[Federal Register Volume 64, Number 107 (Friday, June 4, 1999)]
[Proposed Rules]
[Pages 29981-29983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13886]
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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: Proposed rule.
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SUMMARY: This document proposes to amend the Department of Veterans
Affairs Acquisition Regulation (VAAR) concerning simplified acquisition
procedures. It proposes to amend VAAR provisions to conform to the
Federal Acquisition Regulation, to update references and section
titles, and to remove obsolete material.
DATES: Comments must be received on or before August 3, 1999.
ADDRESSES: Mail or hand-deliver written comments to: Director, Office
of Regulations Management (02D), Department of Veterans Affairs, 810
Vermont Ave., NW, Room 1154, Washington, DC 20420. Comments should
indicate that they are submitted in response to ``RIN 2900-AJ16.'' All
written comments will be available for public inspection in the Office
of Regulations Management, Room 1158, between the hours of 8:00 a.m.
and 4:30 p.m., Monday through Friday (except holidays).
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: Part 13 of the Federal Acquisition
Regulation (FAR) was recently reorganized. This document proposes to
amend part 813 of the Department of Veterans Affairs Acquisition
Regulation (VAAR) to correspond to the newly reorganized FAR. Part,
subpart, and section titles and/or numbers are proposed to be revised
as necessary to correspond to FAR changes.
This document proposes to add, at appropriate locations in the
VAAR, references to Office of Management and Budget approved forms used
by VA in its Integrated Funds Distribution, Control Point Activity,
Accounting, and Procurement (IFCAP) system, a computerized purchasing
and accounting system. In addition, it is proposed to delete an
obsolete reference to VAAR section 801.670-15 that previously was
removed from the VAAR.
It is proposed to redesignate 813.507 as 813.302-5 to correspond to
the FAR and to revise the advice to contracting officers provided
therein. Currently, the VAAR advises contracting officers to attach a
copy of the clause found at 852.237-70, Contractor responsibilities, to
a purchase order for services performed on Government property. It is
proposed to revise this section to advise contracting officers to
incorporate the referenced clause in the purchase order rather than to
just attach a copy of the clause to the order. This change is necessary
to ensure that the purchase order clearly shows that the clause is part
of the order.
It is proposed to delete sections 808.404-1 and 808.404-3. These
sections address various requirements regarding the mandatory use of
FSS contracts. FSS contracts no longer provide for mandatory use,
making these sections obsolete.
It is proposed to amend part 812 by adding the provision at section
852.252-1, Provisions and clauses requiring completion by the offeror
or prospective contractor, to the list of provisions and clauses at
section 812.301(c) for use in commercial item solicitations. The
provision is set forth in full in section 852.252-1 of this proposed
rule. This is necessary to inform bidders and offerors on commercial
item solicitations of FAR requirements.
Instead of including the full text of provisions and clauses, the
FAR at 52.102(c) allows agencies to incorporate agency approved
provisions and clauses by reference, provided the contracting officer:
(1) identifies all provisions and clauses that require completion by
the offeror or prospective contractor; (2) specifies that the
provisions and clauses must be completed by the offeror or prospective
contractor and must be submitted with the quotation or offer; and (3)
identifies to the offeror or prospective contractor at least one
electronic address where the full text may be accessed. This rule
proposes to add section 852.102, paragraph (a), and section 852.252-1,
Provisions or clauses requiring completion by the offeror or
prospective contractor, to allow VA to meet the requirements of FAR
52.102(c)(1) and (c)(2) for incorporating approved provisions and
clauses by reference.
Some FAR and VAAR provisions and clauses require the contracting
officer to fill in needed information. If these provisions or clauses
are incorporated by reference, that information would be missing from
the solicitation or contract. This rule proposes to add paragraph
852.102(b) to require contracting officers to include in full text the
title and the paragraph of any provision or clause that requires the
contracting officer to provide information. The balance of the
provision or clause may be included by reference. This will ensure that
the information required by these provisions or clauses will be
included in solicitations or contracts.
