Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 46413 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/county Notes (a) 

*******

IN ..................................... Broadway Street Corridor Groundwater Contamination .............. Anderson ..................................

* * * * * * * 

MS ................................... Rockwell International Wheel & Trim .......................................... Grenada ....................................

*******

OH ................................... Donnelsville Contaminated Aquifer ............................................. Donnelsville ..............................

*******

TN .................................... Southside Chattanooga Lead ...................................................... Chattanooga .............................

*******

TX .................................... Delfasco Forge ............................................................................ Grand Prairie ............................

*******

(a)A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater 

than or equal to 28.50). 

* * * * * 

[FR Doc. 2018–19878 Filed 9–12–18; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 301–1 

[Notice–MA–2018–08; Docket No. 2018– 

0002, Sequence No. 20] 

Federal Travel Regulation: Contract 

City-Pair Business-Class Air 

Accommodations 

AGENCY: Office of Government-wide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Notification of Federal Travel 

Regulation (FTR) Bulletin 18–08, 

Contract City-Pair Business-Class Air 

Accommodations. 

SUMMARY: GSA is notifying agencies that 

Federal civilian employees of an agency 

as defined in its regulations, if 

authorized to travel via business-class 

air accommodations, must use the 

business-class city-pair fare (coded as 

‘‘—CB’’) where awarded for the route(s) 

listed on the travel authorization. The 

information outlined in an FTR bulletin 

will provide clarity and promote 

consistency across the Government. 

DATES: FTR Bulletin 18–08 is available 

September 13, 2018. 

ADDRESSES: The bulletin is located at 

www.gsa.gov/ftr under the ‘‘FTR & 

Related Files’’ tab. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, please contact 

Mr. Cy Greenidge, Office of 

Government-wide Policy, Office of 

Asset and Transportation Management, 

at 202–219–2349, or by email at 

travelpolicy@gsa.gov. Please cite Notice 

of FTR Bulletin 18–08. 

SUPPLEMENTARY INFORMATION: Federal 

civilian employees of an agency as 

defined in FTR § 301–1.1, if authorized 

to travel via business-class air 

accommodations, must use the 

business-class city-pair fare (coded as 

‘‘—CB’’) where awarded for the route(s) 

listed on the travel authorization. The 

Federal traveler must use this fare or 

have an authorized exception to 

mandatory use of a contract city-pair 

fare per the FTR. The information 

outlined in FTR Bulletin 18–08 will 

provide clarity and promote consistency 

across the Government. This bulletin is 

located at www.gsa.gov/ftr under the 

‘‘FTR & Related Files’’ tab. 

Dated: September 6, 2018. 

Jessica Salmoiraghi, 

Associate Administrator, Office of 

Government-wide Policy. 

[FR Doc. 2018–19884 Filed 9–12–18; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

48 CFR Parts 831, 833, 852 and 871 

RIN 2900–AQ02 

VA Acquisition Regulation: Contract 

Cost Principles and Procedures; 

Protests, Disputes and Appeals 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending and updating 

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, we 

will publish them in the Federal 

Register. In particular, this rulemaking 

revises VAAR concerning Contract Cost 

Principles and Procedures and Protests, 

Disputes and Appeals. 

DATES: This rule is effective on October 

15, 2018. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Rafael N. Taylor, Senior Procurement 

Analyst, Procurement Policy and 

Warrant Management Services, 003A2A, 

425 I Street NW, Washington, DC 20001, 

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

telephone number. 

