[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Rules and Regulations]
[Pages 20491-20493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11276]



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DEPARTMENT OF VETERANS AFFAIRS

48 CFR Parts 801, 803, 804, 805, 806, 808, 810, 812, 813, 815, 816, 
820, 822, 828, 833, 834, 836, 837, and 846

RIN 2900-AI02


VA Acquisition Regulations: Miscellaneous Amendments

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs 
Acquisition Regulations (VAAR) to eliminate restatements of the Federal 
Acquisition Regulation (FAR), to eliminate provisions duplicative of 
other provisions in the VAAR, to eliminate internal procedures not 
required to be included in regulations, to eliminate provisions that 
refer to activities that no longer can occur (such as regulations 
concerning VA depots which no longer exist), to make corrections, and 
to make clarifications.

EFFECTIVE DATE: May 7, 1996.

FOR FURTHER INFORMATION CONTACT: Sherry Patton for parts 801, 803, 804, 
805, 834, 836 and 837; Don Kaliher for parts 806, 808, 810, 812, 828 
and 833; Wanza Lewis for parts 813, 815, 816, 820 and 822; and Ramona 
Jones for part 846; Acquisition Policy Division (95A), Office of 
Acquisition and Materiel Management, Department of Veterans Affairs, 
810 Vermont Avenue NW., Washington, DC 20420, (202) 565-4424.

SUPPLEMENTARY INFORMATION: This final rule consists of nonsubstantive 
changes and, therefore, is not subject to the notice and comment and 
effective date provisions of 5 U.S.C. 553. Also, this final rule is not 
a significant revision as defined in FAR 1.501-1.
    The Secretary hereby certifies that 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 (RFA), 5 U.S.C. 
601-602. This final rule would not cause a significant effect on any 
entities since it does not contain any substantive provisions. 
Therefore, pursuant to 5 U.S.C. 605(b), this amendment is exempt from 
the initial and final regulatory flexibility analysis requirements of 
sections 603 and 604.

List of Subjects

48 CFR Parts 801 and 836

    Government procurement, Reporting and recordkeeping requirements.

48 CFR Part 803

    Antitrust, Conflict of interest, Government procurement.

48 CFR Parts 804, 805, 806, 810, 812, 813, 815, 816, , 834, 837 and 
846.

    Government procurement.

48 CFR Part 808

    Government procurement, Utilities.

48 CFR Parts 820 and 822

    Government procurement, Labor.

48 CFR Part 828

    Government procurement, Insurance, Surety bonds.

48 CFR Part 833

    Administrative practice and procedure, Government procurement.

    Approved: April 29, 1996.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 48 CFR Chapter 8 is 
amended as follows:

PART 801--VETERANS AFFAIRS ACQUISITION REGULATIONS SYSTEM

    1. The authority citation for parts 801, 803, 804, 805, 806, 808, 
810, 812, 813, 815, 816, 822, 828, 833, 836, 837, and 846 is revised to 
read as follows:

    Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).


801.104   [Removed]

    2. Section 801.104 is removed.


801.104-1   [Removed]

    3. Section 801.104-1 is removed.


801.104-3   [Removed]

    4. Section 801.104-3 is removed.


801.201   [Removed]

    5. Section 801.201 is removed.


801.301   [Amended]

    6. In Sec.  801.301, paragraph (c) is removed.


801.403   [Amended]

    7. In Sec. 801.403, paragraph (b) is amended by removing the last 
sentence.


801.470   [Removed]

    8. Section 801.470 is removed.


801.602-72   [Amended]

    9. In Sec. 801.602-72, paragraph (e)(5) is amended by removing 
``806.303'' and adding, in its place, ``FAR 6.303''.


801.670-6   [Removed]

    10. Section 801.670-6 is removed.

PART 803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


803.101-3   [Amended]

    11. In Sec. 803.101-3, paragraph (a) is amended by removing the 
second and third sentences; paragraph (c) is removed; and paragraph (d) 
is redesignated as a new paragraph (c).


