66662 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 

Federal Communications Commission. 

Marlene Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2018–28124 Filed 12–26–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

48 CFR Parts 817 and 852 

RIN 2900–AQ19 

VA Acquisition Regulation: Special 

Contracting Methods 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is proposing to amend and 

update its VA Acquisition Regulation 

(VAAR) in phased increments to revise 

or remove any policy superseded by 

changes in the Federal Acquisition 

Regulation (FAR), to remove any 

procedural guidance that is internal to 

VA into the VA Acquisition Manual 

(VAAM), and to incorporate new 

regulations or policies. These changes 

seek to streamline and align the VAAR 

with the FAR and remove outdated and 

duplicative requirements and reduce 

burden on contractors. The VAAM 

incorporates portions of the removed 

VAAR as well as other internal agency 

acquisition policy. VA will rewrite 

certain parts of the VAAR and VAAM, 

and as VAAR parts are rewritten, VA 

will publish them in the Federal 

Register. VA will combine related 

topics, as appropriate. In particular, this 

rulemaking revises VAAR concerning 

Special Contracting Methods and 

Solicitation Provisions and Contract 

Clauses. 

DATES: Comments must be received on 

or before February 25, 2019 to be 

considered in the formulation of the 

final rule. 

ADDRESSES: Written comments may be 

submitted through 

www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy 

and Management (00REG), Department 

of Veterans Affairs, 810 Vermont 

Avenue NW, Room 1063B, Washington, 

DC 20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AQ19—VA Acquisition Regulation: 

Special Contracting Methods.’’ Copies of 

comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8:00 

a.m. and 4:30 p.m., Monday through 

Friday (except holidays). Please call 

(202) 461–4902 for an appointment. 

(This is not a toll-free number.) In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rafael N. Taylor, Senior Procurement 

Analyst, Procurement Policy and 

Warrant Management Services, 003A2A, 

425 I Street NW, Washington, DC 20001, 

(202) 382–2787. (This is not a toll-free 

number.) 

SUPPLEMENTARY INFORMATION: 

Background 

This rulemaking is issued under the 

authority of the Office of Federal 

Procurement Policy (OFPP) Act, which 

provides the authority for an agency 

head to issue agency acquisition 

regulations that implement or 

supplement the FAR. 

VA is proposing to revise the VAAR 

to add new policy or regulatory 

requirements and to remove any 

redundant guidance and guidance that 

is applicable only to VA’s internal 

operating processes or procedures. 

Codified acquisition regulations may be 

amended and revised only through 

rulemaking. All amendments, revisions, 

and removals have been reviewed and 

concurred with by VA’s Integrated 

Product Team of agency stakeholders. 

The VAAR uses the regulatory 

structure and arrangement of the FAR 

and headings and subject areas are 

consistent with FAR content. The VAAR 

is divided into subchapters, parts (each 

of which covers a separate aspect of 

acquisition), subparts, and sections. 

The Office of Federal Procurement 

Policy Act, as codified in 41 U.S.C. 

1707, provides the authority for the 

Federal Acquisition Regulation and for 

the issuance of agency acquisition 

regulations consistent with the FAR. 

When Federal agencies acquire 

supplies and services using 

appropriated funds, the purchase is 

governed by the FAR, set forth at Title 

48 Code of Federal Regulations (CFR), 

chapter 1, parts 1 through 53, and the 

agency regulations that implement and 

supplement the FAR. The VAAR is set 

forth at Title 48 CFR, chapter 8, parts 

801 to 873. 

Discussion and Analysis 

The VA proposes to make the 

following changes to the VAAR in this 

phase of its revision and streamlining 

initiative. For procedural guidance cited 

below that is proposed to be deleted 

from the VAAR, each section cited for 

removal is being considered for 

inclusion in VA’s internal agency 

operating procedures in accordance 

with FAR 1.301(a)(2). Similarly, 

delegations of authorities that are 

removed from the VAAR will be 

included in the VAAM as internal 

agency guidance. The VAAM is being 

created in parallel with these revisions 

to the VAAR and is not subject to the 

rulemaking process as they are internal 

VA procedures and guidance. Therefore, 

the VAAM will not be finalized until 

corresponding VAAR parts are finalized, 

and it is not yet available on line. 

