragraph (c) is amended by removing ``and LSA set-asides''; paragraph
(j) is amended by removing ``and LSA''; and paragraph (k) is amended by
removing ``labor surplus area set-asides,''.
819.502-2 [Amended]
57. Section 819.502-2 is amended by removing paragraph (b); and by
redesignating paragraphs (c) and (d) as paragraphs (b) and (c),
respectively.
58. Section 819.502-3 is revised to read as follows:
819.502-3 Partial set-asides.
When, in accordance with the provisions of FAR 19.502-3, it is
determined that a particular procurement will be partially set aside
for exclusive small business participation, the solicitation for bids
shall state the appropriate product or service classification and
appropriate size standard and the following statement shall be placed
on the face page:
Notice of partial small business set-aside, page ____, applies to
Item __________ through Item __________ in this solicitation.
819.602-3 [Amended]
59. In 819.602-3, paragraphs (a), (b) and (c) are amended by
removing ``(93B)'' each time it appears and adding, in its place,
``(95B)''; and paragraph (d) is amended by removing ``Office of
Facilities'' and adding, in its place, ``Office of Facilities
Management''.
819.801 [Amended]
60. Section 819.801 is redesignated as 819.800; paragraph (b) is
amended by removing ``(005SB)'' and adding, in its place, ``(00SB)'';
and paragraph (d) is amended by removing ``15.804-2'' and adding, in
its place, ``15.403-4''.
61. Section 819.804 is amended by removing ``19.804(b)'' and
adding, in its place, ``19.804-2''; and by revising the section heading
to read as follows:
819.804 Evaluation, offering, and acceptance.
62. Section 819.806-2 is redesignated 819.807; paragraph (b) is
amended by removing ``19.806-2(a)'' and adding, in its place,
``19.807''; and the section heading is revised to read as follows:
819.807 Estimating fair market price.
63. Section 819.806-3 is redesignated as 819.806; and the section
heading is amended to read as follows:
819.806 Pricing the 8(a) contract.
819.807-70 [Amended]
64. Section 819.807-70 is amended by removing ``Office of
Facilities'' and adding, in its place, ``Office of Facilities
Management''; by removing ``the Veterans Health Services and Research
Administration'' and adding, in its place, ``VHA medical facilities'';
and by removing ``(005SB)'' each time it appears and adding, in its
place, ``(00SB)''; and the section heading for 819.807-70 is revised to
read as follows:
819.807-70 Commitments of Office of Facilities Management funded
projects for the 8(a) program.
819.7004 [Amended]
65. Section 819.7004 is amended by removing ``and Labor Surplus
Area set-asides''.
PART 822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
66. The authority citation for part 822 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
822.478 [Amended]
67. Section 822.478 is amended in paragraphs (a) and (b) by
removing ``Office of Facilities'' each time it appears and adding, in
its place, ``Office of Facilities Management''; and in paragraphs (b)
and (c) by removing ``Deputy Assistant Secretary for Facilities'' each
time it appears and adding, in its place, ``Chief Facilities Management
Officer''.
PART 825--FOREIGN ACQUISITION
68. The authority citation for part 825 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
825.102-70 [Amended]
69. Section 825.102-70 is amended by removing ``(93)'' in
paragraphs (b) and (c) and adding, in its place, ``(95)''.
825.105 [Amended]
70. Section 825.105 is amended by removing ``(93)'' and adding, in
its place, ``(95)''.
825.202-70 [Amended]
71. Section 825.202-70 is amended by removing ``(93)'' in
paragraphs (b) and (c) and adding, in its place, ``(95)''; and in
paragraph (c) by removing ``Deputy Assistant Secretary for Facilities
(08)'' and adding, in its place, ``Chief Facilities Management Officer,
Office of Facilities Management,''.
825.203 [Amended]
72. Section 825.203 is amended by removing ``(93)'' and adding, in
its place, ``(95)''; and by removing ``Deputy Assistant Secretary for
Facilities'' and adding, in its place, ``Chief Facilities Management
Officer, Office of Facilities Management,''.
825.302-70 [Amended]
73. Section 825.302-70 is amended by removing ``(93)'' and adding,
in its place, ``(95)''.
825.701 [Removed]
74. Section 825.701 is removed.
825.703 [Amended]
75. Section 825.703 is amended by removing ``(93)'' and adding, in
its place, ``(95)''.