803.104-5   [Removed]

    12. Section 803.104-5 is removed.


803.104-9   [Removed]

    13. Section 803.104-9 is removed.


803.104-11   [Removed]

    14. Section 803.104-11 is removed.


803.104-12   [Removed]

    15. Section 803.104-12 is removed.


803.3   [Amended]

    16. In subpart 803.3, the subpart heading is amended by removing 
``IDENTICAL BIDS AND''.


803.301   [Removed]

    17. Section 803.301 is removed.


803.408   [Removed]

    18. Section 803.408 is removed.


803.408-1   [Removed]

    19. Section 803.408-1 is removed.


803.409   [Amended]

    20. In Sec. 803.409, paragraph (a) is removed and the paragraph 
designation ``(b)'' is removed.


803.603   [Removed]

    21. Subpart 803.6 consisting of Sec. 803.603 is removed.

[[Page 20492]]

PART 804--ADMINISTRATIVE MATTERS


804.101   [Amended]

    22. In Sec. 804.101, paragraph (a) is removed and the paragraph 
designation ``(b)'' is removed.

PART 805--PUBLICIZING CONTRACT ACTIONS


805.202   [Amended]

    23. Section 805.202 is amended by removing the second and third 
sentences.


805.207   [Amended]

    24. In Sec. 805.207, paragraphs (a), (b)(1), (b)(2) and (b)(3) are 
removed and the paragraph designation ``(b)'' is removed.

PART 806--COMPETITION REQUIREMENTS


806.302-3   [Amended]

    25. Section 806.302-3 is amended by removing ``sections 806.303 
and'' and adding, in its place, ``FAR 6.303 and 48 CFR''.


806.302-5   [Amended]

    26. Section 806.302-5 is amended by removing ``806.303'' each of 
the three times it appears and adding, in its place, each time ``FAR 
6.303''.


806.302-7   [Amended]

    27. Section 806.302-7(b) is amended by removing ``806.303'' and 
adding, in its place, ``FAR 6.303''.


806.303   [Removed]

    28. Section 806.303 is removed.


806.303-1   [Removed]

    29. Section 806.303-1 is removed.


806.304   [Amended]

    30. In Sec. 806.304, paragraph (a) is amended by removing ``6.303 
and 806.303'' and adding, in its place, ``6.303,''.


806.502   [Amended]

    31. Section 806.502 is amended by removing paragraphs (d) and (e).


806.570   [Amended]

    32. In Sec. 806.570, paragraphs (a) and (c) are removed, the 
paragraph designation ``(b)'' is removed, and paragraphs (b) (1) 
through (5) are redesignated as paragraphs (a) through (e), 
respectively.

PART 808--REQUIRED SOURCES OF SUPPLIES AND SERVICES


808.001   [Amended]

    33. In Sec. 808.001, paragraph (a)(2) is removed and paragraphs 
(a)(3) through (a)(10) are redesignated as paragraphs (a)(2) through 
(a)(9), respectively.


808.304-1-808.304-5, 808.307-2, 808.304-70   [Removed]

    34. Subpart 808.3 consisting of Secs. 808.304-1 through 808.304-5, 
Sec. 808.307-2 and Sec. 808.304-70 are is removed.


808.405-5   [Removed]

    35. Section 808.405-5 is removed.

PART 810--SPECIFICATIONS, STANDARDS, AND PURCHASE ORDER 
DESCRIPTIONS


Sec. 810.007   [Amended]

    36. In Sec. 810.007, paragraph (a)(2)(i) is removed, paragraph 
(a)(2)(ii) is amended by removing ``When the deviation specified in 
paragraph (a)(2)(i) of this section is for an item that is not being 
purchased for depot stock, document'' and adding, in its place, 
``Document''; and paragraphs (a)(2)(ii) and (a)(2)(iii) are 
redesignated as paragraphs (a)(2)(i) and (a)(2)(ii), respectively.

PART 812--CONTRACT DELIVERY OR PERFORMANCE


Sec. 812.503   [Removed]

    37. Subpart 812.5 consisting of Sec. 812.503 is removed.

PART 813--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES


Sec. 813.103   [Removed]

    38. Subpart 813.1 consisting of Sec. 813.103 is removed.

PART 815--CONTRACTING BY NEGOTIATION


Sec. 815.502   [Removed]

    39. Section 815.502 is removed.


Sec. 815.800   [Removed]

    40. Section 815.800 is removed.


Sec. 815.7001-815.7002   [Removed]

    41. Subpart 815.70 consisting of Secs. 815.7001 through 815.7002 is 
removed.

PART 816--TYPES OF CONTRACTS


Sec. 816.102   [Amended]

    42. In Sec. 816.102, paragraphs (a) and (c) are removed, paragraph 
(b) is amended by removing ``of the type specified in paragraph (a)(3) 
of this section''; paragraphs (b), (d), and (e) are redesignated as 
paragraphs (a), (b), and (c), respectively, and the new redesignated 
paragraph (c) is amended by removing the reference to paragraph ``(d)'' 
and adding, in its place, ``(b)''.