VAAR Part 817—Special Contracting 

Methods 

Under part 817, we propose to add 41 

U.S.C. 1702 which addresses the 

acquisition planning and management 

responsibilities of Chief Acquisition 

Officers and Senior Procurement 

Executives, to include implementation 

of unique procurement policies, 

regulations and standards of the 

executive agency, as an authority to the 

publishing of this part. We also propose 

to add 38 U.S.C. 8128 as the authority 

for the Veterans First Contracting 

Program which applies to this part. We 

also propose to add 41 U.S.C. 1303 

which provides that executive agencies 

may issue regulations essential to 

implement Government-wide policies 

and procedures within the agency and 

additional policies and procedures 

required to satisfy the specific and 

unique needs of the agency. We also 

propose to add 48 CFR 1.301–1.304 as 

the basic authority for agencies to issue 

supplemental regulations and 

procedures to the FAR. The authorities 

cited for this part are 38 U.S.C. 8127– 

8128; 41 U.S.C. 1303; 41 U.S.C. 1702 

and 48 CFR 1.301–1.304. 

We propose to remove subpart 817.1, 

Multi-year Contracting, in its entirety 

since it deals with internal procedures 

about the uses of multi-year contracting 

and internal approvals to be obtained. 

We propose to remove subpart 817.2 

in its entirety by removing 817.202, Use 

of options, and 817.204, Contracts. 

817.202 consists of internal procedures 

to develop solicitations and cost 

comparisons under Office of 

Management and Budget Circular A–76. 

Since there is currently a moratorium on 

A–76 contracts this will not be moved 

to the VAAM. 817.204, Contracts, 

contains internal procedures and 

approvals to be obtained for contracts 

with option periods greater than five 

years, and this coverage will be moved 

to the VAAM. 

We propose removing subpart 817.4, 

Leader Company Contracting, and 

817.402, Limitations, since they include 

internal procedures and approval 

requirements for leader company 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 66663 

contracts. The coverage will be moved 

to the VAAM. 

We propose to revise the title of 

subpart 817.5 to read ‘‘Interagency 

Acquisitions.’’ In the newly added 

817.501, General, we propose to require 

any governmental entity that acquires 

goods and services on behalf of the 

Department of Veterans Affairs shall 

comply, to the maximum extent 

feasible, with the provisions of 38 

U.S.C. 8127 and 8128, and the Veterans 

First Contracting Program as 

implemented at subpart 819.70. 

We propose to remove 817.502, 

General, which is replaced with 

updated policy in 817.501. The coverage 

was moved to comport with the 

numbering in the FAR. 

We propose to add subpart 817.70, 

Undefinitized Contract Actions, to 

provide policy and procedures for use of 

this type of action. Coverage is proposed 

as undefinitized contract actions (UCAs) 

are a high-risk method of procurement; 

accordingly, we propose to add 

guidance to mitigate the risks associated 

with UCAs. 

We proposed to add 817.7000, Scope, 

which describes the material being 

introduced in this subpart. 

We propose to add 817.7001, 

Definitions, to provide definitions of 

four terms used in the subpart: contract 

action, definitization, definitization 

proposal, and undefinitized contract 

action. 

We propose to add 817.7002, 

Exceptions, to exempt simplified 

acquisitions and congressionally 

mandated long-lead procurement 

contracts from this policy, but to require 

the contracting officer to apply the 

policy and procedures to the maximum 

extent practicable. 

We propose to add 817.7003, Policy, 

which limits undefinitized contract 

actions to situations where it is not 

possible to negotiate a definitive 

contract action in time to meet the 

government’s requirements, and where 

the interests of the government demand 

that the contractor be given a 

commitment so that contract 

performance can begin immediately. 

