44932 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

direct final rules section of this issue of

the Federal Register.

Electronic Submittal of Comments

Comments and data may be submitted

in hard copy or electronically.

Electronic submittals should be sent to

A-and-R-Docket@epamail.epa.gov. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Electronic comments must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Electronic comments on this

proposed rule may be filed online at

many Federal Depository Libraries.

Comments and data will also be

accepted on disks in WordPerfect 5.1 or

6.1 file format or ASCII file format. All

comments and data for this proposal,

whether in paper form or in electronic

forms such as through e-mail or on disk,

must be identified by the docket number

A–90–45/Section VIII–D.

Executive Order 12866 Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), EPA must

determine whether the regulatory action

is ‘‘significant’’ and, therefore, subject to

OMB review and the requirements of

the Executive Order. The EPA

considered the 1995 guidelines and

standards to be significant and the rules

were reviewed by OMB in 1995 (see 60

FR 65405). The amendments proposed

today would not result in any additional

control requirements and this regulatory

action is considered ‘‘not significant’’

under Executive Order 12866.

Unfunded Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a statement to accompany any

rule where the estimated costs to State,

local, or tribal governments, or to the

private sector will be $100 million or

more in any 1 year. Section 203 requires

EPA to establish a plan for informing

and advising any small governments

that may be significantly impacted by

the rule. An unfunded mandates

statement was prepared and published

in the 1995 promulgation notice (see 60

FR 65405 to 65412).

The EPA has determined that the

proposed amendments do not include

any new Federal mandates. Therefore,

the requirements of the Unfunded

Mandates Act do not apply to this

proposed rule.

Regulatory Flexibility Act (RFA)

Section 605 of the RFA requires

Federal agencies to give special

consideration to the impacts of

regulations on small entities, which are

small businesses, small organizations,

and small governments. During the 1995

rulemaking, EPA estimated that few, if

any, small entities would be affected by

the promulgated guidelines and

standards and, therefore, a regulatory

flexibility analysis was not required (see

60 FR 65413). The rules as amended

today would not establish any new

requirements; therefore, pursuant to the

provisions of 5 U.S.C. 605(b), EPA

certifies that the amendments to the

guidelines and standards will not have

a significant impact on a substantial

number of small entities, and a

regulatory flexibility analysis is not

required.

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Reporting and

recordkeeping requirements.

Dated: August 15, 1997.

Carol M. Browner,

Administrator.

[FR Doc. 97–22371 Filed 8–22–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–175; RM–9138]

Radio Broadcasting Services; Presho,

SD

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by West

Wind Broadcasting proposing the

allotment of Channel 262A at Presho,

South Dakota, as the community’s first

local aural transmission service.

Channel 262A can be allotted to Presho

in compliance with the Commission’s

minimum distance separation

requirements at city reference

coordinates. The coordinates for

Channel 262A at Presho are North

Latitude 43–54–24 and West Longitude

100–03–36.

DATES: Comments must be filed on or

before October 6, 1997, and reply

comments on or before October 21,

1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: Victor A. Michael, Jr.,

President, West Wind Broadcasting, c/o

Magic City Media, 1912 Capitol Avenue,

Suite 300, Cheyenne, Wyoming

82001(Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–175, adopted August 6, 1997, and

released August 15, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–22406 Filed 8–22–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF VETERANS

AFFAIRS

48 CFR Parts 810, 811, 812, 836, 852

and 870

RIN 2900–AI05

VA Acquisition Regulations:

Commercial Items

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs Acquisition Regulations (VAAR)

concerning the acquisition of

commercial items. It is proposed to

amend VAAR provisions to conform to
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44933

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

proposes to set forth VAAR provisions

and clauses for use by contracting

officers for commercial item

solicitations and contracts. These

provisions and clauses appear to be

warranted for use in commercial item

solicitations and contracts. This

document also requests Paperwork

Reduction Act comments concerning

collection of information regarding

clauses and provisions for use in both

commercial and non-commercial item,

service, and construction solicitations

and contracts.

DATES: Comments must be received on

or before October 24, 1997.

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-AI05.’’ 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, (202) 273–8819.

SUPPLEMENTARY INFORMATION:

Background

This document proposes to transfer to

Part 811 the material currently

contained in Parts 810 and 812 to

conform to the corresponding

numbering of the FAR, to renumber and

rename other provisions to conform to

the FAR, to delete obsolete references

and titles, and to update references and

titles.

Regulations in the FAR that required

the use of Federal specifications have

been removed. Accordingly,

implementing and supplementing

regulations contained in VAAR Part 810

regarding mandatory use of Federal

specifications are proposed to be

removed to correspond with the FAR.

The VAAR contains a number of

provisions and clauses set forth in Part

852. This document proposes to amend

VAAR Part 812.301 to incorporate

certain of those provisions and clauses

specifically for use in VA commercial

item solicitations and contracts.

Contracting officers would use these

provisions and clauses where

appropriate for commercial item

solicitations and contracts that exceed

the micro-purchase threshold. The

provisions and clauses could be used by

contracting officers for commercial item

procurements below the micro-purchase

threshold when determined by the

contracting officer to be in the

Government’s best interest. The FAR, at

48 CFR 12.301(f), states that agencies

may supplement the provisions and

clauses prescribed in Part 12 of the FAR

as necessary to reflect agency unique

statutes applicable to the acquisition of

commercial items or as may be

approved by the agency senior

procurement executive. These

provisions and clauses have been

approved by the VA Senior Procurement

Executive specifically for use in

commercial item solicitations and

contracts. Accordingly, it is proposed

that the following VAAR provisions and

clauses, which are set forth at 48 CFR

Chapter 8, Part 852, would apply to

commercial item solicitations and

contracts for the reasons stated.

Veteran-Owned Small Business

1. 852.219–70, Veteran-Owned Small

Business (DEC 1990). The offeror

represents that the firm submitting this

offer (——) is (——) is not, a veteranowned small business, (——) is (——) is

not, a Vietnam era veteran-owned small

business, and (——) is (——) is not, a

disabled veteran-owned small business.

A veteran-owned small business is

defined as a small business, at least 51

percent of which is owned by a veteran

who also controls and operates the

business. Control in this context means

exercising the power to make policy

decisions. Operate in this context means

actively involved in the day-to-day

management. For the purpose of this

definition, eligible veterans include:

(a) A person who served in the U.S.

Armed Forces and who was discharged

or released under conditions other than

dishonorable.

(b) Vietnam era veterans who served

for a period of more than 180 days, any

part of which was between August 5,

1964, and May 7, 1975, and were

discharged under conditions other than

dishonorable.

(c) Disabled veterans with a minimum

compensable disability of 30 percent, or

a veteran who was discharged for

disability. Failure to execute this

representation will be deemed a minor

informality and the bidder or offeror

shall be permitted to satisfy the

requirement prior to award (see FAR

14.405).