SUPPLEMENTARY INFORMATION: On April 

6, 2018, VA published a proposed rule 

in the Federal Register (83 FR 14826), 

which announced VA‘s intent to amend 

regulations for VAAR Case RIN 2900– 

AQ02 (Parts 831 and 833). In particular, 

this final rule revises VAAR part 831 to 

clarify the cost principles under the 

chapter 31 program and to apply those 

principles to both fixed-price and cost 

reimbursement contracts with 

educational institutions, as well as those 

with commercial and non-profit 

organizations. It revises VAAR part 833 

to update information for where an 


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46414 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 

interested party may protest to the 

contracting officer; provides for 

independent review a level above the 

contracting officer; and clarifies how 

interested parties may appeal a 

contracting officer’s decision on a 

protest. Other revisions include 

clarification of the types of protests that 

may be dismissed by VA without 

consideration of the merits, or may be 

forwarded to another agency for 

appropriate action; states that certain 

challenges of the legal status of a firm 

as a regular dealer or manufacturer is 

determined solely by the procuring 

agency, the Small Business 

Administration (SBA) if a small 

business is involved, and the Secretary 

of Labor; updates two clauses in part 

852 related to protests; clarifies a 

contractor’s obligation to continue 

performance under a dispute; and, 

revises a definition of a term in VAAR 

part 871 to comport with the same term 

used in VAAR part 831. 

VA provided a 60-day comment 

period for the public to respond to the 

proposed rule. The comment period for 

the proposed rule ended on June 5, 2018 

and VA received no comments. This 

document adopts as a final rule the 

proposed rule published in the Federal 

Register on April 6, 2018, with minor 

stylistic and grammatical edits. This 

final rule has Federal Register 

administrative format changes in the 

amendatory text which make no 

substantive text changes at the affected 

sections. 

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 final rule will have no 

such effect on State, local, and tribal 

Governments or on the private sector. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Regulatory Flexibility Act 

This final rule will 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. This 

final rule will generally be small 

business neutral. The overall impact of 

the rule will 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 

procedures. VA is merely adding 

existing and current regulatory 

requirements to the VAAR and 

removing any guidance that is 

applicable only to VA’s internal 

operation processes or procedures. VA 

estimates no cost impact to individual 

businesses will result from these rule 

updates. This rulemaking does not 

change VA’s policy regarding small 

businesses, does not have an economic 

impact to individual businesses, and 

there are no increased or decreased 

costs to small business entities. On this 

basis, the final rule will not have an 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

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

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

exempt from the initial and final 

regulatory flexibility analysis 

requirements of sections 603 and 604. 

Executive Orders 12866, 13563 and 

13771 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. E.O. 12866, Regulatory 

Planning and Review, defines 

‘‘significant regulatory action’’ to mean 

any regulatory action that is likely to 

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

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) Create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) Raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in this Executive 

order.’’ 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this regulatory action, 

and it has been determined not to be a 

significant regulatory action under E.O. 

12866 because it does not 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’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 

final rule is not subject to the 

requirements of E.O. 13771 because this 

final rule is expected to result in no 

more than de minimis costs. 

List of Subjects 

48 CFR Part 831 

Accounting, Government 

procurement. 

48 CFR Part 833 

Administrative practice and 

procedure, Government procurement. 

48 CFR Part 852 

Government procurement, Reporting 

and recordkeeping requirements. 

48 CFR Part 871 

Government procurement, Loan 

programs—social programs, Loan 

programs—Veterans, Reporting and 

recordkeeping requirements, Vocational 

rehabilitation. 

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 24, 2018, for publication. 

Dated: August 28, 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 amends 48 CFR parts 831, 

833, 852 and 871 as follows: 

■ 1. Part 831 is revised to read as 

follows: 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 46415 

PART 831—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

Subpart 831.70—Contract Cost Principles 

and Procedures for Veterans Services 

Sec. 

831.7000 Scope of subpart. 

831.7000–1 Definitions. 

831.7001 Allowable costs and negotiated 

prices under vocational rehabilitation 

and education contracts. 

831.7001–1 Tuition. 

831.7001–2 Special services or courses. 

831.7001–3 Books, supplies, and 

equipment required to be personally 

owned. 

831.7001–4 Medical services and hospital 

care. 

831.7001–5 Consumable instructional 

supplies. 

