[Federal Register Volume 64, Number 240 (Wednesday, December 15, 1999)]
[Rules and Regulations]
[Pages 69934-69935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32405]


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DEPARTMENT OF VETERANS AFFAIRS

48 CFR Parts 808, 812, 813, 852 and 853

RIN 2900-AJ16


VA Acquisition Regulation: Simplified Acquisition Procedures

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs 
Acquisition Regulation (VAAR) concerning simplified acquisition 
procedures. It amends VAAR provisions to conform to the Federal 
Acquisition Regulation, to update references and section titles, and to 
remove obsolete material. It also makes non-substantive changes for 
purposes of clarity.

EFFECTIVE DATE: December 15, 1999.

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, telephone 
number (202) 273-8819.

SUPPLEMENTARY INFORMATION: On June 4, 1999, we published in the Federal 
Register (64 FR 29981) a proposal to amend the Department of Veterans 
Affairs Acquisition Regulation (VAAR) to make changes relating to 
simplified acquisition procedures (VAAR part 813 and related parts). 
Comments were solicited concerning the proposal for 60 days, ending 
August 3, 1999. We did not receive any comments. The information 
presented in the proposed rule document still provides a basis for this 
final rule. Based on the rationale set forth in this document and in 
the proposed rule document, we are adopting the provisions of the 
proposed rule as a final rule with no changes, other than non-
substantive changes for purposes of clarity.
    The Secretary hereby certifies that this final 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 final rule does not make any substantive changes to the 
VA Acquisition Regulation and would have little, if any, impact on 
small businesses. Therefore, pursuant to 5 U.S.C. 605(b), this final 
rule is exempt from the initial and final regulatory flexibility 
analysis requirements of sections 603 and 604.

List of Subjects

48 CFR Part 808

    Government procurement, Utilities.

48 CFR Parts 812, 813 and 853

    Government procurement.

48 CFR Part 852

    Government procurement, Reporting and recordkeeping requirements.

    Approved: November 18, 1999.
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 808--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    1. The authority citation for part 808 continues to read as 
follows:

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


808.404-1  [Removed]

    2. Section 808.404-1 is removed.


808.404-3  [Removed]

    3. Section 808.404-3 is removed.

PART 812--ACQUISITION OF COMMERCIAL ITEMS

    4. The authority citation for part 812 continues to read as 
follows:

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

    5. In section 812.301, paragraphs (c)(13), (c)(14), and (c)(15) are 
redesignated as paragraphs (c)(14), (c)(15), and (c)(16), respectively; 
newly redesignated paragraph (c)(16) is revised and a new paragraph 
(c)(13) is added to read as follows:


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

* * * * *
    (c) * * *
    (13) 852.252-1, Provisions or clauses requiring completion by the 
offeror or prospective contractor.
* * * * *
    (16) 852.270-3, Purchase of shellfish.
* * * * *

PART 813--SIMPLIFIED ACQUISITION PROCEDURES

    6. The part heading for part 813 is revised to read as set forth 
above.
    7. The authority citation for part 813 is revised to read as 
follows:

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

    8. Subpart 813.1 is added to read as follows:

Subpart 813.1--Procedures

Subpart 813.5 [Redesignated as Subpart 813.3]

    9. Subpart 813.5 is redesignated as subpart 813.3; and the subpart 
heading is revised to read as follows:

Subpart 813.3--Simplified Acquisition Methods

    10. Section 813.302 and heading are added to read as follows:


813.302  Purchase orders.


813.305-2  [Redesignated as 813.307]

    11. Section 813.505-2 is redesignated as 813.307 and is transferred 
to subpart 813.3; the section heading and paragraphs (a) and (e) are 
revised to read as follows:


813.307  Forms.

    (a) VA Form 90-2138, Order for Supplies or Services, VA Form 90-
2139,

[[Page 69935]]

Order for Supplies or Services (Continuation), VA Form 90-2138-ADP, 
Purchase Order for Supplies or Services, and VA Form 2139-ADP, Order 
for Supplies and Services (Continuation), provide in one set of forms a 
purchase or delivery order, vendor's invoice, and receiving report. 
They will be used in lieu of but in the same manner as Optional Form 
347, Order for Supplies or Services, Optional Form 348, Order for 
Supplies or Services Schedule--Continuation, and Standard Form 1449, 
Solicitation/Contract/Order for Commercial Items.
* * * * *
    (e) VA Form 10-2421, Prosthetics Authorization and Invoice, will be 
used for indicated procurements not in excess of $300.


813.506-70  [Redesignated as 813.106-70]

    12. Section 813.506-70 is redesignated as 813.106-70 and is 
transferred to the beginning of subpart 813.1; and is amended by 
removing ``13.106(c)'' and adding, in its place, ``13.106-3''.


813.507  [Redesignated as 813.302-5]

    13. Section 813.507 is redesignated as 813.302-5 and is transferred 
to subpart 813.3 following section 813.302; and is revised to read as 
follows:


813.302-5  Clauses.

    When using VA Forms 90-2138 or 90-2138-ADP for maintenance 
contracts involving services performed on Government property which 
have the potential for property damage and liability claims, the 
contracting officer shall insert in the purchase order the Contractor 
Responsibilities clause found at 852.237-70. Applicable maintenance 
contracts include but are not limited to window washing, pest control, 
and elevator maintenance.

PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    14. The authority citation for part 852 continues to read as 
follows:

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

    15. Section 852.102 is added to read as follows:


852.102  Incorporating provisions and clauses by reference.

    (a) As authorized by FAR 52.102(c), any 48 CFR chapter 8 (VAAR) 
provision or clause may be incorporated in a quotation, solicitation, 
or contract by reference, provided the contracting officer complies 
with the requirements stated in FAR 52.102(c)(1), (c)(2), and (c)(3). 
To ensure compliance with FAR 52.102(c)(1) and (c)(2), the contracting 
officer shall insert the provision found at 852.252-1, Provisions or 
clauses requiring completion by the offeror or prospective contractor, 
in full text in a quotation, solicitation, or contract if the 
quotation, solicitation, or contract incorporates by reference a FAR or 
48 CFR chapter 8 (VAAR) provision or clause that requires completion by 
the offeror or prospective contractor and submittal with the quotation 
or offer.
    (b) For any FAR or 48 CFR chapter 8 (VAAR) provision or clause that 
requires completion by the contracting officer, the contracting officer 
shall, as a minimum, insert in the quotation, solicitation, or contract 
the title of the provision or clause and the full text of the paragraph 
that requires completion. The balance of the provision or clause may be 
incorporated by reference.
    (c) If one or more FAR or 48 CFR chapter 8 (VAAR) provisions, or 
portions thereof, are incorporated in a quotation or solicitation by 
reference, the contracting officer shall insert in the quotation or 
solicitation the provision found at FAR 52.252-1, Solicitation 
Provisions Incorporated by Reference.
    (d) If one or more FAR or 48 CFR chapter 8 (VAAR) clauses, or 
portions thereof, are incorporated in a quotation, solicitation, or 
contract by reference, the contracting officer shall insert in the 
quotation, solicitation, or contract the clause found at FAR 52.252-2, 
Clauses Incorporated by Reference.
    (e) If one or more FAR provisions or clauses, or portions thereof, 
are incorporated in a quotation, solicitation, or contract by 
reference, the contracting officer shall insert in the FAR provision or 
clause required by paragraph (c) or (d) of this section the following 
Internet address: http://www.arnet.gov/far/
    (f) If one or more 48 CFR chapter 8 (VAAR) provisions or clauses, 
or portions thereof, are incorporated in a quotation, solicitation, or 
contract by reference, the contracting officer shall insert in the FAR 
provision or clause required by paragraph (c) or (d) of this section 
the following Internet address: http://www.va.gov/oa&mm/vaar/
 16. Section 852.252-1 is added to read as follows:


852.252-1  Provisions or clauses requiring completion by the offeror or 
prospective contractor.

    As prescribed in 852.102(a), insert the following provision:

PROVISIONS OR CLAUSES THAT REQUIRE COMPLETION BY THE OFFEROR OR 
PROSPECTIVE CONTRACTOR (DEC 1999)

    The following provisions or clauses incorporated by reference in 
this solicitation must be completed by the offeror or prospective 
contractor and submitted with the quotation or offer. Copies of 
these provisions or clauses are available on the Internet at the web 
sites provided in the provision at FAR 52.252-1, Solicitation 
Provisions Incorporated by Reference, or the clause at FAR 52.252-2, 
Clauses Incorporated by Reference. Copies may also be obtained from 
the contracting officer.
    [Contracting officer shall list all FAR and 48 CFR Chapter 8 
(VAAR) provisions and clauses incorporated by reference that must be 
completed by the offeror or prospective contractor and submitted 
with the quotation or offer.]

(End of provision)

PART 853--FORMS

    17. 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).

Subpart 853.2--Prescription of Forms

    18. Section 853.213 is revised to read as follows:


853.213  Simplified acquisition procedures.

    The following forms are prescribed as stated in this section for 
use in simplified acquisition procedures, orders under existing 
contracts or agreements, orders from required sources of supplies and 
services, and orders for other supplies or services:
    (a) VA Forms 90-2138, Order for Supplies or Services, or 90-2138-
ADP, Purchase Order for Supplies or Services, shall be used as stated 
in 813.307. They will be used in lieu of Optional Form 347, Order for 
Supplies and Services, or Standard Form 1449, Solicitation/Contract/
Order for Commercial Items.
    (b) The following forms are for use for obtaining indicated medical 
and dental services within the limitations prescribed in 813.307:
    (1) VA Form 10-7078, Authorization and Invoice for Medical and 
Hospital Services.
    (2) VA Form 10-7079, Request for Outpatient Medical Services.
    (3) VA Form 10-2570d, Dental Record, Authorization and Invoice for 
Outpatient Services.
    (c) VA Form 10-2511, Authority and Invoice for Travel by Ambulance 
or Other Hired Vehicle, will be used as prescribed in 813.307.
    (d) VA Form 10-2421, Prosthetics Authorization and Invoice, will be 
used for indicated procurements not in excess of $300 as prescribed in 
813.307.

[FR Doc. 99-32405 Filed 12-14-99; 8:45 am]
BILLING CODE 8320-01-P