(End of Provision)

The above Veteran-Owned Small

Business provision would help support

VA’s policy to assist small businesses

owned by veterans or by disabled

veterans. The information gathered

would allow VA to ensure that such

firms are given an opportunity to

participate in VA acquisitions. Without

such information, VA’s outreach efforts

would be hindered.

Commercial Advertising

2. 852.270–4, Commercial Advertising

(NOV 1984).

The bidder or offeror agrees that if a

contract is awarded to him/her, as a

result of this solicitation, he/she will

not advertise the award of the contract

in his/her commercial advertising in

such a manner as to state or imply that

the Department of Veterans Affairs

endorses a product, project or

commercial line of endeavor.

(End of clause)

The above Commercial Advertising

clause is required to ensure that firms

do not imply or claim in their

advertising that VA endorses the firms’

products or services.

Guarantee

3. 852.210–71, Guarantee (NOV 1984).

The contractor guarantees the

equipment against defective material,

workmanship and performance for a

period of [ ],* said guarantee to run

from date of acceptance of the

equipment by the Government. The

contractor agrees to furnish, without

cost to the Government, replacement of

all parts and material which are found

to be defective during the guarantee

period. Replacement of material and

parts will be furnished to the

Government at the point of installation,

if installation is within the continental

United States, or f.o.b. the continental

U.S. port to be designated by the

contracting officer if installation is

outside of the continental United States.

Cost of installation of replacement

material and parts shall be borne by the

contractor.**

(End of clause)

*Normally, insert one year. If industry

policy covers a shorter or longer period, i.e.,

90 days or for the life of the equipment,

insert such period.

**The above clause will be modified to

conform to standards of the industry

involved.

Regarding the above Guarantee clause,

the FAR does not have a guarantee

clause. Rather, contracting officers are

expected to draft individual clauses for

each acquisition. This clause is drafted

to conform to commercial practices,
44934 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

would reduce VA administrative costs

when drafting solicitations, and would

assist VA contracting officers by having

a uniform guarantee clause for use in all

acquisitions.

Rejected Goods

Contracting officers may include the

following clause in contracts for

property, except for contracts for

packing house and dairy products,

bread and bakery products, and for fresh

and frozen fruits and vegetables.

4. 852.210–72, Rejected Goods (NOV

1984).

Rejected goods will be held subject to

contractor’s order for not more than 15

days, after which the rejected

merchandise will be returned to the

contractor’s address at his/her risk and

expense. Expenses incident to the

examination and testing of materials or

supplies which have been rejected will

be charged to the contractor’s account.

(End of clause)

Contracts for packing house and dairy

products, bread and bakery products,

and for fresh and frozen fruits and

vegetables would contain the following

clause:

5. 852.210–72, Rejected Goods (NOV

1984).

The contractor shall remove rejected

supplies within 48 hours after notice of

rejection. Supplies determined to be

unfit for human consumption will not

be removed without permission of the

local health authorities. Supplies not

removed within the allowed time may

be destroyed. The Department of

Veterans Affairs will not be responsible

for nor pay for products rejected. The

contractor will be liable for costs

incident to examination of rejected

products.

(End of clause)

Regarding the two above Rejected

Goods clauses, the FAR does not

include a clause on how to handle

rejected goods. The Uniform

Commercial Code (UCC) provides that a

buyer (VA) is under a duty to hold

rejected goods for a time sufficient to

permit the seller to remove them. The

clause numbered as ‘‘4’’ sets forth a 15-

day limit on holding nonperishable

goods and the clause numbered as ‘‘5’’

sets forth a 48-hour limit on holding

perishable goods. We believe that these

clauses do not conflict with commercial

practices and that they set forth

reasonable time limits for holding

rejected goods.

Frozen Processed Foods

6. 852.210–73, Frozen Processed

Foods (NOV 1984).

The products delivered under this

contract shall be in excellent condition;

shall not show evidence of defrosting,

refreezing, or freezer burn; and shall be

transported and delivered to the

consignee at a temperature of 0 degrees

Fahrenheit or lower.

(End of clause)

The above Frozen Processed Foods

clause specifies the minimum

acceptable condition of frozen foods

upon delivery. The FAR does not

contain similar requirements. VA

purchases large quantities of frozen

foods and this clause is proposed for use

in VA’s commercial item acquisitions to

ensure receipt of acceptable products.

Special Notice

7. 852.210–74, Special Notice (APR

1984).

Descriptive literature. The submission

of descriptive literature with offers is

not required and voluntarily submitted

descriptive literature which qualifies

the offer will require rejection of the

offer.

However, within 5 days after award of

contract, the contractor will submit to

the contracting officer literature

describing the equipment he/she

intends to furnish and indicating strict

compliance with the specification

requirements.

The contracting officer will, by

written notice to the contractor within

20 calendar days after receipt of the

literature, approve, conditionally

approve, or disapprove the equipment

proposed to be furnished. The notice of

approval or conditional approval will

not relieve the contractor from

complying with all requirements of the

specifications and all other terms and

conditions of this contract. A notice of

conditional approval will state any

further action required of the contractor.

A notice of disapproval will cite reasons

therefor.

If the equipment is disapproved by

the Government, the contractor will be

subject to action under the Default

provision of this contract. However,

prior to default action the contractor

will be permitted a period (at least 10

days) under that clause to submit

additional descriptive literature on

equipment originally offered or

descriptive literature on other

equipment.

The Government reserves the right to

require an equitable adjustment of the

contract price for any extension of the

delivery schedule necessitated by

additional descriptive literature

evaluations.

(End of provision)

The above Special Notice provision

concerns the submission of descriptive

literature and is used only in telephone

system acquisitions. There is no

corresponding FAR coverage. This

clause is proposed for use in VA’s

telephone system commercial item

acquisitions. Because of the high

installation costs for telephone

equipment, the added emphasis on

ensuring the capability of the equipment

to meet specification requirements prior

to installation appears to be warranted.

Technical Industry Standards

8. 852.210–75, Technical Industry

Standards (APR 1984).

The supplies or equipment required

by this invitation for bid or request for

proposal must conform to the standards

of the [ ]* and [ ]* as to [ ]**. The

successful bidder or offeror will be

required to submit proof that the item(s)

he/she furnishes conforms to this

requirement. This proof may be in the

form of a label or seal affixed to the

equipment or supplies, warranting that

they have been tested in accordance

with and conform to the specified

standards. The seal or label of any

nationally recognized laboratory such as

those listed by the National Fire

Protection Association, Boston,

Massachusetts, in the current edition of

their publication ‘‘Research on Fire,’’ is

acceptable. Proof may also be furnished

in the form of a certificate from one of

these laboratories certifying that the

item(s) furnished have been tested in

accordance with and conform to the

specified standards.

(End of provision)

* Insert name(s) of organization(s), the

standards of which are pertinent to the

Government needs.