831.7001–6 Reimbursement for other 

supplies and services. 

Authority: 38 U.S.C. chapter 31; 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 831.70—Contract Cost 

Principles and Procedures for 

Veterans Services 

831.7000 Scope of subpart. 

This subpart contains general cost 

principles and procedures for the 

determination and allowance of costs or 

negotiation of prices under cost 

reimbursement or fixed-price contracts 

for providing vocational rehabilitation, 

education, and training to eligible 

Veterans under 38 U.S.C. chapter 31, 

(referred to as a ‘‘chapter 31 program’’). 

This subpart applies to contracts with 

educational institutions as well as to 

contracts with commercial and nonprofit organizations. 

831.7000–1 Definitions. 

Chapter 31 refers to the vocational 

rehabilitation and employment (VR&E) 

program that provides training and 

rehabilitation for Veterans with serviceconnected disabilities under chapter 31 

of Title 38 U.S.C. 

Consumable instructional supplies 

means those supplies which are 

required for instruction in the 

classroom, shop school, and laboratory 

of an educational institution, which are 

consumed, destroyed, or expended by 

either the student, instructor or both in 

the process of use, and which have to 

be replaced at frequent intervals without 

adding to the value of the institution’s 

physical property. 

Similarly circumstanced non-Veteran 

student means a student in equal or like 

situations as a person who is neither 

receiving educational or training 

benefits under chapter 31 or chapter 33 

of Title 38 U.S.C. or the savings 

provisions of section 12(a) of Public 

Law 85–857, nor having all or any part 

of tuition fees or other charges paid by 

the educational institution. 

Work adjustment training means a 

specialized structure program that is 

facility or community based and 

designated to assist an individual in 

acquiring or improving work skills, 

work behaviors, work tolerance, 

interpersonal skills or work ethics. 

831.7001 Allowable costs and negotiated 

prices under vocational rehabilitation and 

education contracts. 

831.7001–1 Tuition. 

(a) Tuition and enrollment fees shall 

be paid at the institution’s customary 

amount that— 

(1) Does not exceed the tuition 

charged to similarly circumstanced nonVeteran students; and 

(2) Is equal to the lowest price offered 

or published for the entire course, 

semester, quarter, or term. 

(b) The cost of the Veteran student’s 

tuition and fees under a contract shall 

be offset by— 

(1) Any amount of tuition and fees 

that are waived by a State or other 

government authority; or 

(2) Any amounts the Veteran student 

receives from a fellowship, scholarship, 

grant-in-aid, assistantship, or similar 

award that limits its use to payment of 

tuition, fees, or other charges that VA 

normally pays as part of a chapter 31 

program. 

(c) VA will not pay tuition or 

incidental fees to institutions or 

establishments furnishing apprentice or 

on-the-job training. VA may elect to pay 

charges or expenses that fall into either 

of the following categories: 

(1) Charges customarily made by a 

nonprofit workshop or similar 

establishment for providing work 

adjustment training to similarly 

circumstanced non-Veteran students 

even if the trainee receives an incentive 

wage as part of the training. 

(2) Training expenses incurred by an 

employer who provides on-the-job 

training following rehabilitation to the 

point of employability when VA 

determines that the additional training 

is necessary. 

831.7001–2 Special services or courses. 

Special services or courses are those 

services or courses that VA requests that 

are supplementary to those the 

institution customarily provides for 

similarly circumstanced non-Veteran 

students, and that the contracting officer 

considers them to be necessary for the 

rehabilitation of the trainee. VA will 

negotiate the costs/prices of special 

services or courses prior to ordering 

them. 

831.7001–3 Books, supplies, and 

equipment required to be personally owned. 

(a) Reimbursement for books, 

supplies, and equipment. VA will 

provide reimbursement for books, 

equipment, or other supplies of the 

same variety, quality, or amount that all 

students taking the same course or 

courses are customarily required to own 

personally. VA will provide 

reimbursement for items that the 

institution does not specifically require 

for pursuit of the course if VA 

determines that such items are needed 

because of the demands of the course, 

general possession by other students, 

and the disadvantage imposed on a 

Veteran student by not having the item. 

