45384 Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Proposed Rules 

(End of clause) 

■ 54. Section 852.237–78 is added to 

read as follows: 

852.237–78 Performance and Delivery. 

As prescribed in 837.7001(b)(2), insert 

the following clause: 

Performance and Delivery (Date) 

(a) The Contractor shall furnish the 

material ordered and perform the services 

specified as promptly as possible, but not 

later than 36 hours after receiving 

notification to remove the remains, excluding 

the time necessary for the Government to 

inspect and check results of preparation. 

(b) The Government may, at no additional 

charge, require the Contractor to hold the 

remains for an additional period not to 

exceed 72 hours from the time the remains 

are casketed and final inspection is 

completed. 

(End of clause) 

■ 55. Section 852.237–79 is added to 

read as follows: 

852.237–79 Subcontracting. 

As prescribed in 837.7001(b)(3), insert 

the following clause: 

Subcontracting (Date) 

The Contractor shall not subcontract any 

work under this contract without the 

Contracting Officer’s written approval. This 

clause does not apply to contracts of 

employment between the Contractor and its 

personnel. 

(End of clause) 

■ 56. Section 852.237–80 is added to 

read as follows: 

852.237–80 Health Department and 

Transport Permits. 

As prescribed in 837.7001(b)(4), insert 

the following clause: 

Health Department and Transport 

Permits (Date) 

The Contractor shall meet all State and 

local licensing requirements and obtain and 

furnish all necessary health department and 

shipping permits at no additional cost to the 

Government. The Contractor shall ensure that 

all necessary health department permits are 

in order for disposition of the remains. 

(End of clause) 

■ 57. Section 852.249–70 is added to 

read as follows: 

852.249–70 Termination for Default— 

Supplement for Mortuary Services. 

As prescribed in 849.504–70, insert 

the following clause: 

Termination for Default—Supplement 

for Mortuary Services (Date) 

The clause entitled ‘‘Default’’ in FAR 

52.249–8, is supplemented as follows: 

The Contracting Officer may terminate this 

contract for default by written notice without 

the ten-day notice required by paragraph 

(a)(2) of the Default clause if— 

(a) The Contractor, through circumstances 

reasonably within its control or that of its 

employees, performs any act under or in 

connection with this contract, or fails in the 

performance of any service under this 

contract and the act or failures may 

reasonably be considered to reflect discredit 

upon the Department of Veteran Affairs in 

fulfilling its responsibility for proper care of 

remains; 

(b) The Contractor, or its employees, 

solicits relatives or friends of the deceased to 

purchase supplies or services not under this 

contract. (The Contractor may furnish 

supplies or arrange for services not under 

this contract, only if representatives of the 

deceased voluntarily request, select, and pay 

for them.); 

(c) The services or any part of the services 

are performed by anyone other than the 

Contractor or the Contractor’s employees 

without the written authorization of the 

Contracting Officer; 

(d) The Contractor refuses to perform the 

services required for any particular remains; 

or 

(e) The Contractor mentions or otherwise 

uses this contract in its advertising in any 

way. 

(End of clause) 

852.271–70 [Removed and Reserved] 

■ 58. Section 852.271–70 is removed 

and reserved. 

PART 871—LOAN GUARANTY AND 

VOCATIONAL REHABILITATION AND 

EMPLOYMENT PROGRAMS 

■ 59. The authority citation for part 871 

is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 41 U.S.C. 

1121(c)(3); 41 U.S.C. 1702; and 48 CFR 

1.301–1.304. 

Subpart 871.2—Vocational 

Rehabilitation and Employment 

Service 

■ 60. Section 871.212 is revised to read 

as follows: 

871.212 Contract clauses. 

(a) Contracting officers shall use the 

following clauses, as appropriate, in 

solicitations and contracts for vocational 

rehabilitation and employment services 

as they pertain to training and 

rehabilitation services and contracts for 

counseling services: 

(1) 852.271–72 Time Spent by 

Counselee in Counseling Process. 

(2) 852.271–73 Use and Publication 

of Counseling Results. 

(3) 852.271–74 Inspection. 

(4) 852.271–75 Extension of Contract 

Period. 

(b) See 837.110–70(a) for clause 

852.237–74 Non-discrimination in 

Service Delivery. 

[FR Doc. 2018–18310 Filed 9–6–18; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

48 CFR Parts 801, 825, 836, 842, 846, 

852 and 853 

RIN 2900–AQ18 

VA Acquisition Regulation: 

Construction and Architect-Engineer 

Contracts 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is proposing to amend and 

update its VA Acquisition Regulation 

(VAAR) in phased increments to revise 

or remove any policy superseded by 

changes in the Federal Acquisition 

Regulation (FAR), to remove procedural 

guidance internal to VA into the VA 

Acquisition Manual (VAAM), and to 

incorporate any new agency specific 

regulations or policies. These changes 

seek to streamline and align the VAAR 

with the FAR and remove outdated and 

duplicative requirements and reduce 

burden on contractors. The VAAM 

incorporates portions of the removed 

VAAR as well as other internal agency 

acquisition policy. VA will rewrite 

certain parts of the VAAR and VAAM, 

and as VAAR parts are rewritten, will 

publish them in the Federal Register. 

VA will combine related topics, as 

appropriate. In particular, this 

rulemaking revises VAAR concerning 

Construction and Architect-Engineer 

Contracts, as well as affected parts 

covering the Department of Veterans 

Affairs Acquisition Regulations System, 

Foreign Acquisition, Contract 

Administration and Audit Services, 

Quality Assurance, Solicitation 

Provisions and Contract Clauses, and 

Forms. 

DATES: Comments must be received on 

or before November 6, 2018 to be 

considered in the formulation of the 

final rule. 

ADDRESSES: Written comments may be 

submitted through 

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

and Management (00REG), Department 

of Veterans Affairs, 810 Vermont 

Avenue NW, Room 1063B, Washington, 

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

(this is not a toll-free number). 

Comments should indicate that they are 


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Federal Register / Vol. 83, No. 174 / Friday, September 7, 2018 / Proposed Rules 45385 

submitted in response to ‘‘RIN 2900– 

AQ18—VA Acquisition Regulation: 

Construction and Architect-Engineer 

Contracts.’’ Copies of comments 

received will be available for public 

inspection in the Office of Regulation 

Policy and Management, Room 1063B, 

between the hours of 8:00 a.m. and 4:30 

p.m., Monday through Friday (except 

holidays). Please call (202) 461–4902 for 

an appointment. (This is not a toll-free 

number.) In addition, during the 

comment period, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ricky Clark, Senior Procurement 

Analyst, Procurement Policy and 

Warrant Management Services, 003A2A, 

425 I Street NW, Washington, DC 20001, 

(202) 632–5276. (This is not a toll-free 

number.) 

SUPPLEMENTARY INFORMATION:

Background 

This rulemaking is issued under the 

authority of the Office of Federal 

Procurement Policy (OFPP) Act which 

provides the authority for an agency 

head to issue agency acquisition 

regulations that implement or 

supplement the FAR. 

VA is proposing to revise the VAAR 

to add new policy or regulatory 

requirements and to remove any 

redundant guidance and guidance that 

is applicable only to VA’s internal 

operating processes or procedures. 

Codified acquisition regulations may be 

amended and revised only through 

rulemaking. All amendments, revisions, 

and removals have been reviewed and 

concurred with by VA’s Integrated 

Product Team of agency stakeholders. 

The VAAR uses the regulatory 

structure and arrangement of the FAR 

and headings and subject areas are 

consistent with the FAR content. The 

VAAR is divided into subchapters, parts 

(each of which covers a separate aspect 

of acquisition), subparts, and sections. 

The Office of Federal Procurement 

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

1707, provides the authority for the 

Federal Acquisition Regulation and for 

the issuance of agency acquisition 

regulations consistent with the FAR. 

When Federal agencies acquire 

supplies and services using 

appropriated funds, the purchase is 

governed by the FAR, set forth at title 

48 Code of Federal Regulations (CFR), 

chapter 1, parts 1 through 53, and the 

agency regulations that implement and 

supplement the FAR. The VAAR is set 

forth at title 48 CFR, chapter 8, parts 801 

to 873. 

Discussion and Analysis 

VA proposes to make the following 

changes to the VAAR in this phase of its 

revision and streamlining initiative. For 

procedural guidance cited below that is 

proposed to be deleted from the VAAR, 

each section cited for removal has been 

considered for inclusion in VA’s 

internal agency operating procedures in 

accordance with FAR 1.301(a)(2). 

Similarly, delegations of authorities that 

are removed from the VAAR will be 

included in the VAAM as internal 

agency guidance. The VAAM is being 

created in parallel with these revisions 

to the VAAR and is not subject to the 

rulemaking process as they are internal 

VA procedures and guidance. Therefore, 

the VAAM will not be finalized until 

corresponding VAAR parts are finalized, 

and the VAAM is not yet available on 

line. 

VAAR Part 801—Department of 

Veterans Affairs Acquisition Regulation 

System 

This proposed rule contains existing 

information collection requirements. 

The proposed rule results in multiple 

actions affecting these information 

collections, including outright removal 

of the information collection. 

In 801.106, OMB approval under the 

Paperwork Reduction Act, we propose 

to amend 801.106 table columns titled 

‘‘48 CFR part or section where identified 

and described,’’ and ‘‘Current OMB 

control number.’’ We propose to remove 

the reference to 852.236–84, Schedule of 

Work Progress, and discontinue the 

associated corresponding OMB Control 

Number 2900–0422 as the information 

is adequately covered in agency 

specifications and its use in a clause is 

not required or appropriate. For access 

to agency specifications where such 

information is adequately covered, see 

the VA Technical Information Library 

(TIL), VA’s source for Electronic Design 

and Construction Information, at 

https://www.cfm.va.gov/TIL/, including 

Master Specification Division 01, 

General Requirements: 01 32 16.01, 

Architectural and Engineering CPM 

Schedules; 01 32 16.13, Network 

Analysis Schedules; 01 16.15, Project 

Schedules (Small Projects—Design/Bid/ 

Build); 01 32 16.16, Network Analysis 

Schedules (Design-Build Only); and, 01 

32 16.17, Project Schedules (Small 

Projects—Design/Build). 