** Insert pertinent standards, i.e., fire and

casualty, safety and fire protection, etc.

The above Technical Industry

Standards provision requires offerors to

furnish evidence that the supplies or

equipment they intend to provide meet

the technical industry standards

required by the solicitation. It is in VA’s

best interest, and the clause would be

required, to ensure that the supplies or

equipment VA procures meet certain

standards, such as Underwriters

Laboratory, to protect the safety of

individuals coming in contact with or

using those supplies or equipment.

Caution to Bidders—Bid Envelopes

9. 852.214–70, Caution to Bidders—

Bid Envelopes (APR 1984)

It is the responsibility of each bidder

to take all necessary precautions,

including the use of proper mailing
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44935

cover, to insure that the bid price cannot

be ascertained by anyone prior to bid

opening. If a bid envelope is furnished

with this invitation, the bidder is

requested to use this envelope in

submitting the bid. The bidder may,

however, when it suits a purpose, use

any suitable envelope, identified by the

invitation number and bid opening time

and date. If a bid envelope is not

furnished, the bidder will complete and

affix the enclosed Optional Form 17,

Sealed Bid Label, to the lower left

corner of the envelope used in

submitting the bid.

(End of provision)

FAR Part 12 and FAR commercial

item provisions do not contain any

guidance to bidders regarding protection

of their bid prices or on how to clearly

identify their bids. This VAAR

provision provides such guidance and

may assist bidders in ensuring that their

bid prices are protected from exposure

prior to bid opening and that their bids

are identified and received on time.

Estimated Quantity(ies)

The following clause would be used

in estimated quantity contracts, except

contracts for coal, orthopedic, prosthetic

and optical supplies, or in National

Cemetery Service contracts for

monuments:

10. 852.216–70, Estimated Quantities

(APR 1984).

As it is impossible to determine the

exact quantities that will be required

during the contract term, each bidder

whose bid is accepted wholly or in part

will be required to deliver all articles or

services that may be ordered during the

contract term, except as he/she

otherwise indicates in his/her bid and

except as otherwise provided herein.

Bids will be considered if made with the

proviso that the total quantities

delivered shall not exceed a certain

specified quantity. Bids offering less

than 75 percent of the estimated

requirement or which provide that the

Government shall guarantee any definite

quantity, will not be considered. The

fact that quantities are estimated shall

not relieve the contractor from filling all

orders placed under this contract to the

extent of his/her obligation. Also, the

Department of Veterans Affairs shall not

be relieved of its obligation to order

from the contractor all articles or

services that may, in the judgment of the

ordering officer, be needed except that

in the public exigency procurement may

be made without regard to this contract.

(End of clause)

The following clause would be used

in local coal-hauling contracts:

11. 852.216–70, Estimated Quantity

(APR 1984).

The estimated requirement shown in

this invitation for bids cover the

requirements for the entire contract

period. It is understood and agreed that

during the period of this contract the

Government may order and the

contractor will haul such coal as may,

in the opinion of the Government, be

required, except that in the public

exigency procurement may be made

without regard to this contract.

(End of clause)

The following clause would be used

for orthopedic, prosthetic, and optical

supplies.

12. 852.216–70, Quantities (APR

1984).

The supplies and/or services listed in

the attached schedule will be furnished

at such time and in such quantities as

they are required.

(End of clause)

The following clause would be used

for National Cemetery Service contracts

for monuments:

13. 852.216–70, Estimated Quantities

(JUL 1989).

As it is impossible to determine the

exact quantities that will be required

during the contract term, each bidder

whose bid is accepted wholly or in part

will be required to deliver all articles

that may be ordered during the contract

term, except as he or she otherwise

indicates in his or her bid and except as

otherwise provided herein. Bids will be

considered if made with the proviso that

the total quantities delivered shall not

exceed a certain specified quantity. The

fact that quantities are estimated shall

not relieve the contractor from filling all

orders placed under this contract to the

extent of his or her obligation. Also, the

Department of Veterans Affairs shall not

be relieved of its obligation to order

from the contractor all articles that may,

in the judgment of the ordering officer,

be needed except that in the public

exigency procurement may be made

without regard to this contract.

(End of clause)

The above clauses regarding

quantities would be for use in

solicitations where definite quantities

cannot be determined. They would

require contractors to provide all

quantities ordered under the contract,

even if those quantities exceed the

original estimate. These clauses appear

to be necessary to ensure that VA is able

to obtain the quantities that are

ultimately needed.

Sales or Use Taxes

14. 852.229–70, Sales or Use Taxes

(APR 1984).

The articles listed in this bid

invitation will be purchased from

personal funds of patients and prices

bid herein include any sales or use tax

heretofore imposed by any State, or by

any duly constituted taxing authority

therein, having jurisdiction to levy such

a tax, applicable to the material in this

bid.

(End of provision)

15. 852.229–71, Sales or Use Taxes

(APR 1984).

Any article purchased from this

contract, payable from personal funds of

patients, will be subject to any

applicable sales or use tax levied

thereon by any State, or by duly

constituted taxing authority therein

having jurisdiction to levy such a tax;

the total amount of the tax applicable to

such purchase payable from personal

funds of patients will be computed on

the total amount of the order and will

be shown as a separate item on the

purchase order and invoice. The bidder

shall identify the applicable taxes and

rates in his/her bid.

(End of provision)

Regarding the two above provisions

on taxes, VA contracting officers

occasionally issue solicitations for

goods or services that would be

purchased from patient funds. Under

such circumstances, the purchase is not

exempt from state and local taxes. The

standard FAR clause 52.212–4,

paragraph (k), provides that the contract

price shall include all applicable taxes

but, if used in a solicitation for purchase

from patient funds, does not advise

bidders that the Federal Government is

not the purchaser. Since the Federal

Government is exempt from most taxes,

this could result in a bidder failing to

include taxes in such bids. These

provisions appear to be necessary for

use in solicitations for commercial items

to be purchased from patient funds to

protect the seller from possible losses.

Protest Content

16. 852.233–70, Protest Content (JUN

1987)

(a) Any protest filed by an interested

party shall:

(1) Include the name, address, and

telephone number of the protester;

(2) Identify the solicitation and/or

contract number;

(3) Include an original signed by the

protester or his/her representative and

at least one copy;

(4) Set forth a detailed statement of

the legal and factual ground of the

protest including copies of relevant

documents;
44936 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

(5) Specifically request a ruling of the

individual upon whom the protest is

served; and

(6) State the form of relief requested.

(b) Failure to comply with the above

may result in dismissal of the protest

without further consideration.

(End of provision)

FAR 12.301(d) does not require

contracting officers to include FAR

provision 52.233–2, Service of Protest,

in commercial item solicitations, but

FAR 12.301(e) does allow optional use.

