Revise and Streamline VA Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V001), 16206-16210 [2018-07833]
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16206
Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Rules and Regulations
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: April 4, 2018.
Donna Davis,
Acting Director, Registration Division, Office
of Pesticide Program.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.557; in the table to
paragraph (a):
■ a. Remove the entry for ‘‘Aspirated
grain fractions’’;
■ b. Add alphabetically entries for
‘‘Barley, bran’’; ‘‘Barley, flour’’; and
‘‘Barley, grain’’;
■ c. Revise the entry for ‘‘Cattle, meat’’;
■ d. Remove the entries for ‘‘Corn, field,
forage’’; ‘‘Corn, field, stover’’; and
‘‘Corn, pop, stover’’;
■ e. Add alphabetically entries for
‘‘Grain, aspirated fractions’’; ‘‘Grain,
cereal, forage, fodder, and straw, group
16’’;
■ f. Revise the entries for ‘‘Goat, meat’’;
‘‘Horse, meat’’; ‘‘Milk’’;
■ g. Add alphabetically entries for ‘‘Pea
and bean, dried shelled (except
soybean) subgroup 6C’’; ‘‘Rapeseed
subgroup 20A’’;
■ h. Revise the entry for ‘‘Sheep, meat’’;
and
■ i. Add alphabetically entries for
‘‘Vegetable, foliage of legume (except
soybeans) subgroup 7A’’; ‘‘Wheat,
bran’’; ‘‘Wheat, flour’’; ‘‘Wheat, germ’’;
and ‘‘Wheat, grain’’.
The additions and revisions read as
follows:
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§ 180.557 Tetraconazole; tolerances for
residues.
(a) * * *
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1.0
0.50
0.30
*
*
*
*
Cattle, meat ..............................
*
0.02
*
*
*
*
Goat, meat ................................
Grain, aspirated fractions .........
Grain, cereal, forage, fodder,
and straw, group 16 ..............
*
0.02
4.0
*
*
*
*
Horse, meat ..............................
*
0.02
*
*
*
*
Milk ...........................................
*
0.06
*
*
*
*
Pea and bean, dried shelled
(except soybean) subgroup
6C ..........................................
*
0.09
*
*
*
*
Rapeseed subgroup 20A ..........
*
0.90
*
0.02
*
*
*
*
Vegetable, foliage of legume
(except soybeans) subgroup
7A ..........................................
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Barley, bran ..............................
Barley, flour ..............................
Barley, grain .............................
*
*
*
*
Sheep, meat .............................
VII. Congressional Review Act
■
Parts per
million
Commodity
*
*
Wheat,
Wheat,
Wheat,
Wheat,
*
0.15
0.08
0.50
0.05
*
7.0
8.0
*
*
*
bran ..............................
flour ..............................
germ .............................
grain .............................
*
*
*
*
[FR Doc. 2018–07888 Filed 4–13–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Parts 801, 802, 803, 812, 814,
822, and 852
RIN 2900–AP50
Revise and Streamline VA Acquisition
Regulation To Adhere to Federal
Acquisition Regulation Principles
(VAAR Case 2014–V001)
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) in this final rule amends
six clauses or provisions and removes
one clause which duplicates current
FAR coverage and is not needed,
provides updated policy on variations,
tolerances and exemptions regarding
overtime in contracts providing nursing
home care for veterans, removes an
SUMMARY:
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information collection burden on an
outdated practice of using bid
envelopes; clarifies language regarding
the prohibition of contractors from
making reference in their commercial
advertising, and revises definitions
relating to D&S Committee, Debarring
Official and Suspending Official
currently contained in the VAAR. This
document adopts as a final rule, with
three technical non-substantive changes,
the proposed rule published in the
Federal Register on May 17, 2017.
DATES: This rule is effective on May 16,
2018.
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
telephone number.)
SUPPLEMENTARY INFORMATION: On May
17, 2017, VA published a proposed rule
in the Federal Register (82 FR 22635),
which announced VA‘s intent to amend
regulations for VAAR Case 2014–V001.
In addition to the revisions outlined in
the summary, this final rule also
updates the policy governing improper
business practices and personal
conflicts of interests, and provides the
agency’s procedures on due process
rights and who in VA determines
whether or not a violation of the
Gratuities clause has occurred. The rule
adds clarifying information on sealed
bidding including preparation of
invitations for bids and other general
rules for solicitation of bids. 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 July 17, 2017
and VA received no comments. The
proposed rule is being adopted as final,
with three technical non-substantive
changes and minor stylistic and
grammatical edits.
Technical Non-Substantive Changes to
the Proposed Rule
The final rule makes administrative
changes to two of the authorities for the
parts on the recommendation of
counsel, specifically the removal of 38
U.S.C. 501, and the addition of 41
U.S.C. 1702 which addresses overall
direction of procurement policy,
acquisition planning and management
responsibilities of Chief Acquisition
Officers and Senior Procurement
Executives, including implementation
of unique procurement policies,
regulations, and standards of the
agency. 38 U.S.C. 501 is a more general
authority of the Secretary of the
Department of Veterans Affairs to
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prescribe all rules and regulations
which are necessary or appropriate to
carry out the laws administered by the
Department. The Title 41 authority is
the more appropriate authority to cite
when publishing the VA Acquisition
Regulation.