825.870 [Amended]
76. Section 825.870 is amended by removing ``Director, VA Marketing
Center'' and adding, in its place, ``Executive Director and Chief
Operating Officer, VA National Acquisition Center''.
825.902 [Redesignated as 825.901]
77. Section 825.902 is redesignated as 825.901; the text is
designated as paragraph (a); paragraph (a) is amended by removing
```Examination of Records Clause'' should be omitted after all
reasonable efforts to include the clause have failed, and providing
that omission'' and adding, in its place, ```Audit and Records--
Negotiation'' clause with Alternate III should be used after all
efforts to include the basic clause have failed, and provided that use
of Alternate III''; by removing ``25.903'' and adding, in its place,
``25.901''; by removing ``(93)'' and adding, in its place, ``(95)''; by
removing ``25.903(a)(1),'' and adding, in its place, ``25.901(c)(1).'';
by removing ``or submit the report required by FAR 25.903(b)'';
[[Page 69221]]
and the section heading is revised and paragraph (b) is added, to read
as follows:
825.901 Omission of audit clause.
* * * * *
(b) All determinations to omit the ``Audit and Records--
Negotiation'' clause will be supported by a determination and findings
prepared by the contracting officer containing the information set
forth in FAR 25.901(d). The completed determination and findings will
be made a part of the contract file. One copy of the determination and
findings will be forwarded to the Deputy Assistant Secretary for
Acquisition and Materiel Management (95).
825.904 [Removed]
78. Section 825.904 is removed.
PART 828--BONDS AND INSURANCE
79. The authority citation for part 828 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
828.106-6 [Amended]
80. Section 828.106-6 is amended by removing ``Office of
Facilities'' each time it appears and adding, in its place, ``Office of
Facilities Management''.
828.7100 [Amended]
81. In 828.7100, paragraph (a) is amended by removing ``4101'' and
adding, in its place, ``7317'' and paragraph (c) is amended by removing
``4101(c)(3)(A)'' and adding, in its place, ``7317''.
828.7101 [Amended]
82. In 828.7101 paragraph (b) is amended by removing ``(93)'' and
adding, in its place, ``(95)''.
828.7102 [Amended]
83. In 828.7102, paragraph (a) introductory text is amended by
removing ``4101'' and adding, in its place, ``7303''; paragraph (a)(1)
is amended by removing ``Workmen's Compensation Acts'' and adding, in
its place, ``worker's injury compensation laws''; and paragraph (b)
introductory text is amended by removing ``will'' and adding, in its
place, ``must''.
PART 831--CONTRACT COST PRINCIPLES AND PROCEDURES
84. The authority citation for part 831 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
831.7001-4 [Amended]
85. In 831.7001-4, paragraph (a) is amended by removing ``The VA''
and adding, in its place, ``VA'' and by removing ``Veterans Health
Services and Research Administration'' and adding, in its place,
``Veterans Health Administration''; and paragraph (b)(2) is amended by
removing ``Chief Medical Director'' and adding, in its place, ``Under
Secretary for Health''.
831.7001-5 [Amended]
86. In 831.7001-5 paragraph (b) is amended by removing ``part 813
of this chapter or FAR 15.210(a)(1)'' and adding, in its place, ``the
applicable provisions of parts 812, 813 or 815 of this chapter and FAR
parts 12, 13, or 15''.
PART 832--CONTRACT FINANCING
87. The authority citation for part 832 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
832.502-2 [Amended]
88. Section 832.502-2 is amended by removing ``(93)'' and adding,
in its place, ``(95)''.
832.805-70 [Amended]
89. In 832.805-70, paragraph (b) is amended by removing ``Marketing
Divisions'' and adding, in its place, ``VA National Acquisition Center
divisions''.
PART 833--PROTESTS, DISPUTES, APPEALS
90. The authority citation for part 833 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
833.104 [Amended]
91. Section 833.104 is amended by removing ``Acquisition Review
Division'' each time it appears in paragraphs (a)(1), (b), and (c), and
adding, in its place, ``Acquisition Resources Service''; by removing
``33.104(a)(2)'' in paragraph (a)(1) and adding, in its place,
``33.104(a)(3)(ii)''; and by removing ``33.104(a)(3)'' in paragraph
(a)(2) and adding, in its place, ``33.104(a)(2)''.