If FAR provision 52.233–2 is used by

contracting officers, this corresponding

VAAR provision 852.233–70 should

also be included in the solicitation. This

provision advises interested parties of

the information the FAR, at

33.103(d)(2), requires interested parties

to include in a protest. This assists

bidders/offerors by having the

information readily available in the

solicitation, without their having to

refer back to the FAR.

Contractor Responsibilities

17. 852.237–70, Contractor

Responsibilities (APR 1984) The

contractor shall obtain all necessary

licenses and/or permits required to

perform this work. He/she shall take all

reasonable precautions necessary to

protect persons and property from

injury or damage during the

performance of this contract. He/she

shall be responsible for any injury to

himself/herself, his/her employees, as

well as for any damage to personal or

public property that occurs during the

performance of this contract that is

caused by his/her employee’s fault or

negligence, and shall maintain personal

liability and property damage insurance

having coverage for a limit as required

by the laws of the State of [ ]. Further,

it is agreed that any negligence of the

Government, its officers, agents,

servants and employees, shall not be the

responsibility of the contractor

hereunder with the regard to any claims,

loss, damage, injury, and liability

resulting therefrom.

(End of clause)

The above Contractor Responsibilities

clause is used in service and

construction contracts. This clause

makes it the contractor’s responsibility

to obtain all necessary licenses and

permits to perform the work covered by

the contract and emphasizes that the

contractor is responsible for safety.

Indemnification and Insurance

18. 852.237–71, Indemnification and

Insurance (APR 1984)

(a) Indemnification. The contractor

expressly agrees to indemnify and save

harmless the Government, its officers,

agents, servants, and employees from

and against any and all claims, loss,

damage, injury, and liability, however

caused, resulting from, arising out of, or

in any way connected with the

performance of work under this

agreement. Further, it is agreed that any

negligence or alleged negligence of the

Government, its officers, agents,

servants, and employees, shall not be a

bar to a claim for indemnification unless

the act or omission of the Government,

its officers, agents, servants, and

employees is the sole, competent, and

producing cause of such claims, loss,

damage, injury, and liability. At the

option of the contractor, and subject to

the approval by the contracting officer

of the sources, insurance coverage may

be employed as guaranty of

indemnification.

(b) Insurance. Satisfactory insurance

coverage is a condition precedent to

award of a contract. In general, a

successful bidder must present

satisfactory evidence of full compliance

with State and local requirements, or

those below stipulated, whichever are

the greater. More specifically,

workmen’s compensation and

employer’s liability coverage will

conform to applicable State law

requirements for the service

contemplated, whereas general liability

and automobile liability of

comprehensive type, shall in the

absence of higher statutory minimums,

be required in the amounts per vehicle

used of not less than $200,000 per

person and $500,000 per occurrence for

bodily injury and $20,000 per

occurrence for property damage. Stateapproved sources of insurance coverage

ordinarily will be deemed acceptable to

the Department of Veterans Affairs

installation, subject to timely

certifications by such sources of the

types and limits of the coverages

afforded by the sources to the bidder. (In

those instances where airplane service

is to be used, substitute the word

‘‘aircraft’’ for ‘‘automobile’’ and

‘‘vehicle’’ and modify coverage to

require aircraft public and passenger

liability insurance of at least $200,000

per passenger and $500,000 per

occurrence for bodily injury, other than

passenger liability, and $200,000 per

occurrence for property damage.

Coverage for passenger liability bodily

injury shall be at least $200,000

multiplied by the number of seats or

passengers, whichever is greater.)

(End of clause)

The above Indemnification and

Insurance clause would be for use on

vehicle and aircraft service contracts. It

is critical that VA contractors carry

appropriate insurance. The insurance

protects both VA and VA beneficiaries

using VA services.

Representatives of Contracting Officers

19. 852.270–1, Representatives of

Contracting Officers (APR 1984) The

contracting officer reserves the right to

designate representatives to act for him/

her in furnishing technical guidance

and advice or generally supervise the

work to be performed under this

contract. Such designation will be in

writing and will define the scope and

limitation of the designee’s authority. A

copy of the designation shall be

furnished the contractor.

(End of provision)

The above Representatives of

Contracting Officers provision would be

used whenever it may be necessary to

designate another individual to act as

the contracting officer’s technical

representative.

Quantities

20. 852.270–2, Quantities (APR 1984).

The bidder agrees to furnish up to 25

percent more or 25 percent less than the

quantities awarded when ordered by the

Department of Veterans Affairs.

(End of clause)

The above Quantities clause is similar

to the clauses under 852.216–70 and

would be used in bread and bakery

products solicitations. It requires

contractors to provide up to 25 percent

more, or allows VA to order up to 25

percent less, than the estimated

quantities shown in the solicitation. It is

proposed for use in commercial item

contracts for bread and bakery products

to allow VA leeway in ordering such

products, where exact usage is difficult

to predict.

Shellfish

21. 852.270–3, Shellfish (APR 1984).

The bidder certifies that oysters,

clams, and mussels will be furnished

only from plants approved by and

operated under the supervision of

shellfish authorities of States whose

certifications are endorsed currently by

the U.S. Public Health Service, and the

names and certificate numbers of those

shellfish dealers must appear on current

lists published by the U.S. Public Health

Service. These items shall be packed

and delivered in approved containers,

sealed in such manner that tampering is

easily discernible, and marked with

packer’s certificate number impressed or

embossed on the side of such containers

and preceded by the State abbreviation.

Containers shall be tagged or labeled to

show the name and address of the
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44937

approved producer or shipper, the name

of the State of origin, and the certificate

number of the approved producer or

shipper.

(End of clause)

The above Shellfish clause specifies

minimum standards that contractors

must meet when furnishing shellfish to

VA. There are no similar provisions in

the FAR and the clause is proposed for

use in commercial item solicitations for

shellfish to ensure that such items meet

minimum Federal standards.

Service Data Manual

The following Service Data Manual

clause may be used, in accordance with

the prescriptions contained in the

VAAR, in requests for quotations,

solicitations, or contracts for the

acquisition of commercial items of

technical medical equipment and

devices, provided the contracting officer

determines that use of the clause is

consistent with customary commercial

practice. Such use is permitted by FAR

12.301(a)(2).

22. 852.210–70, Service Data Manual

(NOV 1984).

(a) The successful bidder will supply

operation/service (maintenance)

manuals with each piece of equipment

in the quantity specified in the

solicitation and resulting purchase

order. As a minimum, the manual(s)

shall be bound and equivalent to the

manual(s) provided the manufacturer’s

designated field service representative

as well as comply with all the

requirements in paragraphs (b) through

(i) of this clause. Sections, headings and

section sequence identified in (b)

through (i) of this clause are typical and

may vary between manufacturers.

Variances in the sections, headings and

section sequence, however, do not

relieve the manufacturer of his/her

responsibility in supplying the technical

data called for therein.