The final rule, in section 802.101, will
remove definitions and titles relating to
D&S Committee, Debarring official, and
Suspending official and replaces them
with two definitions/titles and the
acronyms now in use in the agency:
Suspending and Debarring Official
(SDO) and Suspension and Debarment
Committee (S&D Committee). These
were properly updated via VAAR Class
Deviation issued on June 2, 2017, after
the proposed rule was published for
public comment.
This final rule has Federal Register
administrative format changes in the
amendatory text which makes 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.
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Paperwork Reduction Act
Although this action contains
provisions constituting collections of
information at 48 CFR 814.201–6(a) and
852.214–70, under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3521), no new or proposed
revised collections of information are
associated with this final rule. The
information collection requirements for
48 CFR 814.201–6(a) and 852.214–70
are currently approved by OMB, have
been assigned OMB control number
2900–0593, and are being removed and
discontinued. This results in a removal
of 2 estimated annual burden hours to
respondents.
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. The
rule text does not change VA’s policy
regarding small businesses. Therefore,
the rule does not have a significant
economic impact on substantial number
of small entities. There are no increased
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and/or decreased costs to small entities.
The overall impact of this final 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 estimates no cost
impact to individual business resulting
from these rule updates. On this basis,
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. Therefore, under
5 U.S.C. 605(b), this final rule 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.) 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. This final rule is considered
an E.O. 13771 deregulatory action.
Details on the estimated cost savings of
this final rule can be found in the rule’s
economic analysis.
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16207
VA’s impact analysis can be found as
a supporting document at https://
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 https://
www.va.gov/orpm by following the link
for VA Regulations Published from FY
2004 Through Fiscal Year to Date.
List of Subjects
48 CFR Part 801
Administrative practice and
procedure, Government procurement,
Reporting and recordkeeping
requirements.
48 CFR Parts 802, 812 and 814
Government procurement.
48 CFR Part 803
Antitrust, Conflict of interest,
Government procurement.
48 CFR Part 822
Government procurement, Labor.
48 CFR Part 852
Government procurement, Reporting
and recordkeeping requirements.
Signing Authority
The Secretary of Veterans Affairs, or
designee, 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. Gina
S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs,
approved this document on February
23, 2018, for publication.
Dated: March 13, 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 801,
802, 803, 812, 814, 822, and 852 as
follows:
PART 801—DEPARTMENT OF
VETERANS AFFAIRS ACQUISITION
REGULATION SYSTEM
1. The authority citation for part 801
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.
801.106
[Amended]
2. In section 801.106, table columns
titled ‘‘48 CFR part or section where
identified and described’’ and ‘‘Current
■
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OMB Control Number,’’ are amended to
remove the references to section
852.214–70 and the corresponding OMB
Control Number 2900–0593.
PART 802—DEFINITIONS OF WORDS
AND TERMS
Subpart 803.3 [Removed and reserved]
8. Subpart 803.3 is removed and
reserved.
■
Subpart 803.4 [Removed and reserved]
9. Subpart 803.4 is removed and
reserved.
■
3. The authority citation for part 802
is revised to read as follows:
■
803.502
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.
■
10. Section 803.502 is removed.
4. Section 802.101 is amended to
remove definitions of ‘‘D&S
Committee,’’ ‘‘Debarring Official,’’ and
‘‘Suspending official,’’ and to add
definitions of ‘‘Suspending and
Debarring Official (SDO)’’ and
‘‘Suspension and Debarment Committee
(S&D Committee)’’ in alphabetical order
to read as follows:
Definitions.
*
*
*
*
*
Suspending and Debarring Official
(SDO) means the Senior Procurement
Executive (SPE) or Deputy Senior
Procurement Executive (DSPE) if further
delegated in writing by the SPE.
Suspension and Debarment
Committee (S&D Committee) means a
committee authorized by the SDO to
assist the SDO with suspension and
debarment related matters.
*
*
*
*
*
803.570–1
*
Policy.
VA policy prohibits contractors from
making references in its commercial
advertising to VA contracts in a manner
that states or implies the Government
approves or endorses the product or
service or considers it superior to other
products or services. The intent of this
policy is to preclude the appearance of
bias toward any product or service.
Subpart 803.6 [Removed and reserved]
12. Subpart 803.6 is removed and
reserved.
■
Subpart 803.7 [Removed and reserved]
13. Subpart 803.7 is removed and
reserved.
■
Subpart 803.1 [Removed and reserved]
6. Subpart 803.1 is removed and
reserved.
■
7. Section 803.204 is revised to read
as follows:
In providing the notice and hearing
required by FAR 3.204, the following
applies—
■
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PART 814—SEALED BIDDING
19. The authority citation for part 814
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 814.1 [Removed and reserved]
20. Subpart 814.1 is removed and
reserved.
■ 21. Section 814.201 is revised to read
as follows:
■
814.201
Preparation of invitations for bids.
■
814.201–2
15. Subpart 803.11 is added 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.
Treatment of violations.
(a) The SDO shall determine whether
or not a violation of the Gratuities
clause, 52.203–3 has occurred and what
action will be taken under FAR 3.204(c).
(c) When the SDO determines that a
violation has occurred and that
debarment is being considered, he or
she shall follow procedures at 809.406–
3.
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*
*
*
*
(b) * * *
(13) 852.214–74, Marking of Bid
Samples.
*
*
*
*
*
Subpart 803.8 [Removed and reserved]
■
5. The authority citation for part 803
is revised to read as follows:
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18. Section 812.301 is amended by
revising paragraph (b)(13) to read as
follows:
■
812.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
■
■
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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.