(b) Partial payment agreements. 

Agreements in which VA would pay the 

institution a partial payment with the 

remainder to be paid by the Veteran 

student are not authorized. 

(c) Thesis expenses. The institution’s 

costs in connection with a Veteran 

student’s thesis are considered supplies 

and are therefore authorized for 

reimbursement if the Veteran student’s 

committee chairman, major professor, 

department head, or appropriate dean 

certifies that the thesis is a course 

requirement and the expenses are 

required to complete the thesis. These 

expenses may include research 

expenses, typing, printing, 

microfilming, or otherwise reproducing 

the required number of copies. 

(d) Reimbursement for books, 

supplies, and equipment. Books, 

supplies, and equipment that the 

institution purchases specifically for 

trainees will be reimbursed at the net 

cost to the institution. The VA shall 

reimburse the institution for books, 

supplies, and equipment when these 

items are— 

(1) Issued to students from its own 

bookstore or supply store; 

(2) Issued to students from retail 

stores or other non-institutionally 

owned establishments not owned by the 

contractor/institution but arranged or 

designated by them in cooperation with 

VA; or 

(3) Rented or leased books, supplies 

and equipment and are issued to 

students for survey classes when it is 

customary that students are not required 

to own the books. 

(e) Handling charges. VA shall 

reimburse the institution for any 

handling charges not to exceed more 

than 10 percent of the allowable charge 

for the books, equipment or other 

supplies unless— 

(1) The tuition covers the charges for 

supplies or rentals or a stipulated fee is 

assessed to all students; or 


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(2) The handling charge is for 

Government-owned books that the 

contractor procures from the Library of 

Congress. 

831.7001–4 Medical services and hospital 

care. 

(a) VA may pay the customary student 

health fee when payment of the fee is 

required for similarly circumstanced 

non-Veteran students. If payment of the 

fee is not required for similarly 

circumstanced non-Veteran students, 

payment may be made if VA determines 

that payment is in the best interest of 

the Veteran student and the 

Government. 

(b) When the customary Veteran 

student’s health fee does not cover 

medical services or hospital care, but 

these medical services are available in 

an institution-operated facility or with 

doctors and hospitals in the immediate 

area through a prior arrangement, VA 

may provide reimbursement for these 

services in a contract for the services 

if— 

(1) An arrangement is necessary to 

provide timely medical services for 

Veteran-students attending the facility 

under provisions of chapter 31; and 

(2) The general rates established for 

medical services do not exceed the rates 

established by VA. 

(c) VA may reimburse a rehabilitation 

facility for incidental medical services 

provided during a Veteran student’s 

program at the facility. 

831.7001–5 Consumable instructional 

supplies. 

(a) VA will provide reimbursement for 

consumable instructional supplies that 

the institution requires for the 

instruction of all students, Veteran or 

non-Veteran students, pursuing the 

same or comparable course or courses 

when— 

(1) The supplies are entirely 

consumed in the fabrication of a 

required project; or 

(2) The supplies are not consumed but 

are of such a nature that they cannot be 

salvaged from the end product for reuse 

by disassembling or dismantling the end 

product. 

(b) VA will not provide 

reimbursement for consumable 

instructional supplies if any of the 

following apply: 

(1) The supplies can be salvaged for 

reuse. 

(2) The supplies are used in a project 

that the student has elected as an 

alternate class project to produce an end 

product of greater value than that 

normally required to learn the skills of 

the occupation, and the end product 

will become the Veteran’s property 

upon completion. 

(3) The supplies are used in a project 

that the institution has selected to 

provide the student with a more 

elaborate end product than is required 

to provide adequate instruction as an 

inducement to the Veteran student to 

elect a particular course of study. 