(b) Title Page and Front Matter—The

title page shall include the equipment

nomenclature, model number, effective

date of the manual and the

manufacturer’s name and address. If the

manual applies to a particular version of

the equipment only, the title page shall

also list that equipment’s serial number.

Front matter shall consist of the Table

of Contents, List of Tables, List of

Illustrations and a frontispiece

(photograph or line drawing) depicting

the equipment.

(c) Section I, General Description—

This section shall provide a generalized

description of the equipment or devices

and shall describe its purpose or

intended use. Included in this section

will be a table listing all pertinent

equipment specifications, power

requirements, environmental limitations

and physical dimensions.

(d) Section II, Installation—Section II

shall provide pertinent installation

information. It shall list all input and

output connectors using applicable

reference designators and functional

names as they appear on the equipment.

Included in this listing will be a brief

description of the function of each

connector along with the connector

type. Instructions shall be provided as

to the recommended method of

repacking the equipment for shipment

(packing material, labeling, etc.)

(e) Section III, Operation—Section III

will fully describe the operation of the

equipment and shall include a listing of

each control with a brief description of

its function and step-by-step procedures

for each operating mode. Procedures

will use the control(s) nomenclature as

it appears on the equipment and will be

keyed to one or more illustrations of the

equipment. Operating procedures will

include any preoperational checks,

calibration adjustments and operation

tests. Notes, cautions and warnings shall

be set off from the text body so they may

easily be recognizable and will draw the

attention of the reader. Illustrations

should be used wherever possible

depicting equipment connections for

test, calibration, patient monitoring and

measurements. For large, complex and/

or highly versatile equipment capable of

many operating modes and in other

instances where the Operation Section

is quite large, operational information

may be bound separately in the form of

an Operators Manual. The providing of

a separate Operators manual does not

relieve the supplier of his responsibility

for providing the minimum acceptable

maintenance data specified herein.

Where applicable, flow charts and

narrative descriptions of software shall

be provided. If programming is either

built-in and/or user modifiable, a

complete software listing shall be

supplied. Equipment items with

software packages shall also include

diagnostic routines and sample outputs.

Submission information shall be given

in the Maintenance Section to identify

equipment malfunctions which are

software related.

(f) Section IV, Principles of

Operation—This section shall describe

in narrative form the principles of

operation of the equipment. Circuitry

shall be discussed in sufficient detail to

be understood by technicians and

engineers who possess a working

knowledge of electronics and a general

familiarity with the overall application

of the devices. The circuit descriptions

should start at the overall equipment

level and proceed to more detailed

circuit descriptions. The overall

description shall be keyed to a

functional block diagram of the

equipment. Circuit descriptions shall be

keyed to schematic diagrams discussed

in paragraph (i) below. It is

recommended that for complex or

special circuits, simplified schematics

should be included in this section.

(g) Section V, Maintenance—The

maintenance section shall contain a list

of recommended test equipment, special

tools, preventive maintenance

instructions and corrective information.

The list of test equipment shall be that

recommended by the manufacturer and

shall be designated by manufacturer and

model number. Special tools are those

items not commercially available or

those that are designed specifically for

the equipment being supplied.

Sufficient data will be provided to

enable their purchase by the Department

of Veterans Affairs. Preventive

maintenance instructions shall consist

of those recommended by the

manufacturer to preclude unnecessary

failures. Procedures and the

recommended frequency of performance

shall be included for visual inspection,

cleaning, lubricating, mechanical

adjustments and circuit calibration.

Corrective maintenance shall consist of

the data necessary to troubleshoot and

rectify a problem and shall include

procedures for realigning and testing the

equipment. Troubleshooting shall

include either a list of test points with

the applicable voltage levels or

waveforms that would be present under

a certain prescribed set of conditions, a

troubleshooting chart listing the

symptom, probable cause and remedy,

or a narrative containing sufficient data

to enable a test technician or electronics

engineer to determine and locate the

probable cause of malfunction. Data

shall also be provided describing the

preferred method of repairing or

replacing discrete components mounted

on printed circuit boards or located in

areas where special steps must be

followed to disassemble the equipment.

Procedures shall be included to realign

and test the equipment at the

completion of repairs and to restore it to

its original operating condition. These

procedures shall be supported by the

necessary waveforms and voltage levels,

and data for selecting matched

components. Diagrams, either

photographic or line, shall show the

location of printed circuit board

mounted components.

(h) Section VI, Replacement Parts

List—The replacement parts list shall

list, in alphanumeric order, all

electrical/electronic, mechanical and
44938 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

pneumatic components, their

description, value and tolerance, true

manufacturer and manufacturers’ part

number.

(i) Section VII, Drawings—Wiring and

schematic diagrams shall be included.

The drawings will depict the circuitry

using standard symbols and shall

include the reference designations and

component values or type designators.

Drawings shall be clear and legible and

shall not be engineering or production

sketches.

(End of clause)

The following Service Data Manual

clause may be used, in accordance with

the prescriptions contained in the

VAAR, in requests for quotations,

solicitations, or contracts for the

acquisition of commercial items of

mechanical equipment (other than

technical medical equipment and

devices), provided the contracting

officer determines that use of the clause

is consistent with customary

commercial practice. Such use is

permitted by FAR 12.301(a)(2). 23. 852.210–70, Service Data Manual

(NOV 1984).

The contractor agrees to furnish two

copies of a manual, handbook or

brochure containing operating,

installation, and maintenance

instructions (including pictures or

illustrations, schematics, and complete

repair/test guides as necessary). Where

applicable, it will include electrical data

and connection diagrams for all utilities.

The instructions shall also contain a

complete list of all replaceable parts

showing part number, name, and

quantity required.

(End of clause)

When the bid or proposal will result

in the initial purchase (including each

make and model) of a centrally procured

item, the following clause would be

used:

24. 852.210–70, Service Data Manual

(NOV 1984).

The contractor agrees, when requested

by the contracting officer, to furnish not

more than three copies of the technical

documentation required by paragraph

852.210–70(a) to the Service and

Reclamation Division, VA Supply

Depot, Hines, Ill. In addition, the

contractor agrees to furnish two

additional copies of the technical

documentation required by 852.210–

70(a) with each piece of equipment sold

as a result of the invitation for bid or

request for proposal.

(End of clause)

The above clauses concerning service

data manuals would be required in

support of VA’s equipment acquisitions

and equipment repair program. End-use

operators of equipment need operator’s

manuals to ensure that the equipment is

operated properly and safely and that

the equipment is properly cleaned. VA

biomedical engineers repair many of the

items of equipment at VA medical

centers and must have the vendor’s

repair manuals to accomplish those

repairs.

Brand Name or Equal

25. 852.210–77, Brand Name or Equal

(NOV 1984).

(Note: as used in this clause, the term

brand name includes identification of

products by make and model.)