14. Subpart 803.8 is removed and
reserved.
PART 803—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
803.204
17. The authority citation for part 812
is revised to read as follows:
■
11. Section 803.570–1 is revised to
read as follows:
■
■
802.101
[Removed]
PART 812—ACQUISITION OF
COMMERCIAL ITEMS
Subpart 803.11—Preventing Personal
Conflicts of Interest for Contractor
Employees Performing Acquisition
Functions
803.1103
Procedures.
(a) By use of the contract clause at
52.203–16, Preventing Personal
Conflicts of Interest, the contracting
officer shall require each contractor
whose employees perform acquisition
functions closely associated with
inherently Governmental functions to
obtain from each covered employee a
signed non-disclosure agreement to
prohibit disclosure of non-public
information accessed through
performance of a Government contract.
See FAR 3.1103(a)(2)(iii).
Subpart 803.70 [Removed and
reserved]
16. Subpart 803.70 is removed and
reserved.
■
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22. Section 814.201–2 is added to read
as follows:
Part I—The Schedule.
(b) Section B, Supplies or services and
prices.
(1) When the contracting officer
determines that it will be to the
Government’s advantage to make an
award on the basis of a summary bid,
the IFB shall include the following
statement in Part I—The Schedule,
Section B:
The award will be made on either the
bid price for individual items or the
summary bid price summary for all
items, whichever results in the lowest
price to the Government. Therefore, to
assure proper evaluation of all bids, a
bidder quoting a summary bid price
must also quote a price on each
individual item included in the
summary bid price.
(2) When a contracting officer
determines that it will be to the
Government’s advantage to make an
award by group or groups of items, the
IFB shall include the following
statement in Part I—The Schedule,
Section B:
Award shall be made on the basis of
the bid price for each identified group
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of items. The individual price of each
line item in the group does not have to
be the lowest bid received for that item.
This may apply when the items in the
group or groups are readily available
from sources to be solicited; and one of
the following applies:
(i) Furniture or fixtures are required
for a single project and uniformity of
design is desirable.
(ii) The articles required will be
assembled and used as a unit.
■ 23. Section 814.201–6 is revised to
read as follows:
814.201–6
Solicitation provisions.
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(a) In an invitation for bid for
supplies, equipment, or services (other
than construction), the contracting
officer shall define the extent to which
VA will authorize and consider
alternate bids.
(1) The contracting officer shall
include the provision at 852.214–71,
Restrictions on Alternate Item(s), in the
invitation when VA will consider an
alternate item only where acceptable
bids on a desired item are not received
or the bids do not satisfy the total
requirement. (For construction projects,
VA will consider for acceptance an
alternate specified only as a part of the
basic item.)
(2) The contracting officer shall
include the provision at 852.214–72,
Alternate Item(s), in the invitation,
when VA will consider an alternate item
on an equal basis with the item
specified. (For construction projects, VA
will consider for acceptance an alternate
specified only as a part of the basic
item.)
(3) In addition to either of the
provisions referenced in paragraphs
(a)(1) or (2) of this section, the
contracting officer shall include the
provision at 852.214–73, Alternate
Packaging and Packing, in the invitation
when bids will be allowed based on
different packaging, unit designation,
etc.
(b) The contracting officer shall
include the provision at 852.214–74,
Marking of Bid Samples, in the
invitation, along with the provision at
FAR 52.214–20, Bid Samples, when the
contracting officer determines that
samples are necessary to the proper
awarding of a contract.
■ 24. Sections 814.202 and 814.202–4
are added to read as follows:
Schedule that requires bidders to submit
samples produced by the manufacturer
whose products will be supplied under
the contract.
(g) Handling bid samples.
(1) Samples from successful bids shall
be retained for the period of contract
performance.
(2) If the contracting officer
anticipates a claim regarding the
contract, the contracting officer shall
require that the bid samples be retained
until the claim is resolved. If there are
no outstanding claims regarding the
contract, the contracting officer may
authorize disposal of the samples at the
end of the contract term in accordance
with the bidder’s instructions.
(3) The contracting officer shall
require that samples from unsuccessful
bids be retained until award. After
award, these samples may be disposed
of in accordance with the bidder’s
instructions.
814.203 and 814.203–1
[Removed]
25. Sections 814.203 and 814.203–1
are removed.
■
814.204
■
26. Section 814.204 is removed.
814.208
■
[Removed]
27. Section 814.208 is removed.
814.301
■
[Removed]
[Removed]
28. Section 814.301 is removed.
814.302
[Removed]
29. Section 814.302 is removed.
30. Section 814.304 is revised to read
as follows:
■
■
814.304 Submission, modification, and
withdrawal of bids.
(f) A notification to late bidders shall
specify the final date by which VA must
receive evidence of timeliness. This date
shall be within five calendar days of the
date an electronic notice is sent to the
bidder, or within ten calendar days of
receipt by the bidder of a notice sent by
other than electronic means.
Subpart 814.4 [Removed and reserved]
31. Subpart 814.4 is removed and
reserved.
■
PART 822—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
32. The authority citation for part 822
is revised to read as follows:
■
814.202
bids.
General rules for solicitation of
814.202–4
Bid samples.
(a) Policy. When bid samples are
required, the contracting officer shall
include a notice in the contract
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Authority: 40 U.S.C. 121(c); 41 U.S.C.