The FAR at 52.102(c) and 52.102(c)(3) allows agencies to
incorporate agency approved provisions and clauses by reference,
provided the contracting officer identifies to the offeror or
prospective contractor at least one electronic address where the full
text may be accessed. The FAR, at 52.252-1 and 52.252-2, provides a
``fill in the blank'' provision and clause, respectively, for use by
contracting officers in meeting this requirement, but the FAR does not
provide an electronic address where the full texts of referenced
provisions and clauses may be accessed. This rule proposes to add
paragraphs (c), (d), (e), and (f) of section 852.102 to ensure
compliance with FAR 52.102(c) and 52.102(c)(3). Paragraphs (c) and (d)
advise contracting officers to include the applicable FAR provision or
clause in solicitations and contracts when 48 CFR Chapter 8 (VAAR)
provisions or clauses are incorporated by reference. In addition,
paragraphs (e) and (f) provide the electronic addresses where full
texts of both FAR and VAAR referenced provisions and clauses may be
accessed. These proposed changes are necessary to comply with FAR
52.102(c) and 52.102(c)(3).
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 revise the VAAR to correspond to the FAR and
would have a minuscule effect, if any, on small businesses.
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Therefore, pursuant to 5 U.S.C. 605(b), this 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: May 21, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
For the reasons set forth in the preamble, 48 CFR Chapter 8 is
proposed to be 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 designated 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).
7a. Subpart 813.1 is added to read as follows:
Subpart 813.1--Procedures
Subpart 813.5--[Redesignated as Subpart 813.3]
8. 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
9. Section 813.302 and heading are added to read as follows:
813.302 Purchase orders.
Sec. 813.505-2 [Redesignated as 813.307]
10. 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, 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 and 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 services not in excess of $300.
813.506-70 [Redesignated as 813.106-70]
11. 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 ``13.106c'' and adding, in its place, ``13.106-3''.
Sec. 813.507 [Redesignated as 813.302-5]
12. 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 incorporate in the purchase order the
Contractor's 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
13. The authority citation for part 852 continues to read as
follows:
Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).
14. Section 852.102 is added to read as follows:
Sec. 852.102 Incorporating provisions and clauses by reference.
(a) As authorized by FAR 52.102(c), any 48 CFR Chapter 8 (VAAR)
provision and clause may be included in a 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), contracting officers shall
include the provision at 852.252-1, Provisions or clauses requiring
completion by the offeror or prospective contractor, in full text in a
quotation, solicitation, or contract whenever 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 is
included by reference.
(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, include the title of the provision or clause and
the paragraph that requires completion in full text in the solicitation
and contract. The balance of the provision or clause may be included by
reference.
(c) When one or more FAR or 48 CFR Chapter 8 (VAAR) provisions, or
portions thereof, are included in a solicitation by reference, the
solicitation shall include the provision found at FAR 52.252-1,
Solicitation Provisions Incorporated by Reference.
(d) When one or more FAR or 48 CFR Chapter 8 (VAAR) clauses, or
portions thereof, are included in a contract by reference, the contract
shall include the clause found at FAR 52.252-2, Clauses Incorporated by
Reference.
(e) When one or more FAR provisions or clauses, or portions
thereof, are incorporated in a solicitation or contract
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by reference, the FAR provision or clause required by paragraph (c) or
(d) of this section shall include the following Internet address:
http://www.arnet.gov/far/
(f) When one or more 48 CFR Chapter 8 (VAAR) provisions or clauses,
or portions thereof, are incorporated in a solicitation or contract by
reference, the FAR provision or clause required by paragraph (c) or (d)
of this section shall include the following Internet address:
http://www.va.gov/oa&mm/vaar/
15. 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 by 852.102(a), the following provision shall be
included in full text in all quotations, solicitations, or contracts
that incorporate by reference any 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.
Provisions or Clauses That Require Completion by the Offeror or
Prospective Contractor (Date)
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 provision 52.252-1 or clause 52.252-2. 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
16. 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
17. 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 as stated in this
section:
(a) VA Forms 90-2138, Order for Supplies or Services, or 90-2138-
ADP, Purchase Order for Supplies or Services, shall be used as
indicated in 813.307. They will be used in lieu of but similar to OF
347, Order of Supplies and Services, or SF 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 to exceed $300 as prescribed in
813.307.
[FR Doc. 99-13886 Filed 6-3-99; 8:45 am]
BILLING CODE 8320-01-P