We propose to add 817.7004, 

Limitations, with no text, and the 

following sections: 817.7004–1, 

Authorization, which provides guidance 

as to when the contracting officer must 

obtain approval to use an undefinitized 

contract action; and 817.7004–2, Price 

ceiling, which requires all undefinitized 

contract actions to include not-toexceed price ceilings. 

We propose to add 817.7004–3, 

Definitization schedule, which sets 

parameters for establishing 

definitization schedules and requires 

submission of a definitization proposal 

in accordance with the definitization 

schedule as a material element of the 

contract, where non-compliance may 

result in suspension or reduction of 

progress payments under FAR 32.503–6 

or other appropriate action. 

We propose to add 817.7004–4, 

Limitations on obligations, which 

provides guidance on setting limits on 

the obligations on undefinitized 

contract actions. 

We propose to add 817.7004–5, Final 

price negotiation—profit, which 

provides guidance on negotiating profit 

that reflects the contractor’s reduced 

cost risk prior to definitization. 

We propose to add 817.7005, Contract 

clause, which prescribes new clause 

852.217–70, Contract Action 

Definitization, for all UCAs, 

solicitations associated with UCAs, 

BOAs, IDIQ contracts, or any other type 

of contract providing for the use of 

UCAs. 

VAAR Part 852—Solicitation 

Provisions and Contract Clauses 

In subpart 852.2, Text of Provisions 

and Clauses, we propose to add clause 

852.217–70, Contract Action 

Definitization, to provide specific 

procedures required to definitize UCAs. 

Effect of Rulemaking 

Title 48, Federal Acquisition 

Regulations System, Chapter 8, 

Department of Veterans Affairs, of the 

Code of Federal Regulations, as 

proposed to be revised by this 

rulemaking, would represent VA’s 

implementation of its legal authority 

and publication of the VAAR for the 

cited applicable parts. Other than future 

amendments to this rule or governing 

statutes for the cited applicable parts, or 

as otherwise authorized by approved 

deviations or waivers in accordance 

with FAR subpart 1.4, Deviations from 

the FAR, and as implemented by VAAR 

subpart 801.4, Deviations from the FAR 

or VAAR, no contrary guidance or 

procedures would be authorized. All 

existing or subsequent VA guidance 

would be read to conform with the 

rulemaking if possible or, if not 

possible, such guidance would be 

superseded by this rulemaking as 

pertains to the cited applicable VAAR 

parts. 

Executive Orders 12866, 13563 and 

13771 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. E.O. 12866, Regulatory 

Planning and Review, defines 

‘‘significant regulatory action’’ to mean 

any regulatory action that is likely to 

result in a rule that may: ‘‘(1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

Governments or communities; (2) Create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order.’’ 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this regulatory action, 

and it has been determined not to be a 

significant regulatory action under E.O. 

12866. 

VA’s impact analysis can be found as 

a supporting document at http://

www.regulations.gov, usually within 48 

hours after the rulemaking document is 

published. Additionally, a copy of the 

rulemaking and its impact analysis are 

available on VA’s website at http://

www.va.gov/orpm by following the link 

for VA Regulations Published from FY 

2004 Through Fiscal Year to Date. This 

proposed rule is not expected to be an 

E.O. 13771 regulatory action because 

this proposed rule is not significant 

under E.O. 12866. 

Paperwork Reduction Act 

This proposed rule contains no 

provisions constituting a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521). 

Regulatory Flexibility Act 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. The 

overall impact of the proposed rule 

would be of benefit to small businesses 

as the VAAR is being updated to remove 

extraneous procedural information that 

applies only to VA’s internal operating 


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66664 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Proposed Rules 

procedures. VA estimates no cost 

impact to individual business would 

result from these rule updates. This 

rulemaking does not have an economic 

impact to individual businesses, and 

there are no increased or decreased 

costs to small business entities. On this 

basis, the proposed rule would not have 

an economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. Therefore, under 

5 U.S.C. 605(b), this regulatory action is 

exempt from the initial and final 

regulatory flexibility analysis 

requirements of sections 603 and 604. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

Governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule would 

have no such effect on State, local, and 

tribal Governments or on the private 

sector. 