1121(c)(3); 29 CFR 5.15(d); 41 U.S.C. 1702;
and 48 CFR 1.301–1.304.
33. Section 822.304 is revised to read
as follows:
■
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16209
822.304 Variations, tolerances, and
exemptions.
For contracts providing nursing home
care for veterans, the Secretary of Labor
has allowed a variation to the
requirements of Contract Work Hours
and Safety Standards (the statute) (40
U.S.C. 3701, et seq.) regarding the
payment of overtime (see 29 CFR
5.15(d)(2)). The variation provides that
overtime may be calculated on a basis
other than a 40 hour workweek (as an
alternate work period) when—
(a) Due to operational necessity or
convenience a work period of 14
consecutive days may be accepted in
lieu of the workweek of 7 consecutive
days for the purpose of computing
overtime compensation, pursuant to an
agreement or understanding arrived at
between the contractor and the
contractors’ employees before
performance of the work; and
(b) If The contractor’s employees
receive compensation for employment
in excess of 8 hours in any workday and
in excess of 80 hours in such 14-day
period at a rate not less than 11⁄2 times
the regular rate at which the individual
is employed, computed in accordance
with the requirements of the Fair Labor
Standards Act of 1938, as amended.
■ 34. Section 822.305 is revised to read
as follows:
822.305
Contract clause.
The contracting officer shall insert the
clause at 852.222–70, Contract Work
Hours and Safety Standards—Nursing
Home Care for Veterans, in solicitations
and contracts for nursing home care for
veterans. The contractor shall flow
down this clause and insert in all
subcontracts, at any tier.
Subpart 822.4 [Removed and
reserved].
35. Subpart 822.4 is removed and
reserved.
■
PART 852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
36. 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.
Subpart 852.2—Texts of Provisions
and Clauses
37. Section 852.203–70 is revised to
read as follows:
■
852.203–70
Commercial advertising.
As prescribed in 803.570–2, insert the
following clause:
E:\FR\FM\16APR1.SGM
16APR1
16210
Federal Register / Vol. 83, No. 73 / Monday, April 16, 2018 / Rules and Regulations
Commercial Advertising (May 2018)
The Contractor shall not make reference in
its commercial advertising to Department of
Veterans Affairs contracts in a manner that
states or implies the Department of Veterans
Affairs approves or endorses the Contractor’s
products or services or considers the
Contractor’s products or services superior to
other products or services.
(End of clause)
852.203–71
[Removed and reserved]
38. Section 852.203–71 is removed
and reserved.
■
852.214–70
[Removed and reserved].
39. Section 852.214–70 is removed
and reserved.
■ 40. Section 852.214–71 is revised to
read as follows:
43. Section 852.214–74 is revised to
read as follows:
■
852.214–74
Marking of bid samples.
As prescribed in 814.201–6(b), insert
the following provision:
Marking of Bid Samples (May 2018)
Any bid sample(s) furnished must be in the
quantities specified in the solicitation. Cases
or packages must be plainly marked ‘Bid
Sample(s)’’ with the complete lettering/
numbering and description of the related bid
item(s), the number of the Invitation for Bids,
and the name of the bidder submitting the
bid sample(s).
■
852.214–71
item(s).
(End of provision)
852.222–70 Contract work-hours and
safety standards—nursing home care for
veterans.
As prescribed in 814.201–6(a)(1),
insert the following provision:
Restrictions on Alternate Item(s) (May 2018)
Bids on [ ]* will be considered only if
acceptable bids on [ ]** are not received or
do not satisfy the total requirement.
*Contracting Officer will insert an alternate
item that is considered acceptable.
**Contracting Officer will insert the
required item and item number.
(End of provision)
■ 41. Section 852.214–72 is revised to
read as follows:
852.214–72
Alternate item(s).
As prescribed in 814.201–6(a)(2),
insert the following provision:
Alternate Item(s) (May 2018)
Bids on [ ]* will be given equal
consideration along with bids on [ ]** and
any such bids received may be accepted if to
the advantage of the Government. Tie bids
will be decided in favor of [ ].**
*Contracting Officer will insert an alternate
item that is considered acceptable.
**Contracting Officer will insert the
required item and item number.
(End of provision)
■ 42. Section 852.214–73 is revised to
read as follows:
852.214–73
packing.
Alternate packaging and
daltland on DSKBBV9HB2PROD with RULES
As prescribed in 814.201–6(a)(3),
insert the following provision:
Alternate Packaging and Packing (May 2018)
The bidders offer must clearly indicate the
quantity, package size, unit, or other different
feature upon which the quote is made.
Evaluation of the alternate or multiple
alternates will be made on a common
denominator such as per ounce, per pound,
etc., basis.
(End of provision)
VerDate Sep<11>2014
16:07 Apr 13, 2018
As prescribed in 822.305, insert the
following clause:
Contract Work Hours and Safety
Standards—Nursing Home Care for Veterans
(May 2018)
(a) No Contractor and subcontractor under
this contract shall prohibit the payment of
overtime wages to their employees for work
in excess of 40 hours in any workweek,
which would otherwise be a violation of
Contract Work Hours and Safety Standards
(the statute) (40 U.S.C. 3701, et seq.),
provided—
(1) The Contractor or subcontractor is
primarily engaged in the care of nursing
home patients residing on the contractor’s or
subcontractor’s premises;
(2) There is an agreement or understanding
between the Contractor or subcontractor and
their employees, before performance of work,
that a work period of 14 consecutive days is
acceptable in lieu of a work period of 7
consecutive days for the purpose of overtime
compensation;
(3) Employees receive overtime
compensation at a rate no less than 11⁄2 times
the employees’ regular hourly rate of pay for
work in excess of 80 hours in any 14 day
period; and
(4) Pay is otherwise computed in
accordance with the requirements of the Fair
Labor Standards Act of 1938, as amended.
