[Federal Register Volume 82, Number 181 (Wednesday, September 20, 2017)]
[Notices]
[Pages 44030-44031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19991]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0590]


Agency Information Collection Activity: Department of Veteran 
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

AGENCY: The Office of Management (OM), Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Office of Management (OM), Department of Veterans Affairs 
(VA), is announcing an opportunity for public comment on the proposed 
collection of certain information by the agency. Under the Paperwork 
Reduction Act (PRA) of 1995, Federal agencies are required to publish 
notice in the Federal Register concerning each proposed collection of 
information, including each proposed extension of a currently approved 
collection, and allow 60 days for public comment in response to the 
notice.

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before November 20, 2017.

ADDRESSES: Submit written comments on the collection of information 
through Federal Docket Management System (FDMS) at www.Regulations.gov 
or to Ricky Clark, Office Of Acquisition and Logistics (003A2A), 
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 
20420 or email to <a href="/cdn-cgi/l/email-protection#cf9da6aca4b6e18ca3aebda48fb9aee1a8a0b9"><span class="__cf_email__" data-cfemail="55073c363e2c7b163934273e1523347b323a23">[email protected]</span></a>. Please refer to ``OMB Control No. 
``2900-0590'' in any correspondence. During the comment period, 
comments may be viewed online through FDMS.

FOR FURTHER INFORMATION CONTACT: Cynthia Harvey-Pryor at (202) 461-
5870.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must 
obtain approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. This request for 
comment is being made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, OMB 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of OM functions, including 
whether the information will have practical utility; (2) the accuracy 
of OM estimate of the burden of the proposed collection of information; 
(3) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (4) ways to minimize the burden of the 
collection of information on respondents, including through the use of 
automated collection techniques or the use of other forms of 
information technology.
    Authority: Under the PRA of 1995 (Pub. L. 104-13; 44 U.S.C. 3501-
3521).
    Title: Department of Veteran 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 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

[[Page 44031]]

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.
    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: On occasion.
    a. VAAR Clause 852.237-7, Indemnification and Medical Liability 
Insurance--1 per each contract awarded.
    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 and Compliance, 
Department of Veterans Affairs.
[FR Doc. 2017-19991 Filed 9-19-17; 8:45 am]
 BILLING CODE P


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