(a) If items called for by this invitation

for bids have been identified in the

schedule by a ‘‘brand name or equal’’

description, such identification is

intended to be descriptive, but not

restrictive, and is to indicate the quality

and characteristics of products that will

be satisfactory. Bids offering ‘‘equal’’

products (including products of the

brand name manufacturer other than the

one described by brand name) will be

considered for award if such products

are clearly identified in the bids and are

determined by the Government to meet

fully the salient characteristics

requirements listed in the invitation. (b) Unless the bidder clearly indicates

in his bid that he is offering an ‘‘equal’’

product, his bid shall be considered as

offering a brand name product

referenced in the invitation for bids.

(c) (1) If the bidder proposes to

furnish an ‘‘equal’’ product, the brand

name, if any, of the product to be

furnished shall be inserted in the space

provided in the Invitation or Bids, or

such product shall be otherwise clearly

identified in the bid. The evaluation of

bids and the determination as to

equality or the product offered shall be

the responsibility of the Government

and will be based on information

furnished by the bidder or identified in

his/her bid as well as other information

reasonably available to the purchasing

activity.

Caution To Bidders. The purchasing

activity is not responsible for locating or

securing any information which is not

identified in the bid and reasonably

available to the purchasing activity.

Accordingly, to insure that sufficient

information is available, the bidder

must furnish as a part of his/her bid all

descriptive material (such as cuts,

illustrations, drawings or other

information) necessary for the

purchasing activity to: (i) Determine

whether the product offered meets the

salient characteristics requirement of

the Invitation for Bids, and (ii) Establish

exactly what the bidder proposes to

furnish and what the Government

would be binding itself to purchase by

making an award. The information

furnished may include specific

references to information previously

furnished or to information otherwise

available to the purchasing activity.

(2) If the bidder proposes to modify a

product so as to make it conform to the

requirements of the Invitation for Bids,

he/she shall:

(i) Include in his/her bid a clear

description of such proposed

modifications, and

(ii) Clearly mark any descriptive

material to show the proposed

modifications.

(3) Modifications proposed after bid

opening to make a product conform to

a brand name product referenced in the

Invitation for Bids will not be

considered.

(End of clause)

Although the FAR expresses a

preference for use of performance

specifications on Federal Government

solicitations, the use of ‘‘brand name or

equal’’ purchase descriptions is often

necessary to simplify and expedite the

acquisition process. The General

Services Administration uses a similar

clause and the Civilian Agency

Acquisition Council is considering

reinstating ‘‘brand name or equal’’

provisions in the FAR. Use of ‘‘brand

name or equal’’ purchase descriptions is

a commercial practice in many

industries. If use of a ‘‘brand name or

equal’’ purchase description is found by

the contracting officer to be a

commercial practice for a specific

solicitation, a standard clause should be

used to advise bidders/offerors that such

descriptions are not intended to restrict

the acquisition to brand name items. A

standard clause would ensure

uniformity and reduce the

administrative costs of solicitation

preparation.

Nondiscrimination in Services Provided

Beneficiaries

The following clause would be used

in all VA requests for quotations,

solicitations and contracts for providing

services to eligible beneficiaries:

26. 852.271–70, Nondiscrimination in

Services Provided Beneficiaries (APR

1984)

The contractor agrees to provide all

services specified in this contract for

any person determined eligible by the

Under Secretary for Health, or designee,

regardless of the race, color, religion,

sex, or national origin of the person for

whom such services are ordered. The

contractor further warrants that he/she

will not resort to subcontracting as a

means of circumventing this provision.
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44939

(End of clause)

The above nondiscrimination clause

is proposed for use in commercial item

contracts providing services to eligible

beneficiaries to ensure that vendors do

not discriminate against VA

beneficiaries based on a veteran’s race,

color, religion, sex, or national origin.

Miscellaneous

This document proposes to add

paragraph 812.301(f) to clarify that

VAAR clauses are not required for use

in micro-purchases, but may be used in

micro-purchases at the option of the

contracting officer when use is

determined by the contracting officer to

be in the Government’s best interest.

This document proposes to add

paragraph 812.302, in accordance with

FAR 12.302(c), to provide agency

procedures for approval of waivers.

Waivers are required if contracting

officers wish to tailor clauses or

otherwise include additional terms and

conditions in a solicitation or contract

for commercial items in a manner that

is inconsistent with customary

commercial practice for the item being

acquired. The criteria that must be used

by the next higher level supervisor in

approving the waiver is set forth at FAR

12.302(c), which provides that the

waiver describe the customary

commercial practice found in the

marketplace, support the need to

include a term or condition that is

inconsistent with that practice, and

include a determination that use of the

customary commercial practice is

inconsistent with the needs of the

Government.

Regulatory Flexibility Act

The Secretary hereby certifies that

this proposed rule will 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.

The adoption of this proposed rule

would not cause a significant effect on

any entities. Costs to comply with any

of the provisions of the proposed rule

will be minimal. Therefore, pursuant to

5 U.S.C. 605(b), this proposed rule is

exempt from the initial and final

regulatory flexibility analysis

requirements of sections 603 and 604.

Paperwork Reduction Act

Under the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501–3520),

collections of information are contained

in a number of the clauses and

provisions set forth in the

Supplementary Information portion of

this proposed rule. Although this

document proposes to add provisions

and clauses for commercial item

solicitations and contracts, this

Paperwork Reduction Act notice of this

document seeks approval for collections

of information for both commercial and

non-commercial item, service, and

construction solicitations and contracts.

The provisions and clauses are used in

both commercial and non-commercial

item, service, and construction

solicitations and contracts. As required

under section 3507(d) of the Act, VA

has submitted a copy of this proposed

rulemaking action to the Office of

Management and Budget (OMB) for its

review of the collection of information.

OMB assigns control numbers to

collections of information it approves.

VA may not conduct or sponsor, and a

person is not required to respond to, a

collection of information unless it

displays a currently valid OMB control

number.

Comments on the collection of

information should be submitted to the

Office of Management and Budget,

Attention: Desk Officer for the

Department of Veterans Affairs, Office

of Information and Regulatory Affairs,

Washington, DC 20503, with copies to

the Director, Office of Regulations

Management (02D), Department of

Veterans Affairs, 810 Vermont Avenue,

NW, Washington, DC 20420. Comments

should indicate that they are submitted

in response to ‘‘RIN 2900–AI05.’’

Title: Commercial and NonCommercial Items, Services and

Construction.

Title and Provision/Clause Number:

852.219–70, Veteran-Owned Small

Business.

Summary of collection of information:

VAAR Provision 852.219–70, VeteranOwned Small Business, requests that a

firm submitting a quotation, bid, or offer

furnish information regarding whether

or not the firm is a small business

owned by a veteran, a Vietnam era

veteran, or a disabled veteran. The

information required by this VAAR

provision will be used by VA to identify

veteran-owned businesses to ensure

eligible veteran-owned firms are given

an opportunity to participate in VA

solicitations for goods and services.