(4) The sale value of the end product 

is equal to or greater than the cost of 

supplies plus assembly, and the 

supplies have not been reasonably used 

so that the supplies are not readily 

salvaged from the end product to be 

reused for instructional purposes. 

(5) The end product is of permanent 

value and retained by the institution. 

(6) A third party loans the articles or 

equipment for repair or improvement 

and the third party would otherwise pay 

a commercial price for the repair or 

improvement. 

(7) The number of projects resulting 

in end products exceeds the number 

normally required to teach the 

recognized job operations and processes 

of the occupation stipulated in the 

approved course of study. 

(8) The cost of supplies is included in 

the charge for tuition or as a fee 

designated for such purpose. 

831.7001–6 Reimbursement for other 

supplies and services. 

VA will provide reimbursement for 

other services and assistance that may 

be authorized under applicable 

provisions of 38 U.S.C. chapter 31 

regulations, including, but not limited 

to, employment and self-employment 

services, initial and extended evaluation 

services, and independent living 

services. 

■ 2. Part 833 is revised to read as 

follows: 

PART 833—PROTESTS, DISPUTES, 

AND APPEALS 

Sec. 

Subpart 833.1—Protests 

833.103–70 Protests to VA. 

833.106–70 Solicitation provisions. 

Subpart 833.2—Disputes and Appeals 

833.209 Suspected fraudulent claims. 

833.211 Contracting officer’s decision. 

833.213 Obligation to continue 

performance. 

833.214 Alternative dispute resolution 

(ADR). 

833.215 Contract clauses. 

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

1121(c)(3); 41 U.S.C. 1702; 41 U.S.C. chapter 

71; and 48 CFR 1.301–1.304. 

Subpart 833.1—Protests 

833.103–70 Protests to VA. 

(a) Agency protests. Pursuant to FAR 

33.103(d)(4), an interested party may 

protest to the contracting officer or, as 

an alternative, may request an 

independent review at a level above the 

contracting officer as provided in this 

section. An interested party may also 

appeal to VA a contracting officer’s 

decision on a protest. 

(1) Protests to the contracting officer. 

Protests to the contracting officer shall 

be in writing and shall be addressed 

where the offer/bid is to be submitted or 

as indicated in the solicitation. 

(2) Independent review or appeal of a 

contracting officer decision—protest 

filed directly with the agency. (i) 

Protests requesting an independent 

review a level above the contracting 

officer, and appeals within VA above 

the level of the contracting officer, shall 

be addressed to: Executive Director, 

Office of Acquisition and Logistics, Risk 

Management and Compliance Service 

(RMCS), Department of Veterans Affairs, 

810 Vermont Avenue NW., Washington, 

DC 20420. 

(ii) The protest and pertinent 

documents shall be mailed to the 

address in paragraph (a)(2)(i) of this 

section or sent electronically to: 

EDProtests@va.gov. 

(3) An independent review of a 

protest filed pursuant to paragraph (a)(2) 

of this section will not be considered if 

the interested party has a protest on the 

same or similar issues pending with the 

contracting officer. 

(b) Agency actions on specific types of 

protests. The following types of protests 

may be dismissed by VA without 

consideration of the merits or may be 

forwarded to another agency for 

appropriate action: 

(1) Contract administration. Disputes 

between a contractor and VA are 

resolved under the disputes clause see 

the Dispute statute, 41 U.S.C. chapter 

71. 

(2) Small business size standards and 

standard industrial classification. 

Challenges of established size standards, 

ownership and control or the size status 

of particular firm, and challenges of the 

selected standard industrial 

classification are for review solely by 

the Small Business Administration 

(SBA) (see 15 U.S.C. 637(b)(6); 13 CFR 

121.1002). Pursuant to Public Law 114– 

328, SBA will also hear cases related to 

size, status, and ownership and control 

challenges under the VA Veterans First 

Contracting Program (see 38 U.S.C. 