In 801.106, in reference to table 

described, we propose to remove the 

reference to 852.236–89, Buy American 

Act, and discontinue the associated 

corresponding OMB Control Number 

2900–0622 as the clause is being 

removed as set forth in the preamble 

when describing actions under VAAR 

part 852 as it duplicates FAR clauses 

and is unnecessary. 

In 801.106, in reference to the table 

described, we propose to remove the 

reference to 852.236–91, Special Notes, 

and discontinue the associated 

corresponding OMB Control Number 

2900–0623. Paragraph (a) of the clause 

is already covered via required System 

for Award Management (SAM) 

representations and certifications. 

Paragraphs (b), (c) and (d) are addressed 

in Section 01 00 00, General 

Requirements, contained in all 

construction contract specifications 

(reference the VA Office of Construction 

and Facilities Management, Technical 

Information Library (TIL), VA 

Numbered Standards for Construction, 

PG–18–1, Master Construction 

Specifications, Division 01—General 

Requirements). Paragraph (e), which 

references claims by the contractor for 

delay attributed to unusually severe 

weather under FAR 52.249–14, 

Excusable Delays, is governed by the 

Network Analysis System 

specifications—Section 01 32 16.13, 

Network Analysis Schedules—Major 

Projects; 01 32 16.15, Project Schedules 

(Small Projects Design-Bid-Build); 01 32 

16.16, (Network Analysis System 

(Design-Build Only); or 01 32 16.17, 

Project Schedule (Small Projects DesignBuild), as applicable, which provide 

details of the requirements the 

contractor must follow to justify time 

extensions. VA internal procedures 

related to how contracting officers and 

Government Resident Engineers or 

technical reviewers should analyze 

contractor data and which records to 

review to support such claims for time 

extensions due to unusually severe 

weather, not having a significant effect 

beyond the internal operating 

procedures of the VA, would be moved 

to the VAAM. 

VAAR Part 825—Foreign Acquisition 

We propose to revise the authority 

citations under part 825 to include a 

reference to 41 U.S.C. 1702 which 

addresses the acquisition planning and 

management responsibilities of Chief 

Acquisition Officers and Senior 

Procurement Executives, to include 

implementation of unique procurement 

policies, regulations and standards of 

the executive agency. 

We propose to remove subpart 825.2, 

Buy American Act—Construction 

Materials, and the associated prescribed 

clauses under subpart 825.11, 

Solicitation Provisions and Contract 

Clauses, as it is duplicative of the FAR. 

Clause 852.236–89, Buy American Act, 

along with its Alternate I and II, is 


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proposed for removal as set forth in 

VAAR part 852 of the preamble. The 

clause and its alternates are referenced 

in a table in 825.1102, Acquisition of 

construction. As the clause is proposed 

for removal, this table which prescribes 

the use of the clause is also proposed for 

removal. In accordance with FAR 

drafting standards and the requirement 

in FAR 1.304(b)(1) that agency 

acquisition regulations shall not 

unnecessarily repeat, paraphrase, or 

otherwise restate material contained in 

the FAR, these subparts are therefore 

proposed for removal. 

VAAR Part 836—Construction and 

Architect-Engineer Contracts 

We propose to revise the authority 

citations under part 836 to include a 

reference to 41 U.S.C. 1121(c)(3) and 

1303(a)(2), which is from Title 41, 

Public Contracts, and speaks to the 

authority of an executive agency under 

another law to prescribe policies, 

regulations, procedures, and forms for 

procurement that are subject to the 

authority conferred in the cited section, 

as well as other sections of Title 41 as 

shown therein. 41 U.S.C. 1303(a)(2) is 

added to reflect VA’s authority as an 

executive agency to issue regulations 

that are essential to implement 

Governmentwide policies and 

procedures in the agency, as well as to 

issue additional policies and procedures 

required to satisfy the specific needs of 

the VA. 

We propose to revise the authority 

citations under part 836 to include a 

reference to 41 U.S.C. 1702 which 

addresses the acquisition planning and 

management responsibilities of Chief 

Acquisition Officers and Senior 

Procurement Executives, to include 

implementation of unique procurement 

policies, regulations and standards of 

the executive agency. 

In 836.202, Specifications, we 

propose to remove paragraphs (a) and 

(b) as internal procedural guidance, and 

to redesignate and renumber it to 

836.202–70 to indicate that it is a VA 

supplement to FAR 36.202. The title 

would be revised from ‘‘Specifications’’ 

to ‘‘Specifications—use of equal 

products’’ to reflect the topic that fits 

intelligibly under this section of the 

FAR. The existing paragraph (c) would 

be revised to reflect that use of clause 

852.236–90, Restriction on Submission 

and Use of Equal Products, in 

solicitations and contracts requires 

approval of the justification 

documentation required by FAR 11.105, 

Items peculiar to one manufacturer. The 

paragraph reference to (c) under this 

section would be removed as the VAAR 

is being supplemented and only one 

paragraph will be reflected which 

would be unnumbered and unlettered. 

The existing VAAR language which is 

proposed for revision with this rule is 

necessary as the FAR speaks to ‘‘brand 

name or equal’’ and the purpose of the 

VA’s clause is to be clear that when the 

VA enters products for items peculiar to 

one manufacturer (brand name), ‘‘or 

equal’’ products are not permissible 

substitutes. 

In 836.203, Government estimate of 

construction costs, we propose to 

renumber and retitle the section to 

836.203–70, Protection of the 

independent government estimate— 

sealed bid, and would revise it to more 

specifically clarify VA procedures to 

protect the independent government 

estimate in sealed bid acquisitions when 

bid openings are held. This would also 

provide policy regarding marking the 

Independent Government Estimate (IGE) 

as ‘‘For Official Use Only (FOUO)’’ as 

well as procedures for filing the 

document and later removing the 

protective marking after a public bid 

opening. 

In 836.204, Disclosure of the 

magnitude of construction projects, we 

propose to revise the estimated price 

ranges to provide a better measure for 

contractors to gauge estimated 

construction costs for projects of the 

National Cemetery Administration and 

the Office of Construction and Facilities 

Management. 

In 836.206, Liquidated damages, we 

propose to remove the entire section 

since the subject matter is adequately 

covered in the FAR. 

In 836.209, Construction contracts 

with architect-engineer firms, we 

propose to remove the entire section as 

internal procedures of VA not having a 

significant effect beyond the internal 

operating procedures of the VA (see 

FAR 1.301(b)), and which would be 

moved to the VAAM. 

In 836.213, Special procedures for 

sealed bidding in construction 

contracting, we propose to remove the 

section title as the underlying 

subsections are proposed for removal. 

We propose to remove 836.213–4, 

Notice of award, as internal procedures 

of VA not having a significant effect 

beyond the internal operating 

procedures of the VA (see FAR 

1.301(b)), and which would be moved to 

the VAAM. 

We propose to remove 836.213–70, 

Notice to proceed, as procedural 

information internal to VA which would 

be moved to the VAAM. 

We propose to revise 836.500, Scope 

of subpart, to remove paragraphs (b) and 

(c) which duplicate the authority to use 

other clauses and provisions as already 

provided for in FAR 36.500. We propose 

to redesignate paragraph (a) as an 

unnumbered paragraph in keeping with 

FAR Drafting Guidelines and formatting 

style. 

We propose to revise 836.501, 

Performance of work by the contractor, 

to make minor edits and to add a 

reference to VAAR subpart 819.70, 

which implements the Veterans First 

Contracting Program. 

In 836.513, Accident prevention, we 

propose to remove the entire section 

since the prescribed clause is 

duplicative of coverage in FAR clause 

52.236–1, Accident Prevention. 

We propose to revise 836.521, 

Specifications and drawings for 

construction, only to make minor edits 

for capitalization. 

We propose to remove 836.570, 

Correspondence, as the clause it 

prescribes 852.236–76, Correspondence, 

is proposed for removal. The subject 

matter will be addressed more 

appropriately in a ‘‘Notice to Proceed’’ 

letter to the contractor from the 

contracting officer. Therefore, the clause 

and its prescription are unnecessary. 

We propose to remove 836.571, 

Reference to ‘‘standards,’’ since the 

clause it prescribes 852.236–77, 

Reference to ‘‘Standards’’, is proposed 

for removal. The subject matter is 

addressed in the VA Master 

Specifications (located at: https://

www.cfm.va.gov/til/), and the clause 

and therefore its prescription is 

unnecessary. 

In 836.572, Government supervision, 

we propose to remove the entire section 

and redesignate the numbering and 

placement to the more appropriate 

VAAR part 842, Contract 

Administration and Audit Services, by 

adding a new section 842.204, Contract 

clause for Government construction 

contract administration. The clause 

would be therefore renumbered and 

revised accordingly. 

In 836.573, Daily report of workers 

and materials, we propose to amend the 

title of the section and report to 

‘‘Contractor production report,’’ and 

would prescribe a revised clause 

852.236–79, Contractor Production 

Report. 

We propose to revise 836.574, 

Subcontracts and work coordination, 

only to make minor edits for 

capitalization. 

We propose to remove 836.575, 

Schedule of work progress, since the 

subject matter of the prescribed clause 

852.236–84, Schedule of Work Progress, 

is addressed in the VA Master 

Specifications, Division 01, General 

Requirements: 01 32 16.01, 

Architectural and Engineering CPM 


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Schedules; 01 32 16.13, Network 

Analysis Schedules; 01 16.15, Project 

Schedules (Small Projects—Design/Bid/ 

Build); 01 32 16.16, Network Analysis 

Schedules (Design-Build Only); and, 01 

32 16.17, Project Schedules (Small 

Projects—Design/Build). The clause is 

proposed for removal and therefore its 

prescription would be unnecessary. 

We propose to remove 836.576, 

Supplementary labor standards 

provisions, since the subject matter of 

the prescribed clause 852.236–85, 

Supplementary Labor Standards 

Provisions, is addressed in FAR clauses 

52.222–6, Construction Wage Rate 

Requirements (formerly known as 

Davis-Bacon Act) and 52.222–8, Payrolls 

and Basic Records. The clause is 

proposed for removal and therefore its 

prescription would be unnecessary. 

We propose to remove 836.577, 

Workers’ compensation, which 

prescribes clause 852.236–86, Workers’ 

Compensation. The clause is 

unnecessary since it merely cites a 

Public Law regarding applicability of 

States’ workers’ compensation laws. The 

VAAR is not required to cite individual 

States’ workers’ compensation laws to 

make them applicable to companies 

performing work in individual states. 

