[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1287-1288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00234]



[[Page 1287]]

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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0590]


Agency Information Collection Activity Under OMB Review: 
Department of Veterans Affairs Acquisition Regulation (VAAR), 
Indemnification and Medical Liability Insurance; Indemnification and 
Medical Liability Insurance; and Report of Employment Under Commercial 
Activities

AGENCY: Office of Acquisition and Logistics, Department of Veterans 
Affairs.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995, 
this notice announces that the Office of Acquisition and Logistics, 
Department of Veterans Affairs, will submit the collection of 
information abstracted below to the Office of Management and Budget 
(OMB) for review and comment. The PRA submission describes the nature 
of the information collection and its expected cost and burden and it 
includes the actual data collection instrument.

DATES: Comments must be submitted on or before February 9, 2018.

ADDRESSES: Submit written comments on the collection of information 
through www.Regulations.gov, or to Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 
17th St. NW, Washington, DC 20503 or sent through electronic mail to 
<a href="/cdn-cgi/l/email-protection#cea1a7bcaf91bdbbaca3a7bdbda7a1a08ea1a3ace0aba1bee0a9a1b8"><span class="__cf_email__" data-cfemail="82edebf0e3ddf1f7e0efebf1f1ebedecc2edefe0ace7edf2ace5edf4">[email protected]</span></a>. Please refer to ``OMB Control No. 2900-
0590'' in any correspondence.

FOR FURTHER INFORMATION CONTACT: Cynthia Harvey-Pryor, Enterprise 
Records Service (005R1B), Department of Veterans Affairs, 810 Vermont 
Avenue NW, Washington, DC 20420, (202) 461-5870 or email 
<a href="/cdn-cgi/l/email-protection#d9baa0b7adb1b0b8f7b1b8abafbca0f4a9aba0b6ab99afb8f7beb6af"><span class="__cf_email__" data-cfemail="0b6872657f63626a25636a797d6e72267b797264794b7d6a256c647d">[email protected]</span></a>. Please refer to ``OMB Control No. 2900-
0590'' in any correspondence.

SUPPLEMENTARY INFORMATION: 

    Authority:  44 U.S.C. 3501-21.

    Title: Department of Veterans Affairs Acquisition Regulation (VAAR) 
Clauses 852.237-7, Indemnification and Medical Liability Insurance; 
852.228-71, Indemnification and Medical Liability Insurance; and 
852.207-70, Report of Employment Under Commercial Activities.
    OMB Control Number: 2900-0590.
    Type of Review: Extension of a currently approved information 
collection.
    Abstract: VAAR clause 852.237-7, Indemnification and Medical 
Liability Insurance, is used in lieu of Federal Acquisition Regulation 
(FAR) clause 52.237-7, Indemnification and Medical Liability Insurance, 
in solicitations and contracts for the acquisition of non-personal 
health care services. It requires the apparent successful bidder/
offeror, upon the request of the contracting officer, prior to contract 
award, to furnish evidence of insurability of the offeror and/or all 
health-care providers who will perform under the contract. In addition, 
the clause requires the contractor, prior to commencement of services 
under the contract, to provide Certificates of Insurance or insurance 
policies evidencing that the firm possesses the types and amounts of 
insurance required by the solicitation. The information is required in 
order to protect VA by ensuring that the firm to which award may be 
made and the individuals who may provide health care services under the 
contract are insurable and that, following award, the contractor and 
its employees will continue to possess the types and amounts of 
insurance required by the solicitation. It helps ensure that VA will 
not be held liable for any negligent acts of the contractor or its 
employees and ensures that VA and VA beneficiaries will be protected by 
adequate insurance coverage.
    VAAR clause 852.228-71, Indemnification and Insurance, is used in 
solicitations for vehicle or aircraft services. It requires the 
apparent successful bidder/offeror, prior to contract award, to furnish 
evidence that the firm possesses the types and amounts of insurance 
required by the solicitation. This evidence is in the form of a 
certificate from the firm's insurance company. The information is 
required to protect VA by ensuring that the firm to which award will be 
made possesses the types and amounts of insurance required by the 
solicitation. It helps ensure that VA will not be held liable for any 
negligent acts of the contractor and ensures that VA beneficiaries and 
the public are protected by adequate insurance coverage.
    VAAR clause 852.207-70, Report of Employment Under Commercial 
Activities, is used in solicitations for commercial items and services 
where the work is currently being performed by VA employees and where 
those employees might be displaced as a result of an award to a 
commercial firm. The clause requires contractors awarded such contracts 
to provide, within 5 days of contract award, a list of employment 
openings, including salaries and benefits, and blank job application 
forms. The clause also requires the contractor, prior to the contract 
start date, to report: The names of adversely affected Federal 
employees offered employment openings; the date the offer was made; a 
description of the position; the date of acceptance and the effective 
date of employment; the date of rejection if an employee rejected an 
offer; the salary and benefits contained in any rejected offer; and the 
names of employees who applied for but were not offered employment and 
the reasons for withholding offers to those employees. In addition, the 
clause requires the contractor, during the first 90 days of contract 
performance, to report the names of all persons hired or terminated 
under the contract. The information will be used by the contracting 
officer to monitor and ensure compliance by the contractor with the 
requirements of FAR clause 52.207-3, Right of First Refusal of 
Employment. VA uses the information to determine whether additional 
contract terms and conditions are necessary to mitigate the conflict. 
An agency may not conduct or sponsor, and a person is not required to 
respond to a collection of information unless it displays a currently 
valid OMB control number.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published at 82 FR 44030 on September 20, 2017.
    Affected Public: Business or other for-profit and not-for-profit 
institutions.
    Estimated Annual Burden:
    a. VAAR Clause 852.237-7, Indemnification and Medical Liability 
Insurance--750 hours.
    b. VAAR clause 852.228-71, Indemnification and Insurance--250 
hours.
    c. VAAR clause 852.207-70, Report of Employment Under Commercial 
Activities--15 hours.
    Estimated Average Burden per Respondent:
    a. VAAR Clause 852.237-7, Indemnification and Medical Liability 
Insurance--30 minutes.
    b. VAAR clause 852.228-71, Indemnification and Insurance--30 
minutes.
    c. VAAR clause 852.207-70, Report of Employment Under Commercial 
Activities--30 minutes per report.
    Frequency of Response:
    a. VAAR Clause 852.237-7, Indemnification and Medical Liability 
Insurance--1 per each contract awarded.

[[Page 1288]]

    b. VAAR clause 852.228-71, Indemnification and Insurance--1 per 
each contract awarded.
    c. VAAR clause 852.207-70, Report of Employment Under Commercial 
Activities--3 reports per contract awarded.
    Estimated Number of Respondents:
    a. VAAR Clause 852.237-7, Indemnification and Medical Liability 
Insurance--1500.
    b. VAAR clause 852.228-71, Indemnification and Insurance--500.
    c. VAAR clause 852.207-70, Report of Employment Under Commercial 
Activities--10.

    By direction of the Secretary.
Cynthia Harvey-Pryor,
Department Clearance Officer, Office of Quality, Privacy and Risk, 
Department of Veterans Affairs.
[FR Doc. 2018-00234 Filed 1-9-18; 8:45 am]
 BILLING CODE 8320-01-P


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