8127(f)(8)). 

(3) Small business certificate of 

competency program. A protest made 

under section 8(b)(7) of the Small 

Business Act, or in regard to any 

issuance of a certificate of competency 

or refusal to issue a certificate under 

that section, is not reviewed in 


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Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 46417 

accordance with bid protest procedures 

unless there is a showing of possible 

fraud or bad faith on the part of 

Government officials. 

(4) Protests under section 8(a) of the 

Small Business Act. The decision to 

place or not to place a procurement 

under the 8(a) program is not subject to 

review unless there is a showing of 

possible fraud or bad faith on the part 

of Government officials or that 

regulations may have been violated (see 

15 U.S.C. 637(a)). 

(5) Affirmative determination of 

responsibility by the contracting officer. 

An affirmative determination of 

responsibility will not be reviewed 

unless there is a showing that such 

determination was made fraudulently or 

in bad faith or that definitive 

responsibility criteria in the solicitation 

were not met. 

(6) Contracts for materials, supplies, 

articles, and equipment exceeding 

$15,000. Challenges concerning the 

legal status of a firm as a regular dealer 

or manufacturer within the meaning of 

41 U.S.C. chapter 65 are determined 

solely by the procuring agency, the SBA 

(if a small business is involved), and the 

Secretary of Labor (see FAR subpart 

22.6). 

(7) Subcontractor protests. The 

contracting agency will not consider 

subcontractor protests except where VA 

determines it is in the interest of the 

Government. 

(8) Judicial proceedings. The 

contracting agency will not consider 

protests where the matter involved is 

the subject of litigation before a court of 

competent jurisdiction. 

(c) Alternative dispute resolution. 

Bidders/offerors and VA contracting 

officers are encouraged to use 

alternative dispute resolution (ADR) 

procedures to resolve protests at any 

stage in the protest process. If ADR is 

used, VA will not furnish any 

documentation in an ADR proceeding 

beyond what is allowed by the FAR. 

(d) Appeal of contracting officer’s 

protest decision—agency appellate 

review. An interested party may request 

an independent review of a contracting 

officer’s protest decision by filing an 

appeal in accordance with paragraph 

(a)(2) of this section. 

(1) To be considered timely, the 

appeal must be received by the 

cognizant official in paragraph (a)(2) of 

this section within 10 calendar days of 

the date the interested party knew, or 

should have known, whichever is 

earlier, of the basis for the appeal. 

(2) Appeals do not extend the 

Government Accountability Office’s 

(GAO) timeliness requirements for 

protests to GAO. By filing an appeal as 

provided in this paragraph (d), an 

interested party may waive its rights to 

further protest to the Comptroller 

General at a later date. 

(3) Agency responses to appeals 

submitted to the agency shall be 

reviewed and concurred in by the Office 

of the General Counsel (OGC). 

833.106–70 Solicitation provisions. 

(a) The contracting officer shall insert 

the provision at 852.233–70, Protest 

Content/Alternative Dispute Resolution, 

in solicitations expected to exceed the 

simplified acquisition threshold, 

including those for commercial items. 

(b) The contracting officer shall insert 

the provision at 852.233–71, Alternate 

Protest Procedure, in solicitations 

expected to exceed the simplified 

acquisition threshold, including those 

for commercial items. 

Subpart 833.2—Disputes and Appeals 

833.209 Suspected fraudulent claims. 

The contracting officer must refer 

matters relating to suspected fraudulent 

claims to the Office of Inspector General 

for investigation and potential referral to 

the Department of Justice. The 

contracting officer may not initiate any 

collection, recovery, or other settlement 

action while the matter is in the hands 

of the Department of Justice without 

first obtaining the concurrence of the 

U.S. Attorney concerned, through the 

Office of the Inspector General. 

