VA Acquisition Regulation: Definitions, Solicitation Provisions and Contract Clauses, and Forms, 54402-54405 [2021-20921]
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
nonbusiness day, the cutoff shall be the
close of business of the first full
business day thereafter. For
International Broadcast Stations,
applications shall be filed electronically
in the International Bureau Filing
System (IBFS).
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14. Amend § 73.3540 by revising
paragraphs (c) and (d) to read as follows:
DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Parts 802, 852, and 853
RIN 2900–AR30
VA Acquisition Regulation: Definitions,
Solicitation Provisions and Contract
Clauses, and Forms
■
ACTION:
§ 73.3540 Application for voluntary
assignment or transfer of control.
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(c) Application for consent to the
assignment of construction permit or
license must be filed on FCC Form 314
‘‘Assignment of license’’ or FCC Form
316 ‘‘Short form’’ (See paragraph (f) of
this section). For International
Broadcast Stations, the application shall
be filed electronically in the
International Bureau Filing System
(IBFS).
(d) Application for consent to the
transfer of control of a corporation
holding a construction permit or license
must be filed on FCC Form 315
‘‘Transfer of Control’’ or FCC Form 316
‘‘Short form’’ (see paragraph (f) of this
section). For International Broadcast
Stations, applications shall be filed
electronically in IBFS.
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15. Revise § 73.3545 to read as
follows:
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§ 73.3545 Application for permit to deliver
programs to foreign stations.
Application under section 325(c) of
the Communications Act for authority to
locate, use, or maintain a broadcast
studio in connection with a foreign
station consistently received in the
United States, should be made on FCC
Form 308, ‘‘Application for Permit to
Deliver Programs to Foreign Broadcast
Stations.’’ An informal application may
be used by applicants holding an AM,
FM or TV broadcast station license or
construction permit. Informal
applications must, however, contain a
description of the nature and character
of the programming proposed, together
with other information requested on
Page 4 of Form 308. All applications
must be filed electronically in the
International Bureau Filing System
(IBFS).
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This final rule amends the
Veterans Affairs Acquisition Regulation
(VAAR) to provide needed editorial
changes. VA is publishing a technical
amendment to make minor
administrative corrections in the
definitions, clauses, provisions and
forms, and to remove duplicate or
outdated definitions associated with the
previously published rules.
DATES: This rule is effective on
November 1, 2021.
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
number.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
*
[FR Doc. 2021–17394 Filed 9–30–21; 8:45 am]
Department of Veterans Affairs.
Final rule.
AGENCY:
Background
The purpose of this rule is to make
minor final revisions and edits to three
completed parts that are necessary to
conform with FAR writing style,
standard Government publication
formats and drafting standards. VA is
updating these parts to ensure
standardization in titles with FAR
drafting principles, as well as to update
any VA organizational changes
subsequent to the final rules. In
particular, this rulemaking makes
technical administrative amendments to
part 802, Definitions; part 852,
Solicitation Provisions and Contract
Clauses; and part 853, Forms.
The three parts addressed in this
action have been reviewed and revised
as affected parts during the course of the
VAAR rewrite project. This is, therefore,
a technical, non-substantive change to
the texts of these three parts to ensure
conformity with those standards.
Discussion and Analysis
Technical corrections include the
following:
a. For part 802:
(1) Section 802.101 is amended to
revise the definition for the Chief
Acquisition Officer; the definition for
COTR has been removed; the definition
for COR has been added to reflect the
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current use of COR; the definitions for
HCA and SPE have been revised to
reflect the current organization structure
of VA, and to update the website listed
for Vendor Information Pages (VIP) has
been updated.
(2) Section 802.101 is also amended to
delete the following definitions: Deputy
Senior Procurement Executive (DSPE)
and Resident Engineer. The DSPE role is
currently inactive at the VA and the
current definition for ‘‘Resident
Engineer’’ is inaccurate and
unnecessary.
b. For part 852:
(1) Section 852.101 is redesignated as
section 852.101–70 to conform with the
VAAR numbering convention.
(2) Section 852.102 is amended to
correct the word ‘‘chapter’’ because it
was misspelled and to update website
addresses in paragraphs (e) and (f) that
have since changed.
(3) Subpart 852.2 is amended to
capitalize all the major words in the
section titles of the provisions and
clauses.