833.212 [Amended]
92. In 833.212, paragraph (a) is amended by removing ``Acquisition
Review Division'' each time it appears and adding, in its place,
``Acquisition Resources Service''; and paragraph (b)(4) is amended by
removing ``VABC'' and adding, in its place, ``VABCA''.
PART 836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
93. The authority citation for part 836 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
836.208 [Amended]
94. Section 836.208 is amended by removing ``Chief Medical
Director'' and adding, in its place, ``Under Secretary for Health'' and
by removing ``Management for'' and adding, in its place, ``Management,
for''.
836.209 [Amended]
95. Section 836.209 is amended by removing ``Chief Medical
Director'' and adding, in its place, ``Under Secretary for Health''.
836.602-2 [Amended]
96. In 836.602-2, paragraph (a) is amended by removing ``Management
will'' and adding, in its place, ``Management, will''; and paragraph
(b) is amended by removing ``Chief, Acquisition and Materiel Management
Service,'' and adding, in its place, ``head of the contracting
activity''.
836.606-72 [Amended]
97. Section 838.606-72 is amended by removing ``Management or'' and
adding, in its place, ``Management, or'' and by removing ``15.808'' and
adding, in its place, ``15.406-3''.
PART 837--SERVICE CONTRACTING
98. The authority citation for part 837 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
99. The heading for subpart 837.2 is revised to read as follows:
Subpart 837.2--Advisory and Assistance Services
100. Section 837.203 is revised to read as follows:
837.203 Policy.
For the purpose of this subpart the definition of advisory and
assistance services shall, in addition to examples listed in FAR
37.203, include services to obtain peer review of research proposals.
101. In 837.270, paragraph (a) introductory text is amended by
removing ``consultant services'' and adding, in its place, ``advisory
and assistance services'' and by removing ``801.670-14(a)'' and adding,
in its place, ``801.670-5''; paragraph (a)(1) is amended by removing
``Consultant services'' and adding, in its place,
[[Page 69222]]
``Advisory and assistance services''; paragraph (a)(3) is amended by
removing ``4122'' and adding, in its place, ``7472''; paragraph (c) is
amended by removing ``Consulting services'' and adding, in its place,
``Advisory and assistance services''; paragraph (d) is amended by
removing ``In lieu of the requirements outlined in appendix A of this
subpart 837.2, justifications'' and adding, in its place,
``Justifications''; and paragraph (e) is revised to read as follows:
837.270 Special controls for letters of agreement.
* * * * *
(e) Copies of all advisory and assistance services procurements
accomplished through letters of agreement shall be provided to the
local servicing purchase and contract office for entry into the Federal
Procurement Data System.
837.271 through 837.271-4 [Removed]
102. Section 837.271 is removed including 837.271-1 through
837.271-4.
837.403 [Amended]
103. Section 837.403 is amended by removing ``FAR part 13 and
(VAAR) 48 CFR part 813'' and adding, in its place, ``FAR parts 12, 13,
14, or 15 and (VAAR) 48 CFR parts 812, 813, 814, or 815''.
837.7001 [Amended]
104. Section 837.7001 is amended by removing ``903'' and adding, in
its place, ``2303''.
837.7002 [Amended]
105. Section 837.7002 is amended by removing ``personnel,'' and
adding, in its place, ``personnel or other personnel designated by the
medical center director to perform these functions,''.
106. In 837.7003, paragraph (a) is amended by removing ``will
forward to the Chief, Supply Service'' and adding, in its place, ``or
the person designated by the medical center director to perform these
functions, will forward to the head of the contracting activity'';
paragraph (b) introductory text is amended by removing ``Services, as
follows'' and adding, in its place, ``Services, or VA Form 90-2138-ADP,
Purchase Order for Supplies or Services, as follows''; paragraph (b)(5)
is amended by removing ``Veterans Health Services and Research
Administration'' and adding, in its place, ``Veterans Health
Administration''; paragraph (c) is amended by removing ``903(a)(2)''
and adding, in its place, ``2303(a)(1)(B)''; paragraph (d) is amended
by removing ``Veterans Health Services and Research Administration''
and adding, in its place, ``Veterans Health Administration'' and is
further amended by removing ``representative, to be'' and adding, in
its place ``representative, or the person designated by the medical
center director to perform these functions, to be''; and paragraph (e)
is revised to read as follows:
837.7003 Funeral authorization.
* * * * *
(e) The head of the contracting activity will assist the Chief,
Medical Administration Service, or the person designated by the medical
center director to perform these functions, in developing the local
procedures specified in Veterans Health Administration Manual M-1, Part
I, paragraph 14.37c.