833.211 Contracting officer’s decision. 

(a) For purposes of appealing a VA 

contracting officer’s final decision, the 

Board of Contract Appeals referenced in 

FAR 33.211(a) and elsewhere in this 

subpart is the Civilian Board of Contract 

Appeals (CBCA), 1800 F Street NW, 

Washington, DC 20405. 

833.213 Obligation to continue 

performance. 

(a) As provided in FAR 33.213, 

contracting officers shall use FAR clause 

52.233–1, Disputes, or with its Alternate 

I. FAR clause 52.233–1 requires the 

contractor to continue performance in 

accordance with the contracting officer’s 

decision in the event of a claim arising 

under a contract. Alternate I expands 

this authority, adding a requirement for 

the contractor to continue performance 

in the event of a claim relating to the 

contract. 

(b) In the event of a dispute not 

arising under, but relating to, the 

contract, as permitted by FAR 33.213(b), 

if the contracting officer directs 

continued performance and considers 

providing financing for such continued 

performance, the contracting officer 

shall contact OGC for advice prior to 

requesting higher level approval for or 

authorizing such financing. The 

contracting officer shall document in 

the contract file any required approvals 

and how the Government’s interest was 

properly secured with respect to such 

financing (see FAR 32.202–4 and VAAR 

subpart 832.2). 

833.214 Alternative dispute resolution 

(ADR). 

Contracting officers and contractors 

are encouraged to use alternative 

dispute resolution (ADR) procedures. 

Guidance on ADR may be obtained at 

the U.S. Civilian Board of Contract 

Appeals website: http://

www.cbca.gsa.gov. 

833.215 Contract clauses. 

The contracting officer shall use the 

clause at 52.233–1, Disputes, or with its 

Alternate I (see 833.213). 

PART 852—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 852 

continues to read as follows: 

Authority: 38 U.S.C. 8127–8128, and 

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

1121(c)(3); 41 U.S.C. 1303; 41 U.S.C 

1702;.and 48 CFR 1.301–1.304. 

■ 4. The heading of subpart 852.2 is 

revised to read as follows: 

Subpart 852.2—Text of Provisions and 

Clauses 

■ 5. Section 852.233–70 is revised to 

read as follows: 

852.233–70 Protest Content/Alternative 

Dispute Resolution. 

As prescribed in 833.106–70(a), insert 

the following provision: 

PROTEST CONTENT/ALTERNATIVE 

DISPUTE RESOLUTION (SEP 2018) 

(a) Any protest filed by an interested party 

shall— 

(1) Include the name, address, fax number, 

email and telephone number of the protester; 

(2) Identify the solicitation and/or contract 

number; 

(3) Include an original signed by the 

protester or the protester’s representative and 

at least one copy; 

(4) Set forth a detailed statement of the 

legal and factual grounds of the protest, 

including a description of resulting prejudice 

to the protester, and provide copies of 

relevant documents; 

(5) Specifically request a ruling of the 

individual upon whom the protest is served; 

(6) State the form of relief requested; and 

(7) Provide all information establishing the 

timeliness of the protest. 

(b) Failure to comply with the above may 

result in dismissal of the protest without 

further consideration. 


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46418 Federal Register / Vol. 83, No. 178 / Thursday, September 13, 2018 / Rules and Regulations 

(c) Bidders/offerors and Contracting 

Officers are encouraged to use alternative 

dispute resolution (ADR) procedures to 

resolve protests at any stage in the protest 

process. If ADR is used, the Department of 

Veterans Affairs will not furnish any 

documentation in an ADR proceeding 

beyond what is allowed by the Federal 

Acquisition Regulation. 

(End of provision) 

■ 6. Section 852.233–71 is revised to 

read as follows: 

852.233–71 Alternate Protest Procedure. 

As prescribed in 833.106–70(b), insert 

the following provision: 

ALTERNATE PROTEST PROCEDURE (SEP 

2018) 

(a) As an alternative to filing a protest with 

the Contracting Officer, an interested party 

may file a protest by mail or electronically 

with: Executive Director, Office of 

Acquisition and Logistics, Risk Management 

and Compliance Service (003A2C), 

Department of Veterans Affairs, 810 Vermont 

Avenue NW, Washington, DC 20420 or 

Email: EDProtests@va.gov. 