Sec. 816.306   [Removed]

    43. Subpart 816.3 consisting of Sec. 816.606 is removed.


Sec. 816.603   [Removed]

    44. Subpart 816.6 consisting of Sec. 816.603 is removed.

PART 820--[REMOVED]

    45. Part 820 is removed.

PART 822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


Sec. 822.471   [Removed]

    46. Section 822.471 is removed.

PART 828--BONDS AND INSURANCE


Sec. 828.307-1   [Removed]

    47. Section 828.307-1 is removed.

PART 833--PROTESTS, DISPUTES, APPEALS


Sec. 833.103   [Amended]

    48. In Sec. 833.103, paragraphs (a), (b)(1), (b)(4), and 
(b)(7)(vii) are removed; paragraph (b) is redesignated as paragraph 
(a), the new designated paragraphs (a)(2), (a)(3), (a)(5), (a)(6) and 
(a)(7) are redesignated as paragraphs (a)(1) through (a)(5), 
respectively; the new designated paragraphs (a)(5)(viii) through 
(a)(5)(x) are redesignated as paragraphs (a)(5)(vii) through 
(a)(5)(ix), respectively; and paragraphs (c), (d), (e), and (f) are 
redesignated as paragraphs (b), (c), (d), and (e), respectively.


Sec. 833.211   [Amended]

    49. In Sec. 833.211, paragraphs (d) and (e) are removed.

PART 834--[REMOVED]

    50. Part 834 is removed.

PART 836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


Sec. 836.202   [Amended]

    51. In Sec. 836.202, paragraph (a) is removed and the introductory 
text is redesignated as new paragraph (a).


Sec. 836.211   [Amended]

    52. In Sec. 836.211, paragraphs (a), (b), and (d) are removed, and 
the paragraph designation ``(c)'' is removed.


Sec. 836.371   [Amended]

    53. In Sec. 836.371, paragraph (a) is amended by removing the 
second and third sentences.


Sec. 836.601   [Removed]

    54. Section 836.601 is removed.

[[Page 20493]]

Sec. 836.602-1   [Amended]

    55. In Sec. 836.602-1, paragraph (c) is removed and paragraph (d) 
is redesignated as new paragraph (c).


Sec. 836.602-3   [Removed]

    56. Section 836.602-3 is removed.


Sec. 836.606-70   [Amended]

    57. In Sec. 836.606-70, the first 5 sentences are removed.


Sec. 836.606-71   [Amended]

    58. In Sec. 836.606-71, the second and fourth sentences are 
removed.


Sec. 836.606-73   [Amended]

    59. In Sec. 836.606-73, paragraph (a) is amended by removing ``fee 
limitation on architect or engineer services set forth in section 
304(b) of the Federal Property and Administration Services Act of 1949, 
as amended, and referred to in FAR 15.903(d)(1)(ii), applies to those 
services generally required in preparing working drawings and 
specifications which form the basis for bidding and for the award of 
construction contract. The fixed''.

PART 837--SERVICE CONTRACTING


Sec. 837.104   [Amended]

    60. In Sec. 837.104, paragraph (a) is amended by removing ``, 
except to the extent indicated in 815.204 and subpart 837.2,''.


Sec. 837.200   [Removed]

    61. Section 837.200 is removed.


Sec. 837.204   [Removed]

    62. Section 837.204 is removed.


Sec. 837.205   [Removed]

    63. Section 837.205 is removed.


Sec. 837.271-5   [Amended]

    64. Section 837.271-5 and Appendices A and B to subpart 837.2 are 
removed.


Sec. 837.7002-7002   [Amended]

    65. In Sec. 837.7002, the last sentence is removed.

PART 846--QUALITY ASSURANCE


Sec. 846.302   [Removed]

    66. Section 846.302 is removed.


Sec. 846.403   [Removed]

    67. Section 846.403 is removed.


Sec. 846.408-72   [Removed]

    68. Section 846.408-72 is removed.

[FR Doc. 96-11276 Filed 5-6-96; 8:45 am]
BILLING CODE 8320-01-P