[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
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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