(b) Subcontracts. The Contractor shall
insert the text of this clause, including this
paragraph (b), in subcontracts at any tier. The
Contractor shall be responsible for
compliance by any subcontractor or lowertier subcontractor with the provisions set
forth in paragraphs (a) through (b) of this
clause.
(End of clause)
[FR Doc. 2018–07833 Filed 4–13–18; 8:45 am]
BILLING CODE 8320–01–P
Jkt 244001
PO 00000
Frm 00026
Fmt 4700
Federal Motor Carrier Safety
Administration
49 CFR Parts 370, 371, 373, 375, 376,
378, 379, 380, 382, 387, 390, 391, 395,
396, and 398
[Docket No. FMCSA–2012–0376]
RIN 2126–AB47
Electronic Documents and Signatures
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends its
regulations to allow the use of electronic
records and signatures to satisfy
FMCSA’s regulatory requirements.
These amendments permit the use of
electronic methods to generate, certify,
sign, maintain, or exchange records so
long as the documents accurately reflect
the required information and can be
used for their intended purpose. This
rule applies only to those documents
that FMCSA’s regulations obligate
entities or individuals to retain; it does
not apply to forms or other documents
that must be submitted directly to
FMCSA unless there are already
procedures in place in the regulations
for electronic submission to FMCSA.
This rule partially implements the
Government Paperwork Elimination Act
(GPEA) and the Electronic Signatures in
Global and National Commerce Act (E–
SIGN).
DATES: This final rule is effective June
15, 2018.
Petitions for Reconsideration of this
final rule must be submitted to the
Administrator of FMCSA in accordance
with 49 CFR 389.35 no later than May
16, 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
David Miller, Office of Policy, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590–0001,
david.miller@dot.gov.
If you have questions on viewing or
submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION: This final
rule is organized as follows:
SUMMARY:
44. Section 852.222–70 is revised to
read as follows:
■
Restrictions on alternate
DEPARTMENT OF TRANSPORTATION
Sfmt 4700
I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Executive Summary
A. Purpose and Summary of the Major
Provisions
B. Benefits and Costs
III. Abbreviations and Acronyms
IV. Legal Basis for the Rulemaking
E:\FR\FM\16APR1.SGM
16APR1
]]>Agencies
[Federal Register Volume 83, Number 73 (Monday, April 16, 2018)]
[Rules and Regulations]
[Pages 16206-16210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07833]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
48 CFR Parts 801, 802, 803, 812, 814, 822, and 852
RIN 2900-AP50
Revise and Streamline VA Acquisition Regulation To Adhere to
Federal Acquisition Regulation Principles (VAAR Case 2014-V001)
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) in this final rule
amends six clauses or provisions and removes one clause which
duplicates current FAR coverage and is not needed, provides updated
policy on variations, tolerances and exemptions regarding overtime in
contracts providing nursing home care for veterans, removes an
information collection burden on an outdated practice of using bid
envelopes; clarifies language regarding the prohibition of contractors
from making reference in their commercial advertising, and revises
definitions relating to D&S Committee, Debarring Official and
Suspending Official currently contained in the VAAR. This document
adopts as a final rule, with three technical non-substantive changes,
the proposed rule published in the Federal Register on May 17, 2017.
DATES: This rule is effective on May 16, 2018.
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 telephone number.)
SUPPLEMENTARY INFORMATION: On May 17, 2017, VA published a proposed
rule in the Federal Register (82 FR 22635), which announced VA`s intent
to amend regulations for VAAR Case 2014-V001. In addition to the
revisions outlined in the summary, this final rule also updates the
policy governing improper business practices and personal conflicts of
interests, and provides the agency's procedures on due process rights
and who in VA determines whether or not a violation of the Gratuities
clause has occurred. The rule adds clarifying information on sealed
bidding including preparation of invitations for bids and other general
rules for solicitation of bids. 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 July 17, 2017 and VA received no comments. The
proposed rule is being adopted as final, with three technical non-
substantive changes and minor stylistic and grammatical edits.
Technical Non-Substantive Changes to the Proposed Rule
The final rule makes administrative changes to two of the
authorities for the parts on the recommendation of counsel,
specifically the removal of 38 U.S.C. 501, and the addition of 41
U.S.C. 1702 which addresses overall direction of procurement policy,
acquisition planning and management responsibilities of Chief
Acquisition Officers and Senior Procurement Executives, including
implementation of unique procurement policies, regulations, and
standards of the agency. 38 U.S.C. 501 is a more general authority of
the Secretary of the Department of Veterans Affairs to
[[Page 16207]]
prescribe all rules and regulations which are necessary or appropriate
to carry out the laws administered by the Department. The Title 41
authority is the more appropriate authority to cite when publishing the
VA Acquisition Regulation.