The clause is proposed for removal and 

therefore its prescription would be 

unnecessary. 

We propose to remove 836.579, 

Special Notes, which prescribes the 

clause at 852.236–91, Special Notes. As 

stated under VAAR part 801 in the 

preamble of this proposed rule, the 

clause’s paragraph (a) is already covered 

via required System for Award 

Management (SAM) representations and 

certifications. Paragraphs (b), (c) and (d) 

are addressed in Section 01 00 00, 

General Requirements, contained in all 

construction contract specifications 

(reference the VA Office of Construction 

and Facilities Management, Technical 

Information Library (TIL), VA 

Numbered Standards for Construction, 

PG–18–1, Master Construction 

Specifications, Division 01—General 

Requirements). And, paragraph (e), 

which references claims by the 

contractor for delay attributed to 

unusually severe weather under FAR 

52.249–14, Excusable Delays, is 

governed by the Network Analysis 

System specifications—Section 01 32 

16.13, Network Analysis System; 01 32 

16.13, Project Schedules (Small Projects 

Design-Bid-Build); 01 32 16.16, 

(Network Analysis System (DesignBuild Only); or 01 32 16.17, Project 

Schedule (Small Projects Design-Build), 

as applicable, which provide details of 

the requirements the contractor must 

follow to justify time extensions. VA 

internal procedures related to how 

contracting officers and Government 

Resident Engineers or technical 

reviewers should analyze contractor 

data and which records to review to 

support such claims for time extensions 

due to unusually severe weather, not 

having a significant effect beyond the 

internal operating procedures of the VA, 

would be moved to the VAAM. The 

clause is proposed for removal and 

therefore its prescription as contained in 

this section would be unnecessary. 

We propose to add 836.580, Notice to 

bidders—additive or deductive bid line 

items, and a prescription requiring the 

contracting officer to insert the 

provision 852.236–92, Notice to 

Bidders—Additive or Deductive Bid 

Line Items, in invitations for bids when 

the contracting officer determines that 

funds may not be available for all the 

desired construction features at contract 

award. 

We propose to remove 836.602, 

Selection of firms for architect-engineer 

contracts. Previously there was no text 

under this heading/title. As all sections 

under this are now proposed for 

removal, no heading/title would be 

required. 

We propose to remove 836.602–1, 

Selection criteria, as internal procedural 

information which will be revised and 

moved to the VA Acquisition Manual. 

We propose to remove 836.602–2, 

Evaluation boards; 836.602–4, Selection 

authority; and 836.602–5, Short 

selection process for contracts not to 

exceed the simplified acquisition 

threshold, as internal procedural 

information which will be revised and 

moved to the VA Acquisition Manual. 

We propose to revise 836.603, 

Collecting data on and appraising firms’ 

qualifications. The title would be 

revised to correct a typo and the text 

would be revised to include a Veterans 

Benefits Administration point of contact 

for filing and maintaining Standard 

Form (SF) 330 Files as required by the 

FAR. 

In 836.606, Negotiations, we propose 

to revise the section in its entirety to 

remove internal agency procedural 

guidance in section 836.606–70, 

General, as unnecessary, and to remove 

the title, ‘‘General,’’ by redesignating 

section 836.606–71, ArchitectEngineer’s proposal, to 836.606–70, and 

retitling it to read ‘‘Architect-Engineer 

firms’ proposal.’’ We propose to revise 

the text which requires use of the VA 

Form 6298, Architect-Engineer Fee 

Proposal, which has been updated with 

the new form number and updating FAR 

citation references and thresholds. This 

form is used for the submission of a 

contractor’s proposal and supporting 

cost data from the selected firm during 

negotiation of an A–E contract for 

design services estimated at $50,000 or 

more. And, we propose to change the 

word ‘‘must’’ to ‘‘shall’’ when requiring 

the use of the form as prescribed in this 

section. 

In 836.606–72, Contract price, we 

propose to remove the section in its 

entirety and move it to the companion 

VA Acquisition Manual as internal 

operating procedures of the VA. 

We propose to redesignate and revise 

836.606–73, Application of 6 percent 

architect-engineer fee limitation, to 

section 836.606–71, and retain the same 

title, ‘‘Application of 6 percent 

architect-engineer fee limitation,’’ to 

place all text now under section 836.606 

in sequential subsections. 836.606–71, 

Application of 6 percent architectengineer fee limitation, would provide 

policy explaining when the limitation 

applies, what costs the 6 percent fee 

limitation does and does not cover, and 

delete use of VA Form 10–1193, 

Application for Health Care Facility 

Program, and VA Form 10–6238, EMIS 

Construction Program Estimate 

Worksheet. The forms proposed for 

deletion are not required for use in this 

instance. 

We propose to add subpart 836.70— 

Unique Forms for Contracting for 

Construction, Architect-Engineer 

Services, and Dismantling, Demolition, 

or Removal of Improvements, and the 

sections falling under that subpart— 

836.7000, Scope of subpart; and 

836.7001, Unique construction and 

architect-engineer services forms. This 

would prescribe forms contracting 

officers may use for construction, 

architect-engineer services or 

dismantling, demolition or removal of 

improvements. 

In 836.7000, Scope of subpart, it sets 

forth the requirements for use of VA 

unique forms. 

In the new proposed 836.7001, 

Unique construction and architectengineer services forms, we propose to 

add the following forms as prescribed 

elsewhere in the VAAR or as reflected 

in the individual prescriptions— 

In paragraph (a) we propose to add 

information referencing VA Form 6298, 

Architect-Engineer Fee Proposal (see 

853.236–70), and pointing information 

to the prescription. VA Form 6298, 

Architect-Engineer Fee Proposal, shall 

be used as prescribed in 836.606–71. 

In paragraph (b) we propose to add 

the prescription for VA Form 2138, 

Order for Supplies or Services 

(Including Task Orders for Construction 

or A–E Services) (see 853.236–71). VA 

Form 2138, Order for Supplies or 

Services (Including Task Orders for 


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Construction or A–E Services), may be 

used for ordering supplies or services, 

including task orders for Construction 

or A–E services, to include dismantling, 

demolition, or removal of 

improvements. 

In paragraph (c) we propose to add 

information referencing VA Form 

10101, Contractor Production Report 

(see 853.236–72), and pointing 

information to the prescription. 

Contractors may use VA Form 10101, 

Contractor Production Report, or a 

contractor generated form containing 

the same type of information contained 

in the form, as required by 836.573 

which prescribes the clause at 852.236– 

79, Contractor Production Report. 

VAAR Part 842—Contract 

Administration and Audit Services 

We propose to revise the authority 

citations under part 842 to include a 

reference to 41 U.S.C. 1702 which 

addresses the acquisition planning and 

management responsibilities of Chief 

Acquisition Officers and Senior 

Procurement Executives, to include 

implementation of unique procurement 

policies, regulations and standards of 

the executive agency. 

We propose to add coverage under 

VAAR subpart 842.2, Contract 

Administration Services, and 842.271, 

Contract clause for Government 

construction contract administration, to 

prescribe clause 852.242–70, 

Government Construction Contract 

Administration, that would describe 

contract administration functions to be 

delegated under construction contracts 

that exceed the micro-purchase 

threshold for construction. It would 

describe the role of the designated 

contracting officer performing contract 

administration, as well as certain 

functions that are delegated to VA 

resident engineers, if assigned. It also 

contains some language found under the 

previous clause, 852.236–78, 

Government Supervision. The 

information more properly falls under 

FAR part 42 and the VAAR supplement, 

so the new clause number more 

properly follows FAR drafting 

conventions, to include placing the 

prescription in the same part where the 

clause itself is located. 

VAAR Part 846—Quality Assurance 

We propose to revise the part 846 

authorities to replace the 38 U.S.C. 501 

citation with 41 U.S.C. 1702 which 

addresses the acquisition planning and 

management responsibilities of Chief 

Acquisition Officers and Senior 

Procurement Executives, to include 

implementation of unique procurement 

policies, regulations and standards of 

the executive agency. We also propose 

to add 41 U.S.C. 1121(c)(3) which is 

from Title 41, Public Contracts, Positive 

Law codification that speaks to the 

authority of an executive agency under 

another law to prescribe policies, 

regulations, procedures, and forms for 

procurement that are subject to the 

authority conferred in the cited section, 

as well as other sections of Title 41 as 

shown therein. 

In 846.312, Construction contracts, 

which prescribes clause 852.236–74, 

Inspection of construction, we propose 

to remove the entire section since VA 

Master Specifications provide the 

requirements for performing 

inspections. The clause is proposed for 

removal and therefore its prescription 

would be unnecessary. 

VAAR Part 852—Solicitation Provisions 

and Contract Clauses 

In 852.236–71, Specifications and 

Drawings for Construction, we propose 

to amend the clause to place with the 

contractor the responsibility for 

checking all drawings furnished 

immediately upon receipt, and 

comparing them and verifying figures 

before laying out the work. It would also 

require the prompt notification of the 

contracting officer of any discrepancies. 

It would hold the contractor responsible 

for any errors that might have been 

avoided by complying with these 

requirements, for identifying errors or 

omissions that are necessary to carry out 

the intent of the drawings and 

specifications, and for performing such 

work as if fully and correctly set forth. 

In 852.236–72, Performance of Work 

by the Contractor, we propose to amend 

the clause and Alternate 1 to make the 

text gender-neutral, to update 

terminology and to clarify language. 

In 852.236–74, Inspection of 

Construction, we propose to remove and 

reserve the clause in its entirety since 

VA Master Specifications provide the 

requirements for performing 

inspections. 

In 852.236–76, Correspondence, we 

propose to remove and reserve the 

clause since it is administrative 

guidance covered in the Notice to 

Proceed letter. 

In 852.236–77, Reference to 

‘‘Standards,’’ we propose to remove and 

reserve the clause as unnecessary since 

VA Master Specifications are used in 

VA contracts. 

In 852.236–78, Government 

Supervision, we propose to remove and 

reserve the clause and would propose to 

include a revised version at 852.242–70, 

Government Construction Contract 

Administration. 

In 852.236–79, Daily Report of 

Workers and Materials, we propose to 

amend the title of the clause to 

‘‘Contractor Production Report’’ and 

would revise the clause to reflect use of 

VA Form 10101 which is based on 

industry reporting standards. 