List of Subjects 

48 CFR Part 817 

Government procurement. 

48 CFR Part 852 

Government procurement, Reporting 

and recordkeeping requirements. 

Signing Authority 

The Secretary of Veterans Affairs 

approved this document and authorized 

the undersigned to sign and submit the 

document to the Office of the Federal 

Register for publication electronically as 

an official document of the Department 

of Veterans Affairs. Robert L. Wilkie, 

Secretary, Department of Veterans 

Affairs, approved this document on 

December 17, 2018, for publication. 

Dated: December 17, 2018. 

Consuela Benjamin, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of the Secretary, Department of Veterans 

Affairs. 

For the reasons set out in the 

preamble, VA is proposing to amend 48 

CFR parts 817 and 852 as follows: 

PART 817—SPECIAL CONTRACTING 

METHODS 

■ 1. The authority citation for part 817 

is revised to read as follows: 

Authority: 38 U.S.C. 8127–8128; 41 U.S.C. 

1303; 41 U.S.C. 1702; and 48 CFR 1.301– 

1.304. 

■ 2. The Table of Contents is revised to 

read as follows: 

PART 817—SPECIAL CONTRACTING 

METHODS 

Sec. 

Subpart 817.1 [RESERVED] 

Subpart 817.2 [RESERVED] 

Subpart 817.4 [RESERVED] 

Subpart 817.5 Interagency Acquisitions 

817.501 General. 

Subpart 817.70 Undefinitized Contract 

Actions 

817.7000 Scope. 

817.7001 Definitions. 

817.7002 Exceptions. 

817.7003 Policy. 

817.7004 Limitations. 

817.7004–1 Authorization. 

817.7004–2 Price ceiling. 

817.7004–3 Definitization schedule. 

817.7004–4 Limitations on obligations. 

817.7004–5 Final price negotiation—profit. 

817.7005 Contract clause. 

Subpart 817.1 [Removed and 

Reserved] 

■ 3. Subpart 817.1 is removed and 

reserved. 

Subpart 817.2 [Removed and 

Reserved] 

■ 4. Subpart 817.2 is removed and 

reserved. 

Subpart 817.4 [Removed and 

Reserved] 

■ 5. Subpart 817.4 is removed and 

reserved. 

■ 6. Subpart 817.5 is revised to read as 

follows: 

817.5—Interagency Acquisitions 

817.501 General. 

(d) Any contract, agreement, or other 

arrangement with any governmental 

entity to acquire goods and services, 

including construction, that permits the 

governmental entity to acquire goods 

and services on behalf of the 

Department of Veterans Affairs shall 

include a requirement that the entity 

will comply, to the maximum extent 

feasible, with the provisions of 38 

U.S.C. 8127 and 8128, and the Veterans 

First Contracting Program as 

implemented at subpart 819.70. 

Accordingly, the governmental entity 

shall award contracts (see FAR 2.101 for 

the definition of contracts) to eligible 

service-disabled veteran-owned small 

businesses (SDVOSBs) and veteranowned small businesses (VOSBs) listed 

in the VA Vendor Information Pages 

(VIP) database to the maximum extent 

feasible. 

817.502 [Removed] 

■ 7. Section 817.502 is removed. 

■ 8. Subpart 817.70 is added to read as 

follows: 

Subpart 817.70—Undefinitized 

Contract Actions 

817.7000 Scope. 

This subpart prescribes policies and 

procedures for use of undefinitized 

contract actions. 

817.7001 Definitions. 

As used in this subpart— 

(a) Contract action includes: 

(1) Contracts and contract 

modifications for supplies or services. 