PART 842--CONTRACT ADMINISTRATION
107. The authority citation for part 842 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
842.102 [Amended]
108. In 842.102, paragraph (b) is amended by removing ``(91)'' and
adding, in its place, ``(93)''.
842.202 [Amended]
109. Section 842.202 is amended by removing ``(91)'' and adding, in
its place, ``(95)'' and by removing ``FAR 30.401 for'' and adding, in
its place, ``48 CFR 9904 (FAR Appendix B) for policy on''.
842.705 [Amended]
110. In 842.705, paragraph (b) is amended by removing ``Office of
Facilities'' and by adding, in its place, ``Office of Facilities
Management'', by removing ``General for Policy, Planning and Resources
(53C)'' each time it appears and adding, in its place, ``General,
Office of Departmental Reviews and Management Support (53C)'', by
removing ``Marketing Center'' and adding, in its place, ``VA National
Acquisition Center'', and by removing ``Deputy Assistant Secretary for
Facilities'' and adding, in its place, ``Chief Facilities Management
Officer''.
842.801-70 [Amended]
111. 842.801-70 is amended by removing ``15.804-2'' and adding, in
its place, ``15.403-4'', by removing ``(93)'' and adding, in its place,
``(95)'', and by removing ``General for Auditing'' and adding, in its
place, ``General, Office of Audit''.
842.1203 [Amended]
112. Section 842.1203 is amended by removing ``Office of General
Counsel'' and adding, in its place, ``Office of the General Counsel''.
PART 846--CONTRACT CLAUSES
113. The authority citation for part 846 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
846.408-70 [Amended]
114. In 846.408-70, paragraph (b) introductory text is amended by
removing ``Chief, Dietetics Service'' and adding, in its place,
``Chief, Nutrition and Food Service''.
846.408-71 [Amended]
115. In 846.408-71, paragraph (a) is amended by removing ``Federal
Hospital Subsistence Guide G-1'' each time it appears and adding, in
its place, ``Part IV of the Federal Supply Catalog, Stock List, FSC
Group 89, Subsistence, Publication No. C8900-SL''.
846.471 [Amended]
116. In 846.471, paragraph (a) is amended by removing ``Director,
Office of Construction,'' and adding, in its place, ``Chief Facilities
Management Officer, Office of Facilities Management,'', and paragraph
(b) is amended by removing ``VHS&RA,''.
PART 847--TRANSPORTATION
117. The authority citation for part 847 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
847.303-1 [Amended]
118. In 847.303-1, paragraph (b) is amended by removing ``Director,
Monument Service'' and adding, in its place, ``Chief, Centralized
Contracting Division''; and by removing ``VA Form 40-4951, Order for
Flat Bronze Marker'' and adding, in its place, ``VA Form 40-4952, Order
for Headstone or Marker''.
847.305-70 [Amended]
119. Section 847.305-70 is amended by removing ``VA Marketing
Center'' and adding, in its place, ``VA National Acquisition Center''.
PART 849--TERMINATION OF CONTRACTS
120. The authority citation for part 849 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
849.106 [Amended]
121. Section 849.106 is amended by removing ``Materiel Management
will forward the submission'' and adding, in its place, ``Materiel
Management or the
[[Page 69223]]
Chief Facilities Management Officer, Office of Facilities Management,
will forward the submission''; by removing ``(93)'' each time it
appears and adding, in its place, ``(95)'', by removing ``Deputy
Assistant Secretary for Facilities (08)'' and adding, in its place,
``Chief Facilities Management Officer'', by removing ``from the Office
of Facilities'' and adding, in its place, ``from the Office of
Facilities Management'', and by removing ``or the Office of
Facilities'' each time it appears and adding, in its place, ``or the
Chief Facilities Management Officer, Office of Facilities
Management,''.
849.107 [Amended]
122. Section 849.107 is amended by removing ``Office of
Facilities'' and adding, in its place, ``Office of Facilities
Management'', by removing ``General for Policy, Planning and Resources
(53C)'' each time it appears and adding, in its place, ``General,
Office of Departmental Reviews and Management Support (53C)'', by
removing ``Office of General Counsel'' and adding, in its place,
``Office of the General Counsel'; and by removing ``(93D)'' and adding,
in its place, ``(95)''.