In 852.236–80, Subcontracts and 

Work Coordination, we propose to make 

minor capitalization corrections for 

Contractor and Contracting Officer, and 

to clarify in paragraph (d) that the 

Government reserves the right to refuse 

to permit employment on the work, or 

require dismissal from the work, of any 

subcontractor or subcontractor 

employee, who, by reason of previous 

unsatisfactory work on Department of 

Veterans Affairs projects or for any other 

reason, is considered by the contracting 

officer to be incompetent, careless, or 

otherwise objectionable. The words ‘‘or 

subcontractor employee’’ and ‘‘careless’’ 

would be added that were previously 

missing from the text. 

In 852.236–84, Schedule of Work 

Progress, we propose to remove the 

clause in its entirety and reserve it since 

the subject is already covered in the 

Network Analysis Schedules section of 

the VA Master Specifications. 

In 852.236–85, Supplementary Labor 

Standards Provisions, we propose to 

remove the clause in its entirety and 

reserve it since it is procedural and is 

addressed in FAR clauses 52.222–6, 

Construction Wage Rate Requirements, 

and 52.222–8, Payrolls and Basic 

Records. 

In 852.236–86, Workers’ 

Compensation, we propose to remove 

the clause in its entirety and reserve it 

since it merely cites a Public Law 

regarding applicability of States’ 

workers’ compensation laws. The VAAR 

is not required to cite individual States’ 

workers’ compensation laws to make 

them applicable to companies 

performing work in individual states. 

In 852.236–87, Accident Prevention, 

we propose to remove the clause in its 

entirety and reserve it since the subject 

is already covered in the Accident 

Prevention Plan section of the VA 

Master Specifications. 

In 852.236–89, Buy American Act, 

along with its Alternate I and II, we 

propose to remove and reserve the 

clause as it is redundant to the FAR and 

is unnecessary. 

In 852.236–90, Restriction on 

Submission and Use of Equal Products, 

we propose to revise the clause to 

clarify the language to reinforce that the 

submission of ‘‘equal’’ products is not 

permitted; and to reformat the clause to 

standard FAR drafting convention and 

specify that notwithstanding any other 

clause or provision, only brand name 


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products for the items listed in the fillin clause will be authorized for use on 

the contract. The prescription for this 

clause would require compliance with 

the documentation and authorizations 

required by FAR 11.105 when it is 

determined that only one product will 

meet the Government’s minimum needs. 

In 852.236–91, Special Notes, we 

propose to remove the clause in its 

entirety and reserve it since the material 

addressed is covered by the certification 

under the System for Award 

Management or under the Shop 

Drawings, Product Data & Submittals 

section of the VA Master Specifications. 

We propose to add a new clause 

852.236–92, Notice to Bidders— 

Additive or Deductive Bid Line Items, to 

provide guidance on how such bid 

items will be evaluated to determine the 

low bidder. 

We propose to add a new clause 

852.242–70, Government Construction 

Contract Administration, to enumerate 

the responsibilities being delegated. 

VAAR Part 853—Forms 

We propose to amend the authority if 

part 853 to add 41 U.S.C. 1121(c)(3) 

which is from Title 41, Public Contracts, 

that speaks to the authority of an 

executive agency under another law to 

prescribe policies, regulations, 

procedures, and forms for procurement 

that are subject to the authority 

conferred in the cited section, as well as 

other sections of Title 41 as shown 

therein. We also propose to replace the 

38 U.S.C. 501 citation with 41 U.S.C. 

1702 which addresses the acquisition 

planning and management 

responsibilities of Chief Acquisition 

Officers and Senior Procurement 

Executives, to include implementation 

of unique procurement policies, 

regulations and standards of the 

executive agency. 

In subpart 853.1—General, in 853.107, 

Obtaining forms, we propose to revise 

the text to provide the current website 

address where VA forms are obtained 

now: https://www.va.gov/vaforms/. The 

outdated address for an old VA office 

would be removed, as well as the 

outdated practice of requesting forms in 

hard copy directly from the agency 

policy office. All forms will be available 

online. 

In subpart 853.2—Prescription of 

Forms, we propose to revise the list of 

forms applicable to VAAR part 836 that 

are used between VA and its 

contractors, potential offerors or 

bidders, or the general public. 

In 853.236, Construction and 

architect-engineer contracts, in section 

853.236–70, VA Form 6298, ArchitectEngineer Fee Proposal, we are revising 

the number of the form and changing 

the location of the prescription 

reference from 836.606–71 to 

836.7001(a). 

In 853.236 we also propose to add the 

following sections identifying forms 

applicable to part 836: 

853.236–71, VA Form 2138, Order for 

Supplies or Services (Including Task 

Orders for Construction or A–E 

Services) which provides the 

prescription reference for use of the 

form for ordering supplies or services, 

including task orders for Construction 

or A–E services, to include dismantling, 

demolition, or removal of 

improvements. 

853.236–72, VA Form 10101, 

Contractor Production Report, which 

provides the prescription reference for 

use of the form or a contractor generated 

form containing the same type of 

information contained in the form. 

Effect of Rulemaking 

Title 48, Federal Acquisition 

Regulations System, Chapter 8, 

Department of Veterans Affairs, of the 

Code of Federal Regulations, as 

proposed to be revised by this 

rulemaking, would represent VA’s 

implementation of its legal authority 

and publication of the VAAR for the 

cited applicable parts. Other than future 

amendments to this rule or governing 

statutes for the cited applicable parts, or 

as otherwise authorized by approved 

deviations or waivers in accordance 

with FAR subpart 1.4, Deviations from 

the FAR, and as implemented by VAAR 

subpart 801.4, Deviations from the FAR 

or VAAR, no contrary guidance or 

procedures would be authorized. All 

existing or subsequent VA guidance 

would be read to conform with the 

rulemaking if possible or, if not 

possible, such guidance would be 

superseded by this rulemaking as 

pertains to the cited applicable VAAR 

parts. 

Executive Orders 12866, 13563 and 

13771 

Executive Orders (E.O.) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. E.O. 12866, Regulatory 

Planning and Review, defines 

‘‘significant regulatory action’’ to mean 

any regulatory action that is likely to 

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

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

Governments or communities; (2) Create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

Order.’’ 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this regulatory action, 

and it has been determined this rule is 

not a significant regulatory action under 

E.O. 12866. 

VA’s impact analysis can be found as 

a supporting document at http://

www.regulations.gov, usually within 48 

hours after the rulemaking document is 

published. Additionally, a copy of the 

rulemaking and its impact analysis are 

available on VA’s website at http://

www.va.gov/orpm by following the link 

for VA Regulations Published from FY 

2004 Through Fiscal Year to Date. This 

proposed rule is expected to be an E.O. 

13771 deregulatory action. Details on 

the estimated cost savings of this 

proposed rule can be found in the rule’s 

economic analysis. 

Paperwork Reduction Act 

This proposed rule impacts eight 

existing information collection 

requirements associated with four Office 

of Management and Budget (OMB) 

control number approvals. The 

proposed actions in this rule result in 

multiple actions affecting some of these 

information collections, such as: The 

proposed outright removal of the 

information collection; no change in 

information collection burdens although 

titles and number of the information 

collection would be slightly revised; or 

no change to the existing OMB control 

number and associated burden. 

The Paperwork Reduction Act of 1995 

(at 44 U.S.C. 3507) requires that VA 

consider the impact of paperwork and 

other information collection burdens 

imposed on the public. Under 44 U.S.C. 

3507(a), an agency may not collect or 

sponsor the collection of information, 

nor may it impose an information 

collection requirement unless it 

displays a currently valid OMB control 

number. See also 5 CFR 1320.8(b)(3)(vi). 


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This proposed rule contains one 

provision constituting a collection of 

information at 48 CFR 836.606–71, 

Architect-engineer’s proposal, 

concerning use of and prescription for 

VA Form 10–6298, Architect-Engineer 

Fee Proposal, which is proposed to be 

revised with updated thresholds and 

FAR citations, as well as an updated 

number to remove the ‘‘10–’’ currently 

part of the form number. Under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3521), no 

new collection of information is 

associated with this provision as a part 

of this proposed rule. The information 

collection requirement for 836.606–71 is 

currently approved by OMB and has 

been assigned OMB control number 

2900–0208. The burden of this 

information collection would remain 

unchanged. There would be no change 

in the information collection burden 

that is associated with this proposed 

request. However, we are proposing to 

amend the information collection 

requirement to renumber the form 

currently numbered and titled as VA 

Form 10–6298, Architect-Engineer Fee 

Proposal, to now read: VA Form 6298, 

Architect-Engineer Fee Proposal. 

Additionally, older dollar thresholds 

and FAR citations in the form would be 

updated to current levels and correct 

citations. In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521), OMB has approved 

the reporting or recordkeeping 

provisions that are included in the text 

and form under 836.606–71 cited above 

against the assigned OMB control 

number. For the requested 

administrative amendments to the form, 

as required by the Paperwork Reduction 

Act of 1995 (at 44 U.S.C. 3507(d)), VA 

has submitted this information 

collection amendment to OMB for its 

review. Notice of OMB approval for this 

information collection will be published 

in a future Federal Register document. 

Further proposed revision to the 

associated OMB control number relating 

to other provisions of this proposed rule 

are identified separately in this 

submittal. 

This proposed rule also contains two 

provisions constituting a collection of 

information at 48 CFR 852.236–72, 

Performance of Work by the Contractor; 

and 48 CFR 852.236–88, Contract 

Changes—Supplement, that would 

remain unchanged. Under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3521), no 

new or proposed revised collection of 

information is associated with these 

provisions as a part of this proposed 

rule. The information collection 

requirements for 852.236–72 and 

852.236–88 are currently approved by 

OMB and have been assigned OMB 

control number 2900–0422. The burden 

of these information collections would 

remain unchanged. In accordance with 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521), OMB has 

approved the reporting or recordkeeping 

provisions that are included in the 

clause at 852.236–72 and 852.236–88 

cited above and against the assigned 

OMB control number. Further proposed 

revision to the associated OMB control 

number relating to other information 

collections and provisions of this 

proposed rule are identified separately 

in this submittal. 