The final rule, in section 802.101, will remove definitions and
titles relating to D&S Committee, Debarring official, and Suspending
official and replaces them with two definitions/titles and the acronyms
now in use in the agency: Suspending and Debarring Official (SDO) and
Suspension and Debarment Committee (S&D Committee). These were properly
updated via VAAR Class Deviation issued on June 2, 2017, after the
proposed rule was published for public comment.
This final rule has Federal Register administrative format changes
in the amendatory text which makes 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
Although this action contains provisions constituting collections
of information at 48 CFR 814.201-6(a) and 852.214-70, under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521), no new or proposed revised collections of information are
associated with this final rule. The information collection
requirements for 48 CFR 814.201-6(a) and 852.214-70 are currently
approved by OMB, have been assigned OMB control number 2900-0593, and
are being removed and discontinued. This results in a removal of 2
estimated annual burden hours to respondents.
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. The rule text does not
change VA's policy regarding small businesses. Therefore, the rule does
not have a significant economic impact on substantial number of small
entities. There are no increased and/or decreased costs to small
entities. The overall impact of this final 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 estimates no
cost impact to individual business resulting from these rule updates.
On this basis, 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. Therefore, under 5
U.S.C. 605(b), this final rule 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.) 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. This final rule is considered an E.O. 13771 deregulatory action.
Details on the estimated cost savings of this final rule can be found
in the rule's economic analysis.
VA's impact analysis can be found as a supporting document at
https://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
https://www.va.gov/orpm by following the link for VA Regulations
Published from FY 2004 Through Fiscal Year to Date.
List of Subjects
48 CFR Part 801
Administrative practice and procedure, Government procurement,
Reporting and recordkeeping requirements.
48 CFR Parts 802, 812 and 814
Government procurement.
48 CFR Part 803
Antitrust, Conflict of interest, Government procurement.
48 CFR Part 822
Government procurement, Labor.
48 CFR Part 852
Government procurement, Reporting and recordkeeping requirements.
Signing Authority
The Secretary of Veterans Affairs, or designee, 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. Gina S.
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs,
approved this document on February 23, 2018, for publication.
Dated: March 13, 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
801, 802, 803, 812, 814, 822, and 852 as follows:
PART 801--DEPARTMENT OF VETERANS AFFAIRS ACQUISITION REGULATION
SYSTEM
0
1. The authority citation for part 801 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.
801.106 [Amended]
0
2. In section 801.106, table columns titled ``48 CFR part or section
where identified and described'' and ``Current
[[Page 16208]]
OMB Control Number,'' are amended to remove the references to section
852.214-70 and the corresponding OMB Control Number 2900-0593.
PART 802--DEFINITIONS OF WORDS AND TERMS
0
3. The authority citation for part 802 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.
0
4. Section 802.101 is amended to remove definitions of ``D&S
Committee,'' ``Debarring Official,'' and ``Suspending official,'' and
to add definitions of ``Suspending and Debarring Official (SDO)'' and
``Suspension and Debarment Committee (S&D Committee)'' in alphabetical
order to read as follows:
802.101 Definitions.
* * * * *
Suspending and Debarring Official (SDO) means the Senior
Procurement Executive (SPE) or Deputy Senior Procurement Executive
(DSPE) if further delegated in writing by the SPE.
Suspension and Debarment Committee (S&D Committee) means a
committee authorized by the SDO to assist the SDO with suspension and
debarment related matters.
* * * * *
PART 803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
5. The authority citation for part 803 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 803.1 [Removed and reserved]
0
6. Subpart 803.1 is removed and reserved.
0
7. Section 803.204 is revised to read as follows:
In providing the notice and hearing required by FAR 3.204, the
following applies--
803.204 Treatment of violations.
(a) The SDO shall determine whether or not a violation of the
Gratuities clause, 52.203-3 has occurred and what action will be taken
under FAR 3.204(c).
(c) When the SDO determines that a violation has occurred and that
debarment is being considered, he or she shall follow procedures at
809.406-3.
Subpart 803.3 [Removed and reserved]
0
8. Subpart 803.3 is removed and reserved.
Subpart 803.4 [Removed and reserved]
0
9. Subpart 803.4 is removed and reserved.
803.502 [Removed]
0
10. Section 803.502 is removed.
0
11. Section 803.570-1 is revised to read as follows:
803.570-1 Policy.
VA policy prohibits contractors from making references in its
commercial advertising to VA contracts in a manner that states or
implies the Government approves or endorses the product or service or
considers it superior to other products or services. The intent of this
policy is to preclude the appearance of bias toward any product or
service.
Subpart 803.6 [Removed and reserved]
0
12. Subpart 803.6 is removed and reserved.
Subpart 803.7 [Removed and reserved]
0
13. Subpart 803.7 is removed and reserved.
Subpart 803.8 [Removed and reserved]
0
14. Subpart 803.8 is removed and reserved.
0
15. Subpart 803.11 is added to read as follows:
Subpart 803.11--Preventing Personal Conflicts of Interest for
Contractor Employees Performing Acquisition Functions
803.1103 Procedures.
(a) By use of the contract clause at 52.203-16, Preventing Personal
Conflicts of Interest, the contracting officer shall require each
contractor whose employees perform acquisition functions closely
associated with inherently Governmental functions to obtain from each
covered employee a signed non-disclosure agreement to prohibit
disclosure of non-public information accessed through performance of a
Government contract. See FAR 3.1103(a)(2)(iii).