(4) Section 852.216–75 is amended to
delete the word ‘‘clause’’ in the title and
to capitalize the major words in the title
of the clause.
c. For part 853:
(1) Subpart 853.2 is amended to
remove section 853.201 and section
853.201–1 as they include references to
the ‘‘VA Contracting Officer
Certification Program’’ which no longer
exists.
(2) Subpart 853.2 is amended to
remove section 853.215 and section
853.215–70 as they are no longer
referenced within the VAAR.
(3) Amend Section 853.236 as well as
sections 853.236–70, 853.236–71, and
853.236–72 to standardize the format
and style convention.
(4) Amend subpart 853.2 to remove
sections 853.271–1 and 853.271–2 as
this coverage is no longer needed in the
VAAR as the authority to perform the
functions outlined in these sections are
established by other provisions of law.
Notice and Comment
This rule makes administrative
changes that do not require notice and
comment procedures, consistent with 41
U.S.C. 1707, 48 CFR 1.301, and related
authority. The changes will not have a
significant effect on any party and will
not have a significant cost or
administrative impact on contractors or
offerors.
Executive Orders 12866 and 13563
Executive Order 12866—Regulatory
Planning and Review directs agencies to
assess the costs and benefits of available
regulatory alternatives and, if regulation
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Federal Register / Vol. 86, No. 188 / Friday, October 1, 2021 / Rules and Regulations
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563—
Improving Regulation and Regulatory
Review emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility.
The Office of Management and Budget
(OMB) has determined that this rule is
not a significant regulatory action under
Executive Order 12866. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule would 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
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. Therefore, pursuant to 5 U.S.C.
605(b), the initial and final regulatory
flexibility analysis requirements of 5
U.S.C. 603 and 604 do not apply.
Paperwork Reduction Act
This final rule does not contain any
information collection requirements that
require approval by the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), the Office of
Information and Regulatory Affairs
designated this rule as not a major rule,
as defined by 5 U.S.C. 804(2).
List of Subjects
48 CFR Part 802
Government procurement.
48 CFR Part 852
Government procurement, Reporting
and recordkeeping requirements.
48 CFR Part 853
Government procurement.
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved this
document on September 3, 2021, and
authorized the undersigned to sign and
submit the document to the Office of the
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16:40 Sep 30, 2021
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Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
Luvenia Potts,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
For the reasons set out in the
preamble, VA amends 48 CFR parts 802,
852, and 853 as set forth below.
54403
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 through 1.304.
Subpart 852.1—Instructions for Using
Provisions and Clauses
§ 852.101
[Redesignated as 852.101–70]
4. Redesignate section 852.101 as
section 852.101–70.
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PART 802—DEFINITIONS OF WORDS
AND TERMS
5. Amend section 852.102 by revising
the first sentence of paragraph (b) and
paragraphs (e) and (f) to read as follows:
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1. The authority citation for part 802
continues to read as follows:
§ 852.102
clauses.
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.
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Subpart 802.1—Definitions
2. Amend section 802.101 by:
a. Revising the definition for ‘‘Chief
Acquisition Officer;’’
■ b. Adding the definition for ‘‘COR’’ in
alphabetical order;
■ c. Removing the definitions for
‘‘COTR’’ and ‘‘DSPE;’’
■ d. Revising the definition for ‘‘HCA;’’
■ e. Removing the definition for
‘‘Resident Engineer;’’ and
■ f. Revising the definitions for ‘‘SPE’’
and ‘‘Vendor Information Pages (VIP).’’
The addition and revisions read as
follows:
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§ 802.101
Definitions.
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Chief Acquisition Officer (CAO)
means the Principal Executive Director,
Office of Acquisition, Logistics, and
Construction.
COR means Contracting Officer’s
Representative.
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HCA means the Head of the
Contracting Activity, an individual
appointed in writing by the SPE.
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SPE means the Senior Procurement
Executive who is also the Executive
Director, Office of Acquisition and
Logistics. The SPE is responsible for the
management direction of the VA
acquisition system.
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Vendor Information Pages (VIP)
means the VetBiz.va.gov VIP database at
https://www.vetbiz.va.gov/vip/.
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PART 852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. The authority citation for part 852
continues to read as follows:
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Incorporating provisions and
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(b) For any FAR or 48 CFR chapter 8
(VAAR) provision or clause that
requires completion by the contracting
officer, the contracting officer shall, as
a minimum, insert the title of the
provision or clause and the paragraph
that requires completion in full text in
the quotation, solicitation, or contract.