This proposed rule would impose the 

following amended information 

collection requirements to one of the 

four existing information collection 

approval numbers associated with this 

proposed rule. Although this action 

contains the following provision 

constituting a collection of information 

at 48 CFR 852.236–79, under the 

provisions of the Paperwork Reduction 

Act (44 U.S.C. 3501–3521), no new 

proposed collection of information is 

associated with this provision as a part 

of this proposed rule. The information 

collection requirement for 852.236–79 is 

currently approved by OMB and has 

been assigned OMB control number 

2900–0208. There would be no change 

in the information collection burden 

that is associated with this proposed 

request. However, we are proposing to 

amend the information collection 

requirement to revise the title and to 

renumber the form currently numbered 

and titled as VA Form 10–6131, Daily 

Log (Contract Progress Report—Formal 

Contract) to replace this form, along 

with replacing the number and title of 

VA Form 10–6001a, Supplement 

Contract Progress Report with one new 

number, title and format—VA Form 

10101, Contractor Production Report. As 

required by the Paperwork Reduction 

Act of 1995 (at 44 U.S.C. 3507(d)), VA 

has submitted this information 

collection amendment to OMB for its 

review. Notice of OMB approval for this 

information collection will be published 

in a future Federal Register document. 

The currently approved burden remains 

unchanged. 

This action also contains a provision 

constituting a collection of information 

at 48 CFR 852.236–80, however, under 

the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501–3521), 

no new proposed collection of 

information is associated with this 

provision as a part of this proposed rule. 

The information collection requirement 

for 852.236–80 is currently approved by 

OMB and has been assigned OMB 

control number 2900–0422. The 

currently approved burden associated 

with this clause would remain 

unchanged. However, this information 

collection has been submitted to OMB 

to amend the information collection 

requirement to make a minor correction 

to the title of the clause, as stated in 

paragraph 1 of the Supporting 

Statement, to reflect the full name of the 

clause—‘‘Subcontracts and Work 

Coordination’’ in lieu of an abbreviated 

title reflected on the Supporting 

Statement—‘‘Work Coordination.’’ The 

clause was otherwise referenced 

correctly in the remainder of the 

supporting statement. As required by 

the Paperwork Reduction Act of 1995 (at 

44 U.S.C. 3507(d)), VA has submitted 

this information collection amendment 

to OMB for its review to revise the title 

in paragraph 1 of the submitted 

statement. Notice of OMB approval for 

this information collection will be 

published in a future Federal Register 

document. 

This proposed rule would remove one 

of the existing information collection 

requirements associated with this action 

at 48 CFR 852.236–84, Schedule of 

Work Progress. Under the provisions of 

the Paperwork Reduction Act (44 U.S.C. 

3501–3521), while the actual OMB 

control number will remain in existence 

due to other information collections on 

the same OMB control number that are 

approved and active, it discontinues the 

inclusion of 852.236–84 under the 

associated corresponding approved 

OMB control number, 2900–0422. As a 

result of this proposed rule, there would 

be a removal in the information 

collection burden that is associated with 

it. For 48 CFR 852.236–84, Schedule of 

Work Progress, as now included on 

OMB control number 2900–0422, this 

would result in a removal of 1828.5 

estimated annual burden hours and an 

annual cost savings of $70,800. As 

required by the Paperwork Reduction 

Act of 1995 (at 44 U.S.C. 3507(d)), VA 

has submitted this information 

collection amendment to OMB for its 

review. Notice of OMB approval for this 

information collection will be published 

in a future Federal Register document. 

This proposed rule would remove two 

of the existing information collection 

requirements associated with this action 

at 48 CFR 852.236–89, Buy American 

Act; and 852.236–91, Special Notes. 

Under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501–3521), it 

discontinues the associated 

corresponding approved OMB control 

numbers, 2900–0622 and 2900–0623, 

respectively. As a result of this 

proposed rule, there would be a removal 


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in the information collection burden 

that is associated with it. For 48 CFR 

852.236–89, Buy American Act, and its 

corresponding OMB control number 

2900–0622, this would result in a 

removal of 22 estimated annual burden 

hours and an annual cost savings to 

respondents of $852. For 48 CFR 

852.236–91, Special Notes, and its 

corresponding OMB control number 

2900–0623, this would result in a 

removal of 778 estimated annual burden 

hours and an annual cost savings of 

$30,122. As required by the Paperwork 

Reduction Act of 1995 (at 44 U.S.C. 

3507(d)), VA has submitted these 

information collection amendments to 

OMB for its review. Notice of OMB 

approval for this information collection 

will be published in a future Federal 

Register document. 

Regulatory Flexibility Act 

This proposed rule would not have a 

significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

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

overall impact of the proposed rule 

would be of benefit to small businesses 

owned by Veterans or service-disabled 

Veterans as the VAAR is being updated 

to remove extraneous procedural 

information that applies only to VA’s 

internal operating processes or 

procedures. VA estimates no cost 

impact to individual business would 

result from these rule updates. This 

rulemaking clarifies VA’s policy 

regarding the contracting order of 

priority for Service-Disabled VeteranOwned Small Businesses (SDVOSBs) 

and Veteran-Owned Small Businesses 

(VOSBs) as a result of VA’s 

implementation of 38 U.S.C. 8127–8128 

as a result of the U.S. Supreme Court’s 

decision in Kingdomware Technologies, 

Inc. vs. the United States, July 25, 2018, 

only as it pertains to the application of 

the VA Rule of Two to contracts for 

construction and architect-engineer 

contracts in accordance with Public Law 

109–461 as codified at 38 U.S.C. 8127– 

8128. It does not have an economic 

impact to individual businesses, and 

there are no increased or decreased 

costs to small business entities. On this 

basis, this proposed rule would not have 

a significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act, 5 U.S.C. 601–612. 

Therefore, under 5 U.S.C. 605(b), this 

regulatory action is exempt from the 

initial and final regulatory flexibility 

analysis requirements of sections 603 

and 604. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

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

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

Governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This proposed rule would 

have no such effect on State, local, and 

tribal Governments or on the private 

sector. 

List of Subjects 

48 CFR Part 801 

Administrative practice and 

procedure, Government procurement, 

Reporting and recordkeeping 

requirements. 

48 CFR Part 825 

Customs duties and inspection, 

Foreign currencies, Foreign trade, 

Government procurement. 

48 CFR Parts 836 and 852 

Government procurement, Reporting 

and recordkeeping requirements. 

48 CFR Part 842 

Accounting, Government 

procurement. 

48 CFR Parts 846 and 853 

Government procurement. 

Signing Authority 

The Secretary of Veterans Affairs 

approved this document and authorized 

the undersigned to sign and submit the 

document to the Office of the Federal 

Register for publication electronically as 

an official document of the Department 

of Veterans Affairs. Robert L. Wilkie, 

Secretary, Department of Veterans 

Affairs, approved this document on 

August 20, 2018, for publication. 

Dated: August 21, 2018. 

Consuela Benjamin, 

Regulations Development Coordinator, Office 

of Regulation Policy & Management, Office 

of the Secretary, Department of Veterans 

Affairs. 

For the reasons set out in the 

preamble, VA proposes to amend 48 

CFR parts 801, 825, 836, 842, 846, 852, 

and 853 as follows: 

PART 801—DEPARTMENT OF 

VETERANS AFFAIRS ACQUISITION 

REGULATION SYSTEM 

■ 1. The authority citation for part 801 

continues to read as follows: 

Authority: 38 U.S.C. 8123; 38 U.S.C. 8153; 

38 U.S.C. 8303; 40 U.S.C. 121(c); 41 U.S.C. 

1702; 41 U.S.C. 1707; and 48 CFR 1.301– 

1.304. 

Subpart 801.1—Purpose, Authority, 

Issuance 

801.106 [Amended] 

■ 2. In section 801.106, under the table 

columns titled ‘‘48 CFR part or section 

where identified and described’’ and 

‘‘Current OMB control number’’: 

■ a. Remove the reference to 852.236–84 

and add in its place 852.236–83. 

■ b. Remove the reference to 852.236–89 

and the corresponding OMB Control 

Number 2900–0622. 

■ c. Remove the reference to 852.236–91 

and the corresponding OMB Control 

Number 2900–0623. 

PART 825—FOREIGN ACQUISITION 

■ 3. The authority citation for part 825 

is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 41 U.S.C. 

1702; and 48 CFR 1.301–1.304. 

Subpart 825.2 [Removed and Reserved] 

■ 4. Subpart 825.2 is removed and 

reserved. 

Subpart 825.11 [Removed and 

Reserved] 

■ 5. Subpart 825.11 is removed and 

reserved. 

PART 836—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

■ 6. The authority citation for part 836 

is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 41 U.S.C. 

1121(c)(3), 1303(a)(2) and 1702; and 48 CFR 

1.301–1.304. 

Subpart 836.2—Special Aspects of 

Contracting for Construction 

■ 7. Section 836.202 is revised to read 

as follows: 

836.202 Specifications. 

■ 8. Section 836.202–70 is added to read 

as follows: 

836.202–70 Specifications—use of equal 

products. 

Upon approval of the justification 

documentation required by FAR 11.105, 

Items peculiar to one manufacturer, the 

contracting officer shall include the 

clause found at 852.236–90, Restriction 

on Submission and Use of Equal 

Products, in solicitations and contracts. 

The contracting officer shall complete 

the clause by inserting the items which 

have been approved for restriction to a 

brand name. This clause also places 

offerors or bidders on notice that the 

‘‘brand name’’ provisions of any clause 

or provision that may authorize the 


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submission of an ‘‘equal’’ product, shall 

not apply to the specific items listed in 

clause 852.236–90. 

■ 9. Section 836.203 is revised to read 

as follows: 

836.203 Government estimate of 

construction costs. 

■ 10. Section 836.203–70 is added to 

read as follows: 

836.203–70 Protection of the independent 

government estimate—sealed bid. 

For sealed bid acquisitions the 

contracting officer or bid custodian is 

not authorized to release the basis for 

calculating the estimate at any time. The 

person preparing the independent 

government estimate (IGE) shall— 

(a) Designate the IGE as ‘‘For Official 

Use Only (FOUO)’’; 

(b) The contracting officer or bid 

custodian shall file a sealed copy of the 

IGE with the bids. (In the case of twostep acquisitions, the contracting officer 

or bid custodian accomplishes this 

during the second step); 

(c) After the bids are read and 

recorded during a Public Bid Opening, 

remove the ‘‘For Official Use Only 

(FOUO)’’ designation then read and 

record the estimate as if it were a bid, 

in the same detail as the bids; and 

(d) In instances where only one bid 

has been received, the government 

estimate shall not be read by the 

contracting officer as it may be needed 

to conduct negotiations with the offeror. 