Without this information, there would

be no way to properly monitor this

program or conduct VA outreach efforts.

Description of need for information

and proposed use of information: Public

Law 93–237 amended the Small

Business Act by directing the U.S. Small

Business Administration (SBA) to give

‘‘special consideration’’ to veterans of

the U.S. Armed Forces in all SBA

programs. In September 1983, VA

adopted the ‘‘special consideration’’

philosophy and directed all VA

contracting activities to take affirmative

action to solicit and assist Vietnam era

and disabled veteran-owned small

businesses to participate in the VA

acquisition process. On April 5, 1990,

the Secretary approved an initiative to

expand the Vietnam era and disabled

veteran-owned small business program

to include all veteran-owned small

businesses. Title 38 United States Code

vests the Secretary with broad authority

to assist veterans. The information

collected is a self-certification that a

firm is veteran-owned. It allows VA to

ensure that eligible veteran-owned firms

are given an opportunity to participate

in VA acquisitions and to monitor our

success in implementing these

regulatory provisions. The information

requested will be solicited from

respondents on a voluntary basis.

Description of likely respondents: All

firms submitting written or electronic

quotations, bids, or offers to VA.

Estimated number of respondents:

3,403,500 written quotations, bids, or

offers.

Estimated frequency of responses:

One response for each written

quotation, bid, or offer submitted.

Estimated average burden per

collection: 15 seconds.

Estimated total annual reporting and

recordkeeping burden: 14,181 hours.

Title and Provision/Clause Number:

Provision 852.210–74, Special Notice.

Summary of collection of information:

This provision is used only in VA’s

telephone system acquisition

solicitations and requires the contractor,

after award of the contract, to submit

descriptive literature on the equipment

the contractor intends to furnish to

show how that equipment meets the

specification requirements of the

solicitation.

Description of need for information

and proposed use of information: The

information is needed to ensure that the

equipment proposed by the contractor

meets the specification requirements.

Failure to require the information could

result in the installation of equipment

that does not meet contract

requirements, with significant loss to

the contractor if the contractor

subsequently had to remove the

equipment and furnish equipment that

did meet the specification requirements.

Description of likely respondents:

Firms awarded VA contracts for

telephone systems.

Estimated number of respondents: 30

per year.

Estimated frequency of responses:

Once for each contract awarded.

Estimated average burden per

collection: 5 hours.
44940 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

Estimated total annual reporting and

recordkeeping burden: 150 hours.

Title and Provision/Clause Number:

Provision 852.210–75, Technical

Industry Standards.

Summary of collection of information:

This provision requires that items

offered for sale to VA under the

solicitation conform to certain technical

industry standards, such as

Underwriters Laboratory (UL) or the

National Fire Protection Association,

and that the contractor furnish evidence

to VA that the items meet that

requirement. The evidence is normally

in the form of a tag or seal affixed to the

item, such as the UL tag on an electrical

cord or a tag on a fire-rated door. This

requires no additional effort on the part

of the contractor, as the items come

from the factory with the tags already in

place, as part of the manufacturer’s

standard manufacturing operation.

Occasionally, for items not already

meeting standards or for items not

previously tested, a contractor will have

to furnish a certificate from an

acceptable laboratory certifying that the

items furnished have been tested in

accordance with, and conform to, the

specified standards. Only those firms

required to submit a separate certificate

are noted below.

Description of need for information

and proposed use of information: To

ensure that the items being furnished

meet minimum safety standards and to

protect VA employees, VA beneficiaries,

and the public.

Description of likely respondents:

Firms whose products have not

previously been tested to ensure the

products meet the industry standards

required under the solicitation.

Estimated number of respondents:

100.

Estimated frequency of responses:

Once for each contract awarded.

Estimated average burden per

collection: 30 minutes.

Estimated total annual reporting and

recordkeeping burden: 50 hours.

Title and Provision/Clause Number:

Provision 852.214–70, Caution to

Bidders—Bid Envelopes.

Summary of collection of information:

This provision advises bidders/offerors

that it is their responsibility to insure

that their bid price cannot be

ascertained by anyone prior to bid

opening. It also advises bidders/offerors

to identify their bids by showing the

invitation number and bid opening date

on the outside of the bid envelope. A

bid envelope or a label is often

furnished by the Government for use by

bidders/offers to identify their bids.

Description of need for information

and proposed use of information: The

information is needed by the

Government to identify which parcels of

mail are bids/offers and which are other

routine mail without having to open the

envelopes to identify their intent and

possibly exposing bid/offer prices before

bid opening. The information will be

used to identify which parcels of mail

are bids and which are other routine

mail. The information is also needed to

help ensure that bids/offers are

delivered to the proper bid opening

room on time and prior to bid opening.

Description of likely respondents: All

firms submitted sealed bids.

Estimated number of respondents:

346,000.

Estimated frequency of responses:

Once for each sealed bid/offer

submitted.

Estimated average burden per

collection: 10 seconds.

Estimated total annual reporting and

recordkeeping burden: 960 hours.

Title and Provision/Clause Number:

Clause 852.237–71, Indemnification and

Insurance.

Summary of collection of information:

This clause is used in solicitations for

vehicle or aircraft services. It requires

the apparent successful bidder/offeror,

prior to contract award, to furnish

evidence that the firm possesses the

types and amounts of insurance

required by the solicitation. This

evidence is in the form of a certificate

from the firm’s insurance company.

Description of need for information

and proposed use of information: The

information is required to protect VA by

ensuring that the firm to which award

will be made possesses the types and

amounts of insurance required by the

solicitation. It helps ensure that VA will

not be held liable for any negligent acts

of the contractor and ensures that VA

beneficiaries and the public are

protected by adequate insurance

coverage.

Description of likely respondents:

Apparent successful bidders/offerors on

solicitations for vehicle or aircraft

services.

Estimated number of respondents:

500.

Estimated frequency of responses:

Once for each contract awarded.

Estimated average burden per

collection: 30 minutes.

Estimated total annual reporting and

recordkeeping burden: 250 hours.

Title and Provision/Clause Number:

Provision 852.270–3, Shellfish.

Summary of collection of information:

This provision requires that a firm

furnishing shellfish to VA must ensure

that the shellfish is packaged in a

container that is marked with the

packer’s State certificate number and

State abbreviation. In addition, the firm

must ensure that the container is tagged

or labeled to show the name and

address of the approved producer or

shipper, the name of the State of origin,

and the certificate number of the

approved producer or shipper. This

information normally accompanies the

shellfish from the packer and is not

information that must be separately

obtained by the seller.

Description of need for information

and proposed use of information: The

information is needed to ensure that

shellfish purchased by VA comes from

a State- and Federal-approved and

inspected source. The information is

used to help ensure that VA purchases

healthful shellfish.

Description of likely respondents: Any

firm selling shellfish to VA.