849.111-70 [Amended]
123. Section 849.111-70 is amended by removing ``Deputy Assistant
Secretary for Facilities'' and adding, in its place, ``Chief Facilities
Management Officer''.
849.111-72 [Amended]
124. In 849.111-72, paragraph (c) is amended by removing ``Deputy
Assistant Secretary for Facilities'' and adding, in its place, ``Chief
Facilities Management Officer''.
PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
125. The authority citation for part 852 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
852.203-71 [Amended]
126. Section 852.203-71 is amended by removing ``Office of the
Inspector General'' and adding, in its place, ``Office of Inspector
General''.
852.211-70 [Amended]
127. In 852.211-70, paragraph (d) is amended by removing ``852.210-
70(a)'' each time it appears and adding, in its place, ``852.211-
70(a)'' and by removing ``VA Supply Depot,''.
852.216-70 [Amended]
128. In 852.216-70 paragarph (a) is amended by removing ``Marketing
Center'' and adding, in its place, ``VA National Acquisition Center''.
852.222-70 [Amended]
129. Section 852.222-70 is amended by removing ``620'' and adding,
in its place, ``1720''.
852.236-88 [Amended]
130. Section 852.236-88 is amended in the introductory text by
removing ``15.804-2(a)(2)'' and adding, in its place, ``15.403-
4(a)(2)'' and in paragraphs (a) and (b) by removing ``15.804'' each
time it appears and adding, in its place, ``15.403'', by removing ``on
Standard Form 1411 (SF 1411), Contract Pricing Proposal Cover Sheet, in
accordance with FAR 15.804-6'' each time it appears and adding, in its
place, ``in accordance with FAR 15.403-5''.
131. In Sec. 852.236-89, the introductory paragraph is amended by
removing ``Special Notice'' will be inserted into the bid package, in
front of SF 20, Invitation for Bids'' and adding, in its place,
``provision will be included in solicitations for construction that
include FAR clause 52.225-5, Buy American Act--Construction
Materials''; and paragraph (a) of the clause is revised to read as
follows:
852.236-89 Buy American Act.
* * * * *
Buy American Act (Nov 1984)
(a) Reference is made to the clause entitled ``Buy American
Act--Construction Materials,'' FAR 52.225-5.
* * * * *
852.247-70 [Amended]
132. Section 852.247-70 is amended in the clause by removing ``for
not other'' and adding, in its place, ``for no other''.
133. The section heading for 852.270-3 is revised to read as
follows:
852.270-3 Purchase of shellfish.
852.271-73 [Amended]
134. Section 852.271-73 is amended in the clause by removing
``Chief Benefits Director'' and adding, in its place, ``Under Secretary
for Benefits''.
PART 853--FORMS
135. The authority citation for part 853 is revised to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
853.107 [Amended]
136. Section 853.107 is amended by removing ``(91)'' and adding, in
its place, ``(97)''.
PART 870--SPECIAL PROCUREMENT CONTROLS
137. 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).
870.114-3 [Amended]
138. Section 870.114-3 is amended in the introductory text by
removing ``Director, Facilities Engineering Service (085E)'' and
adding, in its place, ``Director, Network Program Support (10NB)''.
870.114-4 [Amended]
139. Section 870.114-4 is amended by removing ``VA Central Office,
Facilities Engineering Service (085E),'' and adding, in its place,
``The Director, Network Program Support (10NB), VA Central Office,''.
870-115 [Amended]
140. Section 870.115 is amended in paragraph (a) by removing
``Dietetic Service'' and adding, in its place, ``Nutrition and Food
Service''.
PART 871--LOAN GUARANTY AND VOCATIONAL REHABILITATION AND
COUNSELING PROGRAMS
141. The authority citation for part 871 continues to read as
follows:
Authority: 10 U.S.C. ch. 106, 107, 1606; 38 U.S.C. 501, ch. 30,
32, 35, 36, 37; 40 U.S.C. 486(c).
871.102 [Amended]
142. Section 871.102 is amended in paragraph (a) by removing
``Officers VA'' and adding, in its place, ``Officers, VA''.
[FR Doc. 98-33163 Filed 12-15-98; 8:45 am]
BILLING CODE 8320-01-P