■ 11. Section 836.204 is revised to read 

as follows: 

836.204 Disclosure of the magnitude of 

construction projects. 

The contracting officer shall utilize 

the estimated price ranges defined in 

FAR 36.204 as further supplemented 

below when identifying the magnitude 

of a VA project in advance notices and 

solicitations: 

(f) For estimated price ranges between 

$1,000,000 and $5,000,000, the 

contracting officer shall identify the 

magnitude of a VA project in advance 

notices and solicitations in terms of the 

following price ranges: 

(1) Between $1,000,000 and 

$2,000,000. 

(2) Between $2,000,000 and 

$5,000,000. 

(g) Between $5,000,000 and 

$10,000,000. 

(h) For estimated price ranges greater 

than $10,000,000, the contracting officer 

shall identify the magnitude of a VA 

project in advance notices and 

solicitations in terms of one of the 

following price ranges: 

(1) Between $10,000,000 and 

$20,000,000. 

(2) Between $20,000,000 and 

$50,000,000. 

(3) Between $50,000,000 and 

$100,000,000. 

(4) Between $100,000,000 and 

$150,000,000. 

(5) Between $150,000,000 and 

$200,000,000. 

(6) Between $200,000,000 and 

$250,000,000. 

(7) More than $250,000,000. 

836.206 [Removed] 

■ 12. Section 836.206 is removed. 

836.209 [Removed] 

■ 13. Section 836.209 is removed. 

836.213, 836.213–4, and 836.213–70 

[Removed] 

■ 14. Sections 836.213, 836.213–4, and 

836.213–70 are removed. 

Subpart 836.5—Contract Clauses 

■ 15. Section 836.500 is revised to read 

as follows: 

836.500 Scope of subpart. 

The clauses and provisions prescribed 

in this subpart are set forth for use in 

fixed-price construction contracts in 

addition to those in FAR subpart 36.5. 

■ 16. Section 836.501 is revised to read 

as follows: 

836.501 Performance of work by the 

contractor. 

The contracting officer shall insert the 

clause at 852.236–72, Performance of 

Work by the Contractor, in solicitations 

and contracts for construction that 

contain the FAR clause at 52.236–1, 

Performance of Work by the Contractor, 

except those awarded pursuant to 

subpart 819.70. When the solicitations 

or contracts include a section entitled 

‘‘Network Analysis System (NAS),’’ the 

contracting officer shall use the clause 

with its Alternate I. 

836.513 [Removed] 

■ 17. Section 836.513 is removed. 

■ 18. Section 836.521 is revised to read 

as follows: 

836.521 Specifications and drawings for 

construction. 

The contracting officer shall insert the 

clause at 852.236–71, Specifications and 

Drawings for Construction, in 

solicitations and contracts for 

construction that include the FAR 

clause at 52.236–21, Specifications and 

Drawings for Construction. 

836.570 [Removed] 

■ 19. Section 836.570 is removed. 

836.571 [Removed] 

■ 20. Section 836.571 is removed. 

836.572 [Removed] 

■ 21. Section 836.572 is removed. 

■ 22. Section 836.573 is revised to read 

as follows: 

836.573 Contractor production report. 

The contracting officer shall insert the 

clause at 852.236–79, Contractor 

Production Report, in solicitations and 

contracts for construction expected to 

exceed the simplified acquisition 

threshold. The contracting officer may, 

when in the best interest of the 

Government, insert the clause in 

solicitations and contracts for 

construction when the contract amount 

is expected to be at or below the 

simplified acquisition threshold. 

■ 23. Section 836.574 is revised to read 

as follows: 

836.574 Subcontracts and work 

coordination. 

The contracting officer shall insert the 

clause at 852.236–80, Subcontracts and 

Work Coordination, in invitations for 

bids and contracts for construction 

expected to exceed the micro-purchase 

threshold for construction. When the 

solicitations or contracts are for new 

construction work with complex 

mechanical-electrical work, the 

contracting officer may use the clause 

with its Alternate I. 

836.575 [Removed] 

■ 24. Section 836.575 is removed. 

836.576 [Removed] 

■ 25. Section 836.576 is removed. 

836.577 [Removed] 

■ 26. Section 836.577 is removed. 

836.579 [Removed] 

■ 27. Section 836.579 is removed. 

■ 28. Section 836.580 is added to read 

as follows: 

836.580 Notice to bidders—additive or 

deductive bid line items. 

The contracting officer may include 

the provision 852.236–92, Notice to 

Bidders—Additive or Deductive Bid 

Line Items, in invitations for bids when 

the contracting officer determines that 

funds may not be available for all the 

desired construction features at contract 

award. 

Subpart 836.6—Architect-Engineer 

Services 

836.602, 836.602–1, 836.602–2, 836.602–4, 

and 836.602–5 [Removed] 

■ 29. Sections 836.602, 836.602–1, 

836.602–2, 836.602–4, and 836.602–5 

are removed. 

■ 30. Section 836.603 is revised to read 

as follows: 


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836.603 Collecting data on and appraising 

firms’ qualifications. 

The Associate Executive Director, 

Office of Facilities Engineering, for 

Central Office; the Director, Office of 

Construction Management, for National 

Cemetery Administration; the Senior 

Executive Service for Administration 

and Facilities for Veterans Benefits 

Administration; and the Chief, 

Engineering Service, for field facilities, 

are responsible for collecting Standard 

Forms 330 and maintaining a data file 

on architect-engineer qualifications. 

■ 31. Sections 836.606, 836.606–70, and 

836.606–71 are revised to read as 

follows: 

836.606 Negotiations. 

836.606–70 Architect-engineer firms’ 

proposal. 

(a) When the contract price is 

estimated to be $50,000 or more, the 

contracting officer shall use VA Form 

6298, Architect-Engineer Fee Proposal, 

to obtain the proposal and supporting 

cost data from the proposed contractor 

and subcontractor in the negotiation of 

an A–E contract for design services. 

(b) In obtaining A–E services for 

research study, seismic study, master 

planning study, construction 

management and other related services 

contracts, the contracting officer shall 

use VA Form 6298, supplemented or 

modified as needed for the particular 

project type. 

836.606–71 Application of 6 percent 

architect-engineer fee limitation. 

(a) The production and delivery of 

designs, plans, drawings, and 

specifications shall not exceed 6 percent 

of the estimated cost of construction. 

Other A–E fees are not included in this 

6 percent. Such fees are delineated in 

paragraph (c) of this section. 

(b) The 6 percent limit also applies to 

contract modifications, including 

modifications involving: 

(1) Work not initially included in the 

contract. Apply the 6 percent limit to 

the revised total estimated construction 

cost. 

(2) Redesign. Apply the 6 percent 

limit as follows— 

(i) Add the estimated construction 

cost of the redesign features to the 

original estimated construction cost; 

(ii) Add the contract cost for the 

original design to the contract cost for 

redesign; and, 

(iii) Divide the total contract design 

cost by the total estimated construction 

cost. The resulting percentage may not 

exceed the 6 percent statutory 

limitation. 

(c) The 6 percent fee limitation does 

not apply to the following architect or 

engineer services: 

(1) Investigative services including 

but not limited to— 

(i) Determination of program 

requirements, including schematic or 

preliminary plans and estimates; 

(ii) Determination of feasibility of 

proposed project; 

(iii) Preparation of measured drawings 

of existing facility; 

(iv) Subsurface investigation; 

(v) Structural, electrical, and 

mechanical investigation of existing 

facility; 

(vi) Surveys: topographic, boundary, 

utilities, etc.; 

(vii) Environmental services; 

(viii) Geo-Tech studies; and 

(ix) Feasibility studies. 

(2) Special consultant services that are 

not normally available in organizations 

of architects or engineers and that are 

not specifically applied to the actual 

preparation of working drawings or 

specifications of the project for which 

the service are required. 

(3) Other— 

(i) Reproduction of approved designs 

through models, color renderings, 

photographs, or other presentation 

media; 

(ii) Travel and per diem allowances 

other than those required for the 

development and review of working 

drawings and specifications; 

(iii) Supervision or inspection of 

construction, review of shop drawings 

or samples, and other services 

performed during the construction 

phase; 

(iv) All other services that are not an 

integral part of the production and 

delivery of plans, designs, and 

specifications; and, 

(v) The cost of reproducing drawings 

and specifications for bidding and their 

distribution to prospective bidders and 

plan file rooms. 

836.606–72 and 836.606–73 [Removed] 

■ 32. Sections 836.606–72 and 836.606– 

73 are removed. 

■ 33. Subpart 836.70 is added to read as 

follows: 

Subpart 836.70—Unique Forms for 

Contracting for Construction, 

Architect-Engineer Services, and 

Dismantling, Demolition, or Removal of 

Improvements 

836.7000 Scope of subpart. 

This subpart sets forth requirements 

for the use of VA unique forms, as 

prescribed in this part, for contracting 

for construction, architect-engineer 

services, or dismantling, demolition, or 

removal of improvements. See part 853. 

836.7001 Unique construction and 

architect-engineer services forms. 

Contracting officers may use the 

following forms, as prescribed in this 

part or subpart, for construction, 

architect-engineer services or 

dismantling, demolition, or removal of 

improvements contracts as set forth 

below and in the referenced 

prescriptions: 

(a) VA Form 6298, Architect-Engineer 

Fee Proposal (see 853.236–70). 

VA Form 6298, Architect-Engineer 

Fee Proposal, shall be used as 

prescribed in 836.606–70. 

(b) VA Form 2138, Order for Supplies 

or Services (Including Task Orders for 

Construction or A–E Services) (see 

853.236–71). VA Form 2138, Order for 

Supplies or Services (Including Task 

Orders for Construction or A–E 

Services), may be used for ordering 

supplies or services, including task 

orders for Construction or A–E services, 

to include dismantling, demolition, or 

removal of improvements. 

(c) VA Form 10101, Contractor 

Production Report (see 853.236–72). 