(b) The protest will not be considered if the 

interested party has a protest on the same or 

similar issue(s) pending with the Contracting 

Officer. 

(End of provision) 

PART 871—LOAN GUARANTY AND 

VOCATIONAL REHABILITATION AND 

EMPLOYMENT PROGRAMS 

■ 7. The authority citation for part 871 

is revised to read as follows: 

Authority: 38 U.S.C. Chapter 31; 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 

■ 8. Amend section 871.201–1 by 

revising the introductory text and 

paragraph (b) to read as follows: 

871.201–1 Requirements for the use of 

contracts. 

The costs for tuition, fees, books, 

supplies, and other expenses are 

allowable under a contract with an 

institution, training establishment, or 

employer for the training and 

rehabilitation of eligible Veterans under 

38 U.S.C. chapter 31, provided the 

services meet the conditions in the 

following definitions: 

* * * * * 

(b) Special services or special courses. 

Special services or courses are those 

services or courses that VA requests that 

are supplementary to those the 

institution customarily provides for 

similarly circumstanced non-Veteran 

students and that the contracting officer 

considers to be necessary for the 

rehabilitation of the trainee. 

[FR Doc. 2018–18985 Filed 9–12–18; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1506 and 1552 

[EPA–HQ–OARM–2017–0281; FRL–9974– 

44–OARM] 

Acquisition Regulation: Update to 

Clauses Pertaining to Release of 

Contractor Confidential Business 

Information, Submission of Invoices, 

and the ‘‘Authorized or Required by 

Statute’’ Exception for Other Than Full 

and Open Competition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to amend the EPA Acquisition 

Regulation (EPAAR). The clause 

pertaining to ‘‘Release of Contractor 

Confidential Business’’ is updated to 

incorporate the existing class deviation 

and make a minor addition. The 

‘‘Submission of Invoices’’ clause is 

revised to incorporate the existing class 

deviation and updated with minor 

administrative edits. The clause 

‘‘Authorized or Required by Statute’’ is 

clarified regarding the applicability of 

written justification requirements for 

the exception for other than full and 

open competition. 

DATES: This final rule is effective on 

December 12, 2018 without further 

notice, unless EPA receives adverse 

comment by October 15, 2018. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2017–0281, at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Holly Hubbell, Policy, Training, and 

Oversight Division, Acquisition Policy 

and Training Service Center (3802R), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460; telephone number: 202–564– 

1091; email address: hubbell.holly@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

This direct final rule makes changes 

to the EPAAR, Federal Acquisition 

Regulation (FAR), 48 CFR parts 1506 

and 1552. This rule includes the 

following content changes: (1) Under 

EPAAR § 1506.302–5(b)(1), adds 

clarifying language that the Contracting 

Officer need not provide any written 

justification under FAR 8.405–6 or 

13.501 for use of other than full and 

open competition when acquiring 

expert services under the authority of 

section 109(e) of the Superfund 

Amendments and Reauthorization Act 

of 1986 (SARA); (2) revises EPAAR 

§ 1552.232–70 to add information on 

circumstances that may require 

obtaining subcontractor costs, makes 

minor administrative changes, and 

incorporates invoice preparation 

instructions; and (3) revises EPAAR 

§ 1552.235–79 to expand the possible 

circumstances where the EPA may 

release the Contractor’s CBI. 

II. General Information 

A. Why is EPA using a direct final rule? 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. Any 

parties interested in commenting must 

do so at this time. 

B. Does this action apply to me? 

EPAAR §§ 1552.232–70 and 

1552.235–79 apply to contractors who 

hold a cost-reimbursable contract with 

EPA. EPAAR § 1506.302–5 applies to 


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