(2) Task orders and delivery orders. 

(3) It does not include change orders, 

administrative changes, funding 

modifications, or any other contract 

modifications that are within the scope 

and under the terms of the contract, e.g., 

engineering change proposals and value 

engineering change proposals. 

(b) Definitization means the 

agreement on, or determination of, 

contract terms, specifications, and price, 

which converts the undefinitized 

contract action to a definitive contract. 

(c) Definitization proposal means a 

proposal containing sufficient data for 

the VA to do complete and meaningful 

analyses and audits of the— 

(1) Data in the proposal; and 

(2) Any other data that the contracting 

officer has determined VA needs to 

review in connection with the contract. 

(d) Undefinitized contract action 

means any contract action for which the 

contract terms, specifications, or price 

are not agreed upon before performance 

is begun under the action. Examples are 

letter contracts and orders under basic 

ordering agreements for which the final 

price has not been agreed upon before 

performance has begun. 

817.7002 Exceptions. 

(a) The following undefinitized 

contract actions (UCAs) are not subject 

to this subpart: 

(1) Purchases at or below the 

simplified acquisition threshold. 

(2) Congressionally mandated longlead procurement contracts. 

(b) However, the contracting officer 

shall apply the policy and procedures to 

the contract actions in paragraph (a) to 

the maximum extent practicable. 

817.7003 Policy. 

Undefinitized contract actions shall— 

(a) Be used only when— 

(1) The negotiation of a definitive 

contract action is not possible in 

sufficient time to meet the 

Government’s requirements; and 

(2) The Government’s interest 

demands that the contractor be given a 


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binding commitment so that contract 

performance can begin immediately. 

(b) Be as complete and definite as 

practicable. 

817.7004 Limitations. 

817.7004–1 Authorization. 

The contracting officer shall obtain 

approval one level above the contracting 

officer before— 

(a) Entering into a UCA. The request 

for approval must fully explain the need 

to begin performance before 

definitization, including the adverse 

impact on the VA resulting from delays 

in beginning performance. 

(b) Including requirements for nonurgent items and equipment in a UCA. 

The request should show that inclusion 

of the non-urgent items is consistent 

with good business practices and in the 

best interest of the Government. 

(c) Modifying the scope of a UCA 

when performance has already begun. 

The request should show that the 

modification is consistent with good 

business practices and in the best 

interests of the Government. 

817.7004–2 Price ceiling. 

UCAs shall include a not-to-exceed 

price. 

817.7004–3 Definitization schedule. 

(a) UCAs shall contain definitization 

schedules that provide for definitization 

by the earlier of— 

(1) The date that is 180 days after 

issuance of the action (this date may be 

extended but may not exceed the date 

that is 180 days after the contractor 

submits a definitization proposal); or 

(2) The date on which the amount of 

funds paid to the contractor under the 

contract action is equal to more than 50 

percent of the not-to-exceed price. 

(b) Submission of a definitization 

proposal in accordance with the 

definitization schedule is a material 

element of the contract. If the contractor 

does not submit a timely definitization 

proposal, the contacting officer may 

suspend or reduce progress payments 

under FAR 32.503–6, or take other 

appropriate action. 

817.7004–4 Limitations on obligations. 

The Government shall not obligate 

more than 50 percent of the not-toexceed price before definitization. 

817.7004–5 Final price negotiation—profit. 

Before the final price of a UCA is 

negotiated, contracting officers shall 

ensure the profit agreed to and 

documented in the contract negotiation 

memorandum reflects consideration of 

any risks incurred in performance of the 

work under the UCA. 

817.7005 Contract clause. 

(a) Use the clause at 852.217–70, 

Contract Action Definitization, in— 

(1) All UCAs; 

(2) Solicitations associated with 

UCAs; 

(3) Orders against basic ordering 

agreements; 

(4) Indefinite delivery task orders; and 

(5) Any other type of contract 

providing for the use of UCAs. 