Contractors may use VA Form 10101, 

Contractor Production Report or a 

contractor generated form containing 

the same type of information contained 

in the form, as required by 836.573 

which prescribes the clause at 852.236– 

79, Contractor Production Report. 

PART 842—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 34. The authority citation for part 842 

is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 41 U.S.C. 

1702; and 48 CFR 1.301–1.304. 

■ 35. Subpart 842.2 is added to read as 

follows: 

Subpart 842.2—Contract 

Administration Services 

842.271 Contract clause for Government 

construction contract administration. 

The contracting officer shall insert the 

clause at 852.242–70, Government 

Construction Contract Administration, 

in solicitations and contracts for 

construction expected to exceed the 

micro-purchase threshold for 

construction. 

PART 846—QUALITY ASSURANCE 

■ 36. The authority citation for part 846 

is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 41 U.S.C. 

1121(c)(3); 41 U.S.C. 1702; and 48 CFR 

1.301–1.304. 

846.312 [Removed] 

■ 37. Section 846.312 is removed. 


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PART 852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 38. The authority citation for part 852 

continues to read as follows: 

Authority: 38 U.S.C. 8127–8128, and 

8151–8153; 40 U.S.C. 121(c); 41 U.S.C. 

1121(c)(3); 41 U.S.C. 1702; and 48 CFR 

1.301–1.304. 

■ 39. Section 852.236–71 is revised to 

read as follows: 

852.236–71 Specifications and Drawings 

for Construction. 

As prescribed in 836.521, insert the 

following clause: 

Specifications and Drawings for 

Construction (Date) 

The clause entitled ‘‘Specifications and 

Drawings for Construction’’ in FAR 52.236– 

21 is supplemented as follows: 

(a) The Contracting Officer’s interpretation 

of the drawings and specifications will be 

final, subject to the Disputes clause. 

(b) The Contractor shall— 

(1) Check all drawings and specifications 

furnished immediately upon receipt; 

(2) Compare all drawings and the 

specifications, and verify the figures before 

laying out the work; 

(3) Promptly notify the Contracting Officer 

of any discrepancies; 

(4) Be responsible for any errors that might 

have been avoided by complying with this 

paragraph (b); and 

(5) Reproduce and print contract drawings 

and specifications as needed. 

(c) In general— 

(1) Drawings of greater detail shall govern 

over drawings of lesser detail unless 

specifically noted otherwise; and 

(2) Figures and numerical quantities noted 

on drawings govern over scale 

measurements. 

(d) Omissions from the drawings or 

specifications or the misdescription of details 

of work that are manifestly necessary to carry 

out the intent of the drawings and 

specifications, or that are customarily 

performed, shall not relieve the Contractor 

from performing such omitted or 

misdescribed details of the work. The 

Contractor shall perform such details as if 

fully and correctly set forth and described in 

the drawings and specifications. 

(e) The work shall conform to the 

specifications and the contract drawings 

identified on the following index of 

drawings: 

Title File Drawing No. 

(End of clause) 

■ 40. Section 852.236–72 is revised to 

read as follows: 

852.236–72 Performance of Work by the 

Contractor. 

As prescribed in 836.501, insert the 

following clause: 

Performance of Work by the Contractor 

(Date) 

(a) In accordance with FAR 52.236–1, the 

contract work accomplished on the site by 

laborers, mechanics, and foreman/ 

superintendent on the contractor’s payroll 

and under their direct supervision shall be 

used in establishing the percent of work to 

be performed by the Contractor. Cost of 

material and equipment installed by such 

labor may be included. The work by the 

contractor’s executive, administrative and 

clerical forces shall be excluded in 

establishing compliance with the 

requirements of this clause. 

(b) The Contractor shall submit, 

simultaneously with the schedule of costs 

required by the Payments under Fixed-Price 

Construction Contracts clause of the contract, 

a statement designating the portions of 

contract work to be performed with the 

contractor’s own forces. The approved 

schedule of costs will be used in determining 

the value of a work activity/event, or portions 

thereof, of the work for the purpose of this 

article. 

(c) Changes to established activity/event 

identifiers or responsibility codes for 

Contractor activities shall not be made 

without approval from the Contracting 

Officer. 

(d) In the event the Contractor fails to 

comply with FAR 52.236–1, Performance of 

Work by the Contractor, the Contracting 

Officer will withhold retention in the amount 

of 15% of the value of any work activity/ 

element being invoiced that was not 

authorized by the Contracting Officer to be 

performed by someone other than the prime 

contractor’s own workforce. 

(End of clause) 

Alternate I (DATE). For requirements 

which include a Network Analysis System 

(NAS), substitute the following paragraph (b) 

for paragraph (b) of the basic clause: 

(b) The Contractor shall submit, 

simultaneously with the cost per activity of 

the construction schedule required by 

Section 01310 or 01311, NETWORK 

ANALYSIS SYSTEM, a responsibility code 

for all activities of the network for which the 

contractor’s forces will perform the work. 

The cost of these activities will be used in 

determining the portions of the total contract 

work to be executed by the contractor’s forces 

for the purpose of this article. 

852.236–74 [Removed and Reserved] 

■ 41. Section 852.236–74 is removed 

and reserved. 

852.236–76 [Removed and Reserved] 

■ 42. Section 852.236–76 is removed 

and reserved. 

852.236–77 [Removed and Reserved] 

■ 43. Section 852.236–77 is removed 

and reserved. 

852.236–78 [Removed and Reserved] 

■ 44. Section 852.236–78 is removed 

and reserved. 

■ 45. Section 852.236–79 is revised to 

read as follows: 

852.236–79 Contractor Production Report. 

As prescribed in 836.573, insert the 

following clause: 

Contractor Production Report (Date) 

(a) The Contractor shall furnish to the 

resident engineer, for each workday, a 

consolidated report for the preceding 

workday. Reporting shall begin from date of 

mobilization until the date of final 

acceptance except for authorized holidays. 

VA Form 10101, Contractor Production 

Report, or a Contractor generated form 

containing the same type of information shall 

be signed, dated and submitted by the 

Contractor superintendent. 

(b) Each report shall include and 

specifically identify at least one safety topic 

germane to the jobsite that day. 

(End of clause) 

■ 46. Section 852.236–80 is revised to 

read as follows: 

852.236–80 Subcontracts and Work 

Coordination. 

As prescribed in 836.574, insert the 

following clause: 

Subcontracts and Work Coordination 

(Date) 

(a) Nothing contained in this contract shall 

be construed as creating any contractual 

relationship between any subcontractor and 

the Government. Divisions or sections of 

specifications are not intended to control the 

Contractor in dividing work among 

subcontractors, or to limit work performed by 

any trade. 

(b) The Contractor shall be responsible to 

the Government for acts and omissions of 

his/her own employees, and of the 

subcontractors and their employees. The 

Contractor shall also be responsible for 

coordination of the work of the trades, 

subcontractors, and material suppliers. 

(c) The Government or its representatives 

will not undertake to settle any differences 

between the Contractor and subcontractors or 

between subcontractors. 

(d) The Government reserves the right to 

refuse to permit employment on the work, or 

require dismissal from the work, of any 

subcontractor or subcontractor employee 

who, by reason of previous unsatisfactory 

work on Department of Veterans Affairs 

projects or for any other reason, is considered 

by the Contracting Officer to be incompetent, 

careless, or otherwise objectionable. 

(End of clause) 

Alternate I (DATE). For new construction 

work with complex mechanical-electrical 

work, the following paragraph relating to 

work coordination may be substituted for 

paragraph (b) of the basic clause: 

(b) The Contractor shall be responsible to 

the Government for acts and omissions of 

his/her own employees, and subcontractors 

and their employees. The Contractor shall 

also be responsible for coordination of the 

work of the trades, subcontractors, and 

material suppliers. The Contractor shall, in 

advance of the work, prepare coordination 

drawings showing the location of openings 


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through slabs, the pipe sleeves and hanger 

inserts, as well as the location and elevation 

of utility lines, including, but not limited to, 

conveyor systems, pneumatic tubes, ducts, 

and conduits and pipes 2 inches and larger 

in diameter. These drawings, including 

plans, elevations, and sections as 

appropriate, shall clearly show the manner in 

which the utilities fit into the available space 

and relate to each other and to existing 

building elements. Drawings shall be of 

appropriate scale to satisfy the previously 

stated purposes, but not smaller than 32044;8

-inch scale. Drawings may be composite 

(with distinctive colors for the various trades) 

or may be separate but fully coordinated 

drawings (such as sepias or photographic 

paper reproducibles) of the same scale. 

Separate drawings shall depict identical 

building areas or sections and shall be 

capable of being overlaid in any combination. 

The submitted drawings for a given area of 

the project shall show the work of all trades 

that will be involved in that particular area. 

Six complete composite drawings or six 

complete sets of separate reproducible 

drawings shall be received by the 

Government not less than 20 days prior to the 

scheduled start of the work in the area 

illustrated by the drawings, for the purpose 

of showing the Contractor’s planned methods 

of installation. The objectives of such 

drawings are to promote carefully planned 

work sequence and proper trade 

coordination, in order to assure the 

expeditious solutions of problems and the 

installation of lines and equipment as 

contemplated by the contract documents 

while avoiding or minimizing additional 

costs to the Contractor and to the 

Government. In the event the Contractor, in 

coordinating the various installations and in 

planning the method of installation, finds a 

conflict in location or elevation of any of the 

utilities with themselves, with structural 

items or with other construction items, he/ 

she shall bring this conflict to the attention 

of the Contracting Officer immediately. In 

doing so, the Contractor shall explain the 

proposed method of solving the problem or 

shall request instructions as to how to 

proceed if adjustments beyond those of usual 

trades’ coordination are necessary. Utilities 

installation work will not proceed in any area 

prior to the submission and completion of 

the Government review of the coordinated 

drawings for that area, nor in any area in 

which conflicts are disclosed by the 

coordination drawings, until the conflicts 

have been corrected to the satisfaction of the 

Contracting Officer. It is the responsibility of 

the Contractor to submit the required 

drawings in a timely manner consistent with 

the requirements to complete the work 

covered by this contract within the 

prescribed contract time. 

852.236–84 [Removed and Reserved] 

■ 47. Section 852.236–84 is removed 

and reserved. 

852.236–85 [Removed and Reserved] 

■ 48. Section 852.236–85 is removed 

and reserved. 