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(e) If one or more FAR provisions or
clauses, or portions thereof, are
incorporated in a quotation, solicitation,
or contract by reference, the contracting
officer shall insert in the FAR provision
or clause required by paragraph (c) or
(d) of this section the following internet
address: https://www.acquisition.gov/
browse/index/far.
(f) If one or more 48 CFR chapter 8
(VAAR) provisions or clauses, or
portions thereof, are incorporated in a
quotation, solicitation, or contract by
reference, the contracting officer shall
insert in the FAR provision or clause
required by paragraph (c) or (d) of this
section the following internet address:
https://www.acquisition.gov/vaar.
Subpart 852.2—Text of Provisions and
Clauses
6. Revise the heading for section
852.203–70 to read as follows:
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§ 852.203–70
Commercial Advertising.
7. Revise the heading for section
852.204–70 to read as follows:
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§ 852.204–70 Personal Identity Verification
of Contractor Personnel.
8. Revise the heading for section
852.207–70 to read as follows:
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§ 852.207–70 Report of Employment under
Commercial Activities.
9. Revise the heading for section
852.209–70 to read as follows:
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§ 852.209–70
Interest.
Organizational Conflicts of
§ 852.219–9 VA Small Business
Subcontracting Plan Minimum
Requirements.
10. Revise the heading for section
852.211–70 to read as follows:
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§ 852.219–10 VA Notice of Total ServiceDisabled Veteran-Owned Small Business
Set-Aside.
11. Revise the heading for section
852.211–72 to read as follows:
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23. Revise the heading for section
852.219–11 to read as follows:
§ 852.219–11 VA Notice of Total VeteranOwned Small Business Set-Aside.
12. Revise the heading for section
852.214–71 to read as follows:
24. Revise the heading for section
852.222–70 to read as follows:
Restrictions on Alternate
§ 852.222–70 Contract Work-Hours and
Safety Standards—Nursing Home Care for
Veterans.
13. Revise the heading for section
852.214–72 to read as follows:
25. Revise the heading for section
852.223–70 to read as follows:
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Alternate Item(s).
14. Revise the heading for section
852.214–73 to read as follows:
§ 852.223–70 Instructions to Offerors—
Sustainable Acquisition Plan.
§ 852.214–73
Packing.
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26. Revise the heading for section
852.223–71 to read as follows:
Alternate Packaging and
15. Revise the heading for section
852.214–74 to read as follows:
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§ 852.214–74
37. Revise the heading for section
852.236–92 to read as follows:
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§ 852.236–92 Notice to Bidders—Additive
or Deductive Bid Line Items.
38. Revise the heading for section
852.237–70 to read as follows:
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§ 852.214–72
§ 852.236–90 Restriction on Submission
and Use of Equal Products.
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Technical Industry
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§ 852.214–71
Item(s).
36. Revise the heading for section
852.236–90 to read as follows:
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22. Revise the heading for section
852.219–10 to read as follows:
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§ 852.211–70 Equipment Operation and
Maintenance Manuals.
§ 852.211–72
Standards.
§ 852.236–80 Subcontracts and Work
Coordination.
§ 852.223–71
§ 852.228–70
16. Revise the heading for section
852.216–71 to read as follows:
Bond Premium Adjustment.
28. Revise the heading for section
852.228–72 to read as follows:
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§ 852.216–71 Economic Price Adjustment
of Contract Price(s) Based on a Price Index.
17. Revise the heading for section
852.216–72 to read as follows:
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§ 852.228–72 Assisting Service-Disabled
Veteran-Owned and Veteran-Owned Small
Businesses in Obtaining Bonds.
29. Revise the heading for section
852.228–73 to read as follows:
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§ 852.216–72 Proportional Economic Price
Adjustment of Contract Price(s) Based on a
Price Index.
18. Revise the heading for section
852.216–73 to read as follows:
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§ 852.228–73 Indemnification of
Contractor—Hazardous Research Projects.
30. Revise the heading for section
852.232–72 to read as follows:
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§ 852.216–73 Economic Price
Adjustment—State Nursing Home Care for
Veterans.
§ 852.237–71 Nonsmoking Policy for
Children’s Services.
40. Revise the heading for section
852.237–72 to read as follows:
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§ 852.237–72 Crime Control Act—
Reporting of Child Abuse.