Estimated number of respondents:

1,000.

Estimated frequency of responses:

Once for each shipment of shellfish.

Estimated average burden per

collection: 1 minute.

Estimated total annual reporting and

recordkeeping burden: 17 hours.

Title and Provision/Clause Number:

Clause 852.210–70, Service Data

Manual.

Summary of collection of information:

When VA purchases technical medical

equipment and devices, or mechanical

equipment, VA also requires the

contractor to furnish both operators

manuals and maintenance/repair

manuals. This clause sets forth those

requirements and sets forth the

minimum standards those manuals

must meet to be acceptable. Generally,

this is the same operator’s manual

furnished with each piece of equipment

sold to the general public and the same

repair manual used by company

technicians in repairing the company’s

equipment. The cost of the manuals is

included in the contract price or listed

as a separately priced line item on the

purchase order.

Description of need for information

and proposed use of information: The

operator’s manual will be used by the

individual actually operating the

equipment to ensure proper operation

and cleaning. The repair manual will be

used by VA equipment repair staff to

repair the equipment.

Description of likely respondents:

Firms selling technical medical

equipment or devices or mechanical

equipment to VA.

Estimated number of respondents:

15,000.

Estimated frequency of responses:

Once for each contract awarded.

Estimated average burden per

collection: 10 minutes.
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44941

Estimated total annual reporting and

recordkeeping burden: 2,500 hours.

Title and Provision/Clause Number:

852.210–77, Brand Name or Equal.

Summary of collection of information:

This clause advises bidders or offerors

who are proposing to offer an item that

is alleged to be equal to the brand name

item stated in the bid, that it is the

bidder’s or offeror’s responsibility to

show that the item offered is in fact,

equal to the brand name item. This

evidence may be in the form of

descriptive literature or material, such

as cuts, illustrations, drawings, or other

information. While submission of the

information is voluntary, failure to

provide the information may result in

rejection of the firm’s bid or offer if the

Government cannot otherwise

determine that the item offered is equal.

Description of need for information

and proposed use of information: The

information will be used by the

contracting officer to evaluate whether

or not the item offered meets the

specification requirements.

Description of likely respondents: Any

firm offering an ‘‘equal’’ item on a

solicitation requesting bids or offers on

a ‘‘brand name or equal’’ basis.

Estimated number of respondents:

10,000.

Estimated frequency of responses:

Once for each solicitation on which the

firm is proposed an ‘‘equal’’ item.

Estimated average burden per

collection: 5 minutes.

Estimated total annual reporting and

recordkeeping burden: 833 hours.

The Department considers comments

by the public on proposed collections of

information in—

• Evaluating whether the proposed

collections of information are necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility;

• Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collections of information,

including the validity of the

methodology and assumptions used;

• Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

• Minimizing the burden of the

collections of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submission of

responses.

OMB is required to make a decision

concerning the proposed collection of

information contained in this proposed

rule between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to OMB is best assured of having its full

effect if OMB receives it within 30 days

of publication. This does not affect the

deadline for the public to comment on

the proposed regulation.

List of Subjects

48 CFR Parts 810, 811, and 812

Government procurement.

48 CFR Parts 836 and 852

Government procurement, Reporting

and recordkeeping requirements.

48 CFR Part 870

Asbestos, Frozen foods, Government

procurement, Telecommunications.

Approved: August 8, 1997.

Hershel W. Gober,

Secretary-Designate of Veterans Affairs.

For the reasons set forth in the

preamble, and consistent with the

authority in 38 U.S.C. 501 and 40 U.S.C.

486(c), 48 CFR Chapter 8 is proposed to

be amended as follows:

PART 801—VETERANS AFFAIRS

ACQUISITION REGULATIONS SYSTEM

1. The authority citation for parts 812,

836, and 852 continues to read as

follows:

Authority: 38 U.S.C. 501 and 40 U.S.C.

486(c).

PART 810—[REMOVED]

2. Part 810 is removed.

3. 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,
44942 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

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) 48 CFR 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

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 characteristic

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 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 lllllllllll

Brand lllllllllllllllll

No. lllllllllllllllllll

(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
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44943

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

acquisition threshold. However, when

purchasing items of perishable

subsistence, contracting officers shall

observe only those exemptions set forth

in paragraphs (b)(3) and (b)(4) 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

the Federal Hospital Subsistence Guide.

A copy of this guide and the IMPS may

be obtained from any Department of

Veterans Affairs contracting officer.

(2) Contract terms and conditions

governing the procurement of

subsistence items are listed in the

Federal Hospital Subsistence Guide and

IMPS. These provisions shall be made a

part of each solicitation for such items

when applicable.

(3) The military specifications for

meat and meat products contained in

the Federal Hospital Subsistence Guide

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 the

Federal Hospital Subsistence Guide may

be used when purchasing either from

DLA or from local dealers.

(4) Except as authorized in part 846 of

this chapter, contracting officers shall

not deviate from the specifications

contained in the Federal Hospital

Subsistence Guide and the IMPS

without prior approval of the Deputy

Assistant Secretary for Acquisition and

Materiel Management.

(5) Items of meat, cured pork and

poultry not listed in either the Federal

Hospital Subsistence Guide 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:

(i) Class A (hard cover);

(ii) Perfect (glued); and

(iii) 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 typelllll, grade lllll,

in accordance with (type of specification) No.

lllll, dated lllll and

amendment lllll dated lllll

except paragraphs lllll and lllll

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 nonresponsible 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
44944 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

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

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.

4. 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

812.301 Solicitation provisions and

contract clauses for the acquisition of

commercial items.

(a) Notwithstanding prescriptions

contained elsewhere in this chapter,

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 this

chapter, 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 this chapter, 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 this chapter, 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 micropurchases 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]

5. In part 836, § 836.202(a) is

amended by removing ‘‘part 810’’ and

adding, in its place, ‘‘part 811’’.

836.206 [Amended]

6. In part 836, § 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

7. 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]

8. In part 852, § 852.210–77 is

redesignated as § 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]

9. In part 852, § 852.212–70 is

redesignated as § 852.211–78, and the

introductory text is amended by
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44945

removing ‘‘812.204’’ and adding, in its

place, ‘‘811.504’’.

852.219–70 [Amended]

10. In part 852, § 852.219–70

introductory text is amended by

removing ‘‘819.7003(a)’’ and adding, in

its place, ‘‘819.7003(b)’’.

852.229–70 [Amended]

11. In part 852, § 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]

12. In part 852, § 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]

13. In part 852, § 852.271–70 is

amended by removing ‘‘Chief Medical

Director’’ and adding, in its place,

‘‘Under Secretary for Health’’.

PART 870—SPECIAL PROCUREMENT

CONTROLS

14. 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]

15. In part 870, § 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. 97–21869 Filed 8–22–97; 8:45 am]

BILLING CODE 8320–01–P