852.236–86 [Removed and Reserved] 

■ 49. Section 852.236–86 is removed 

and reserved. 

852.236–87 [Removed and Reserved] 

■ 50. Section 852.236–87 is removed 

and reserved. 

852.236–89 [Removed and Reserved] 

■ 51. Section 852.236–89 is removed 

and reserved. 

■ 52. Section 852.236–90 is revised to 

read as follows: 

852.236–90 Restriction on Submission and 

Use of Equal Products. 

As prescribed in 836.202–70, insert 

the following clause in solicitations and 

contracts when it is determined that 

only one product will meet the 

Government’s minimum needs and the 

submission of ‘‘equal’’ products is not 

permitted: 

Restriction on Submission and Use of 

Equal Products (Date) 

(a) This clause applies to the following 

items: [Contracting Officer fill-in] 

lllllllllllllllllllll

lllllllllllllllllllll

lllllllllllllllllllll

(b) Notwithstanding the ‘‘Material and 

Workmanship’’ clause of this contract, FAR 

52.236–5(a), nor any other clause or 

provision, only brand name products for the 

items listed above will be authorized for use 

on this contract. 

(End of clause) 

852.236–91 [Removed and Reserved] 

■ 53. Section 852.236–91 is removed 

and reserved. 

■ 54. Section 852.236–92 is added to 

read as follows: 

852.236–92 Notice to Bidders—Additive or 

Deductive Bid Line Items. 

As prescribed in 836.580, insert the 

following provision: 

Notice to Bidders—Additive or 

Deductive Bid Line Items (Date) 

(a) Additive or deductive line items in the 

Schedule shall be evaluated to determine the 

low offeror and the items to be awarded. The 

evaluation shall be made as follows— 

(1) Prior to the opening of bids, the 

Government will determine the amount of 

funds available for the project. 

(2) The low bid shall be the Bidder that— 

(i) Is otherwise eligible for award; and 

(ii) Offers the lowest aggregate amount for 

the first or base line item, plus or minus (in 

the order stated in the list of priorities in the 

bid schedule) those additive or deductive 

line items that provide the most features 

within the funds determined available. 

(3) All bids shall be evaluated on the basis 

of the same additive or deductive line items. 

(i) If adding another item from the bid 

schedule list of priorities would make the 

award exceed the available funds for all 

offerors, the Contracting Officer will skip that 

item and go to the next item from the bid 

schedule of priorities; and 

(ii) Add that next item if an award may be 

made that includes that line item and is 

within the available funds. 

(b) The Contracting Officer will use the list 

of priorities in the bid Schedule only to 

determine the low offeror. After determining 

the low offeror, an award may be made on 

any combination of items if— 

(1) It is in the best interest of the 

Government; 

(2) Funds are available at the time of 

award; and 

(3) The low offeror’s price for the 

combination to be awarded is less than the 

price offered by any other responsive, 

responsible offeror. 

(c) Example. ‘‘The amount available is 

$100,000. Offeror A’s base bid and four 

additives (in the order stated in the list of 

priorities in the bid Schedule) are $85,000, 

$10,000, $8,000, $6,000, and $4,000. Offeror 

B’s base bid and four additives are $80,000, 

$16,000, $9,000, $7,000, and $4,000. Offeror 

A is the low offeror. The aggregate amount 

of offeror A’s bid for purposes of award 

would be $99,000, which includes a base bid 

plus the first and fourth additives. The 

second and third additives were skipped 

because each of them would cause the 

aggregate bid to exceed $100,000.’’ 

(End of provision) 

■ 55. Section 852.242–70 is added as 

follows: 

852.242–70 Government Construction 

Contract Administration. 

As prescribed in 842.271, insert the 

following clause. This is a fill-in clause. 

Government Construction Contract 

Administration (Date) 

(a) Contract administration functions set 

forth in FAR 42.302 are hereby delegated to: 

[Insert name and office address of 

Contracting Officer] 

(b) The work will be under the direction 

of a Department of Veterans Affairs 

Contracting Officer, who may designate 

another VA employee to act as resident 

engineer at the construction site. 

(c) Except as provided below, the resident 

engineer’s directions will not conflict with or 

change contract requirements. Within the 

limits of any specific authority delegated by 

the Contracting Officer, the resident engineer 

may, by written direction, make changes in 

the work. The Contractor shall be advised of 

the extent of such authority prior to 

execution of any work under the contract. 

(d) The Contracting Officer identified in 

paragraph (a) of this clause may further 

delegate the responsibilities below to the 

following warranted personnel on site: 

[Insert name and office address of 

individual with limited authority] 

(1) Conduct post-award orientation 

conferences. 

(2) Issue administrative changes, correcting 

errors or omissions in typing, Contractor 

address, facility or activity code, remittance 


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address, computations which do not required 

additional contract funds, and other such 

changes (see FAR 43.101). 

(3) For actions not to exceed $ (insert 

dollar amount) negotiate and execute 

supplemental agreements incorporating 

Contractor proposals resulting from change 

orders issued under the Changes clause. 

(4) Negotiate and execute supplemental 

agreements changing contract delivery 

schedules where the time extension does not 

exceed (insert number) calendar days. 

(End of clause) 

PART 853—FORMS 

■ 56. The authority citation for part 853 

is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 41 U.S.C. 

1702; and 48 CFR 1.301–1.304. 

Subpart 853.1—General 

■ 57. Section 853.107 is revised to read 

as follows: 

853.107 Obtaining forms. 

VA forms may be obtained online at 

https://www.va.gov/vaforms/ or upon 

request from any VA contracting office. 

Subpart 853.2—Prescription of Forms 

■ 58. Sections 853.236 and 853.236–70 

are revised to read as follows: 

853.236 Construction and architectengineer contracts. 

853.236–70 VA Form 6298, ArchitectEngineer Fee Proposal (see 836.7001(a)). 

■ 59. Sections 853.236–71 and 

853.236.72 are added to read as follows: 

853.236–71 VA Form 2138, Order for 

Supplies or Services (Including Task Orders 

for Construction or A–E Services) (see 

836.7001(b)). 

853.236–72 VA Form 10101, Contractor 

Production Report (see 836.7001(c)). 

[FR Doc. 2018–18309 Filed 9–6–18; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 180207141–8783–01] 

RIN 0648–BH74 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Groundfish Bottom Trawl and 

Midwater Trawl Gear in the Trawl 

Rationalization Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes revising 

Federal regulations that restrict the use 

and configuration of bottom and 

midwater trawl gear for vessels fishing 

under the Pacific Coast Groundfish 

Fishery’s Trawl Rationalization 

Program. The gear restrictions were 

originally implemented to limit 

discarding and protect overfished 

rockfish species. These restrictions are 

no longer necessary because of changes 

to the fishery, including implementation 

of the Trawl Rationalization Program in 

2011, and improved status of a number 

of overfished rockfish stocks. By 

eliminating these regulations, the 

proposed action could increase 

flexibility in how vessels can use and 

configure gear to increase access to 

target stocks and efficiency of fishing 

practices, while still limiting the catch 

of target and non-target discards to meet 

the conservation objectives of the Trawl 

Rationalization Program. 

DATES: Comments on this proposed rule 

must be received on or before October 

9, 2018. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2018–0081, 

by any of the following methods: 

• Online Submission: Go to the 

Federal e-Rulemaking Portal at 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2018- 

0081, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Barry Thom, Regional Administrator, 

West Coast Region, NMFS, 7600 Sand 

Point Way NE, Seattle, WA 98115–0070. 

NMFS may not consider comments if 

they are sent by any other method, to 

any other address or individual, or 

received after the comment period ends. 

All comments received are a part of the 

public record and NMFS will post the 

comments for public viewing on 

www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.), confidential 

business information, or otherwise 

sensitive information submitted 

voluntarily by the sender is publicly 

accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, or Adobe PDF file formats 

only. 

Electronic copies of supporting 

documents referenced in this proposed 

rule, including the Environmental 

Assessment (EA) and Regulatory Impact 

Review (RIR)/Regulatory Flexibility 

Analysis (RFA), are available from 

www.regulations.gov or from the NMFS 

West Coast Region Groundfish Fisheries 

website at http://www.westcoast.

fisheries.noaa.gov/fisheries/groundfish/ 

index.html. 

FOR FURTHER INFORMATION CONTACT: 

Karen Palmigiano, Fishery Management 

Specialist, 206–526–4491, or 

karen.palmigiano@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Summary of the Proposed Regulations 

A. Proposed Regulations for Net 

Configuration 

1. Eliminate Minimum Mesh Size 

Restriction 

2. Revise the Definition of Mesh Size 

3. Eliminate the Prohibition on Doublewalled Codends 

4. Eliminate Restrictions on the Use of 

Chafing Gear 

5. Summary of Potential Impacts From 

Proposed Regulations for Net 

Configuration 

B. Eliminate the Requirement to Use 

Selective Flatfish Trawl Shoreward of 

the RCA and North of 42 N. Latitude 

C. Proposed Regulations for Vessel 

Operations 

1. Eliminate the Prohibition on Multiple 

Types of Groundfish Trawl Gears Carried 

and Fished on the Same Trip 

2. Eliminate the Prohibition on Bringing a 

New Haul Onboard Before All Catch 

From the Previous Haul Is Stowed 

3. Eliminate the Prohibition on Fishing in 

Multiple IFQ Management Areas on the 

Same Tow 

4. Summary of Potential Impacts From 

Proposed Regulations for Some Vessel 

Operations 

III. Classification 

IV. Description of Regulated Entities 

V. Description of the Proposed Regulations 

VI. Collection of Information Requirements 

I. Background 

Prior to 2011, the Pacific Coast 

Groundfish fishery was primarily 

managed with trip and landing limits 

and area closures and monitoring was 

limited (e.g., less than 25 percent of 

groundfish bottom and midwater trawl 

trip landings were subject to at-sea 

observer coverage). During that time, 

NMFS implemented trawl gear 

restrictions to both reduce groundfish 

and non-groundfish bycatch and 

discards, as well as limit access to 

overfished rockfish habitat. Restrictions 

included: (1) Minimum mesh size 

requirements; (2) requirements for 

chafing gear and cod-ends; (3) the trawl 

Rockfish Conservation Areas (RCA), 

which prohibits the use of groundfish 

bottom trawl gear between certain 


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