Subpart 803.70 [Removed and reserved]
0
16. Subpart 803.70 is removed and reserved.
PART 812--ACQUISITION OF COMMERCIAL ITEMS
0
17. The authority citation for part 812 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.
0
18. Section 812.301 is amended by revising paragraph (b)(13) to read as
follows:
812.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(b) * * *
(13) 852.214-74, Marking of Bid Samples.
* * * * *
PART 814--SEALED BIDDING
0
19. The authority citation for part 814 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 814.1 [Removed and reserved]
0
20. Subpart 814.1 is removed and reserved.
0
21. Section 814.201 is revised to read as follows:
814.201 Preparation of invitations for bids.
0
22. Section 814.201-2 is added to read as follows:
814.201-2 Part I--The Schedule.
(b) Section B, Supplies or services and prices.
(1) When the contracting officer determines that it will be to the
Government's advantage to make an award on the basis of a summary bid,
the IFB shall include the following statement in Part I--The Schedule,
Section B:
The award will be made on either the bid price for individual items
or the summary bid price summary for all items, whichever results in
the lowest price to the Government. Therefore, to assure proper
evaluation of all bids, a bidder quoting a summary bid price must also
quote a price on each individual item included in the summary bid
price.
(2) When a contracting officer determines that it will be to the
Government's advantage to make an award by group or groups of items,
the IFB shall include the following statement in Part I--The Schedule,
Section B:
Award shall be made on the basis of the bid price for each
identified group
[[Page 16209]]
of items. The individual price of each line item in the group does not
have to be the lowest bid received for that item. This may apply when
the items in the group or groups are readily available from sources to
be solicited; and one of the following applies:
(i) Furniture or fixtures are required for a single project and
uniformity of design is desirable.
(ii) The articles required will be assembled and used as a unit.
0
23. Section 814.201-6 is revised to read as follows:
814.201-6 Solicitation provisions.
(a) In an invitation for bid for supplies, equipment, or services
(other than construction), the contracting officer shall define the
extent to which VA will authorize and consider alternate bids.
(1) The contracting officer shall include the provision at 852.214-
71, Restrictions on Alternate Item(s), in the invitation when VA will
consider an alternate item only where acceptable bids on a desired item
are not received or the bids do not satisfy the total requirement. (For
construction projects, VA will consider for acceptance an alternate
specified only as a part of the basic item.)
(2) The contracting officer shall include the provision at 852.214-
72, Alternate Item(s), in the invitation, when VA will consider an
alternate item on an equal basis with the item specified. (For
construction projects, VA will consider for acceptance an alternate
specified only as a part of the basic item.)
(3) In addition to either of the provisions referenced in
paragraphs (a)(1) or (2) of this section, the contracting officer shall
include the provision at 852.214-73, Alternate Packaging and Packing,
in the invitation when bids will be allowed based on different
packaging, unit designation, etc.
(b) The contracting officer shall include the provision at 852.214-
74, Marking of Bid Samples, in the invitation, along with the provision
at FAR 52.214-20, Bid Samples, when the contracting officer determines
that samples are necessary to the proper awarding of a contract.
0
24. Sections 814.202 and 814.202-4 are added to read as follows:
814.202 General rules for solicitation of bids.
814.202-4 Bid samples.
(a) Policy. When bid samples are required, the contracting officer
shall include a notice in the contract Schedule that requires bidders
to submit samples produced by the manufacturer whose products will be
supplied under the contract.
(g) Handling bid samples.
(1) Samples from successful bids shall be retained for the period
of contract performance.
(2) If the contracting officer anticipates a claim regarding the
contract, the contracting officer shall require that the bid samples be
retained until the claim is resolved. If there are no outstanding
claims regarding the contract, the contracting officer may authorize
disposal of the samples at the end of the contract term in accordance
with the bidder's instructions.
(3) The contracting officer shall require that samples from
unsuccessful bids be retained until award. After award, these samples
may be disposed of in accordance with the bidder's instructions.
814.203 and 814.203-1 [Removed]
0
25. Sections 814.203 and 814.203-1 are removed.
814.204 [Removed]
0
26. Section 814.204 is removed.
814.208 [Removed]
0
27. Section 814.208 is removed.
814.301 [Removed]
0
28. Section 814.301 is removed.
814.302 [Removed]
0
29. Section 814.302 is removed.
0
30. Section 814.304 is revised to read as follows:
814.304 Submission, modification, and withdrawal of bids.
(f) A notification to late bidders shall specify the final date by
which VA must receive evidence of timeliness. This date shall be within
five calendar days of the date an electronic notice is sent to the
bidder, or within ten calendar days of receipt by the bidder of a
notice sent by other than electronic means.
Subpart 814.4 [Removed and reserved]
0
31. Subpart 814.4 is removed and reserved.
PART 822--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
32. The authority citation for part 822 is revised to read as follows:
Authority: 40 U.S.C. 121(c); 41 U.S.C. 1121(c)(3); 29 CFR
5.15(d); 41 U.S.C. 1702; and 48 CFR 1.301-1.304.