(b) Insert the applicable information 

in paragraphs (a), (b), and (d) of the 

clause. 

(c) If, at the time of entering into the 

UCA, the contracting officer knows that 

the definitive contract action will meet 

the criteria of FAR 15.403–1, 15.403–2, 

or 15.403–3 for not requiring 

submission of certified cost or pricing 

data, the words ‘‘and certified cost or 

pricing data’’ may be deleted from 

paragraph (a) of the clause. 

PART 852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 9. The authority citation for part 852 

continues to read as follows: 

Authority: 38 U.S.C. 8127–8128, and 8151– 

8153; 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 

41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR 

1.301–1.304. 

■ 10. Section 852.217–70 is added to 

read as follows: 

852.217–70 Contract Action Definitization. 

As prescribed in 817.7005(a), insert 

the following clause: 

Contract Action Definitization (Date) 

(a) All[Insert specific type of contract 

action] is contemplated. The Contractor 

agrees to begin promptly negotiating with the 

Contracting Officer the terms of a definitive 

contract action that will include (1) all 

clauses required by the Federal Acquisition 

Regulation (FAR) on the date of execution of 

the undefinitized contract action, (2) all 

clauses required by law on the date of 

execution of the definitive contract action, 

and (3) any other mutually agreeable clauses, 

terms, and conditions. The Contractor agrees 

to submit all[Insert type of proposal, e.g., 

fixed-price, or cost-and-fee] proposal with 

cost or pricing data, as appropriate, 

supporting it. 

(b) The schedule for definitizing this 

contract action is as follows [Insert target 

date for definitization of the contract action 

and dates for submission of proposal, 

beginning of negotiations, and, if 

appropriate, submission of the make-or-buy 

plans, subcontracting plans, and cost or 

pricing data]. 

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(c) If agreement on a definitive contract 

action to supersede this undefinitized 

contract action is not reached by the target 

date in paragraph (b) of this clause, or within 

any extension of it granted by the Contracting 

Officer, the Contracting Officer may, with the 

approval of a Contracting Officer one level 

above, determine a reasonable price or fee in 

accordance with FAR subpart 15.4 and FAR 

part 31, subject to Contractor appeal as 

provided in the Disputes clause. In any 

event, the Contractor shall proceed with 

completion of the contract, subject only to 

FAR 52.216–24, Limitation of Government 

Liability. 

(1) After the Contracting Officer’s 

determination of price or fee, the contract 

shall be governed by— 

(i) All clauses required by the FAR on the 

date of execution of this undefinitized 

contract action for either fixed-price or costreimbursement contracts, as determined by 

the Contracting Officer under this paragraph 

(c); 

(ii) All clauses required by law as of the 

date of the Contracting Officer’s 

determination; and 

(iii) Any other clauses, terms, and 

conditions mutually agreed upon. 

(2) To the extent consistent with paragraph 

(c)(1) of this clause, all clauses, terms, and 

conditions included in this undefinitized 

contract action shall continue in effect, 

except those that by their nature apply only 

to an undefinitized contract action. 

(d) The definitive contract action resulting 

from this undefinitized contract action will 

include a negotiatedll[Insert ‘‘cost/price 

ceiling’’ or ‘‘firm-fixed-price’’] in no event to 

exceedll[Insert the not-to-exceed amount]. 

(End of clause) 

[FR Doc. 2018–27591 Filed 12–26–18; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 180716667–8667–01] 

RIN 0648–BI36 

International Fisheries; Pacific Tuna 

Fisheries; 2019 and 2020 Commercial 

Fishing Restrictions for Pacific Bluefin 

Tuna in the Eastern Pacific Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) is proposing 

regulations under the Tuna Conventions 

Act of 1950 (TCA) to implement InterAmerican Tropical Tuna Commission 

(IATTC) Resolution C–18–01 (Measures 

for the Conservation and Management 

of Bluefin Tuna in the Eastern Pacific 


khammond on DSK30JT082PROD with PROPOSAL