[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