0
33. Section 822.304 is revised to read as follows:
822.304 Variations, tolerances, and exemptions.
For contracts providing nursing home care for veterans, the
Secretary of Labor has allowed a variation to the requirements of
Contract Work Hours and Safety Standards (the statute) (40 U.S.C. 3701,
et seq.) regarding the payment of overtime (see 29 CFR 5.15(d)(2)). The
variation provides that overtime may be calculated on a basis other
than a 40 hour workweek (as an alternate work period) when--
(a) Due to operational necessity or convenience a work period of 14
consecutive days may be accepted in lieu of the workweek of 7
consecutive days for the purpose of computing overtime compensation,
pursuant to an agreement or understanding arrived at between the
contractor and the contractors' employees before performance of the
work; and
(b) If The contractor's employees receive compensation for
employment in excess of 8 hours in any workday and in excess of 80
hours in such 14-day period at a rate not less than 1\1/2\ times the
regular rate at which the individual is employed, computed in
accordance with the requirements of the Fair Labor Standards Act of
1938, as amended.
0
34. Section 822.305 is revised to read as follows:
822.305 Contract clause.
The contracting officer shall insert the clause at 852.222-70,
Contract Work Hours and Safety Standards--Nursing Home Care for
Veterans, in solicitations and contracts for nursing home care for
veterans. The contractor shall flow down this clause and insert in all
subcontracts, at any tier.
Subpart 822.4 [Removed and reserved].
0
35. Subpart 822.4 is removed and reserved.
PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
36. 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.
Subpart 852.2--Texts of Provisions and Clauses
0
37. Section 852.203-70 is revised to read as follows:
852.203-70 Commercial advertising.
As prescribed in 803.570-2, insert the following clause:
[[Page 16210]]
Commercial Advertising (May 2018)
The Contractor shall not make reference in its commercial
advertising to Department of Veterans Affairs contracts in a manner
that states or implies the Department of Veterans Affairs approves
or endorses the Contractor's products or services or considers the
Contractor's products or services superior to other products or
services.
(End of clause)
852.203-71 [Removed and reserved]
0
38. Section 852.203-71 is removed and reserved.
852.214-70 [Removed and reserved].
0
39. Section 852.214-70 is removed and reserved.
0
40. Section 852.214-71 is revised to read as follows:
852.214-71 Restrictions on alternate item(s).
As prescribed in 814.201-6(a)(1), insert the following provision:
Restrictions on Alternate Item(s) (May 2018)
Bids on [ ]* will be considered only if acceptable bids on [ ]**
are not received or do not satisfy the total requirement.
*Contracting Officer will insert an alternate item that is
considered acceptable.
**Contracting Officer will insert the required item and item
number.
(End of provision)
0
41. Section 852.214-72 is revised to read as follows:
852.214-72 Alternate item(s).
As prescribed in 814.201-6(a)(2), insert the following provision:
Alternate Item(s) (May 2018)
Bids on [ ]* will be given equal consideration along with bids
on [ ]** and any such bids received may be accepted if to the
advantage of the Government. Tie bids will be decided in favor of [
].**
*Contracting Officer will insert an alternate item that is
considered acceptable.
**Contracting Officer will insert the required item and item
number.
(End of provision)
0
42. Section 852.214-73 is revised to read as follows:
852.214-73 Alternate packaging and packing.
As prescribed in 814.201-6(a)(3), insert the following provision:
Alternate Packaging and Packing (May 2018)
The bidders offer must clearly indicate the quantity, package
size, unit, or other different feature upon which the quote is made.
Evaluation of the alternate or multiple alternates will be made on a
common denominator such as per ounce, per pound, etc., basis.
(End of provision)
0
43. Section 852.214-74 is revised to read as follows:
852.214-74 Marking of bid samples.
As prescribed in 814.201-6(b), insert the following provision:
Marking of Bid Samples (May 2018)
Any bid sample(s) furnished must be in the quantities specified
in the solicitation. Cases or packages must be plainly marked `Bid
Sample(s)'' with the complete lettering/numbering and description of
the related bid item(s), the number of the Invitation for Bids, and
the name of the bidder submitting the bid sample(s).
(End of provision)
0
44. Section 852.222-70 is revised to read as follows:
852.222-70 Contract work-hours and safety standards--nursing home care
for veterans.
As prescribed in 822.305, insert the following clause:
Contract Work Hours and Safety Standards--Nursing Home Care for
Veterans (May 2018)
(a) No Contractor and subcontractor under this contract shall
prohibit the payment of overtime wages to their employees for work
in excess of 40 hours in any workweek, which would otherwise be a
violation of Contract Work Hours and Safety Standards (the statute)
(40 U.S.C. 3701, et seq.), provided--
(1) The Contractor or subcontractor is primarily engaged in the
care of nursing home patients residing on the contractor's or
subcontractor's premises;
(2) There is an agreement or understanding between the
Contractor or subcontractor and their employees, before performance
of work, that a work period of 14 consecutive days is acceptable in
lieu of a work period of 7 consecutive days for the purpose of
overtime compensation;
(3) Employees receive overtime compensation at a rate no less
than 1\1/2\ times the employees' regular hourly rate of pay for work
in excess of 80 hours in any 14 day period; and
(4) Pay is otherwise computed in accordance with the
requirements of the Fair Labor Standards Act of 1938, as amended.
(b) Subcontracts. The Contractor shall insert the text of this
clause, including this paragraph (b), in subcontracts at any tier.
The Contractor shall be responsible for compliance by any
subcontractor or lower-tier subcontractor with the provisions set
forth in paragraphs (a) through (b) of this clause.
(End of clause)
[FR Doc. 2018-07833 Filed 4-13-18; 8:45 am]
BILLING CODE 8320-01-P