41. Revise the heading for section
852.237–73 to read as follows:
27. Revise the heading for section
852.228–70 to read as follows:
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39. Revise the heading for section
852.237–71 to read as follows:
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Safety and Health.
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Marking of Bid Samples.
§ 852.237–70 Indemnification and Medical
Liability Insurance.
§ 852.232–72 Electronic Submission of
Payment Requests.
§ 852.237–73 Crime Control Act—
Requirement for Background Checks.
42. Revise the heading for section
852.237–74 to read as follows:
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§ 852.237–74 Non-discrimination in
Service Delivery.
43. Revise the heading for section
852.237–75 to read as follows:
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§ 852.237–75
Key Personnel.
44. Revise the heading for section
852.237–76 to read as follows:
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§ 852.237–76
Award to Single Offeror.
45. Revise the heading for section
852.241–70 to read as follows:
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§ 852.241–70
Disputes—Utility Contracts.
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19. Revise the heading for section
852.216–74 to read as follows:
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31. Revise the heading for section
852.233–70 to read as follows:
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§ 852.216–74 Economic Price
Adjustment—Medicaid Labor Rates.
§ 852.233–70 Protest Content/Alternative
Dispute Resolution.
§ 852.243–70 Construction Contract
Changes—Supplement.
32. Revise the heading for section
852.233–71 to read as follows:
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§ 852.233–71
§ 852.246–71
20. Amend section 852.216–75 by
revising the section heading,
introductory text, and clause heading to
read as follows:
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§ 852.216–75 Economic Price
Adjustment—Fuel Surcharge.
As prescribed in 816.203–4(e)(5),
insert the following clause:
Economic Price Adjustment—Fuel
Surcharge (Nov 2021)
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21. Revise the heading for section
852.219–9 to read as follows:
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Alternate Protest Procedure.
46. Revise the heading for section
852.243–70 to read as follows:
47. Revise the heading for section
852.246–71 to read as follows:
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33. Revise the heading for section
852.236–71 to read as follows:
■
§ 852.236–71 Specifications and Drawings
for Construction.
§ 852.246–72
34. Revise the heading for section
852.236–79 to read as follows:
■
§ 852.236–79
Report.
Contractor Production
35. Revise the heading for section
852.236–80 to read as follows:
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Rejected Goods.
48. Revise the heading for section
852.246–72 to read as follows:
Frozen Processed Foods.
49. Revise the heading for section
852.246–73 to read as follows:
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§ 852.246–73 Noncompliance with
Packaging, Packing, and/or Marking
Requirements.
50. Revise the heading for section
852.246–75 to read as follows:
■
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§ 852.246–75 Warranty of Construction—
Guarantee Period Services.
§ 853.236–72 VA Form 10101, Contractor
Production Report.
51. Revise the heading for section
852.246–76 to read as follows:
VA Form 10101 is prescribed for use
by contractors to submit required
information to the resident engineer, as
specified in 836.7001(c).
■
§ 852.246–76
Purchase of Shellfish.
52. Revise the heading for section
852.247–71 to read as follows:
■
§ 852.247–71
[FR Doc. 2021–20921 Filed 9–30–21; 8:45 am]
BILLING CODE 8320–01–P
Delivery Location.
53. Revise the heading for section
852.247–72 to read as follows:
DEPARTMENT OF VETERANS
AFFAIRS
§ 852.247–72
48 CFR Parts 852 and 871
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Marking Deliverables.
54. Revise the heading for section
852.247–73 to read as follows:
RIN 2900–AQ76
§ 852.247–73
Shipment.
VA Acquisition Regulation: Loan
Guaranty and Vocational Rehabilitation
and Employment Programs
■
Packing for Domestic
55. Revise the heading for section
852.252–70 to read as follows:
■
ACTION:
§ 852.252–70 Solicitation Provisions or
Clauses Incorporated by Reference.
56. Revise the heading for section
852.270–1 to read as follows:
§ 852.270–1 Representatives of
Contracting Officers.
PART 853—FORMS
57. The authority citation for part 853
is revised to read as follows:
■
Authority: 40 U.S.C. 121(c); 41 U.S.C.
1702; and 48 CFR 1.301 through 1.304.
58. Revise subpart 853.2 to read as
follows:
■
Subpart 853.2—Prescription of Forms
§ 853.236 Construction and architectengineer contracts.
§ 853.236–70 VA Form 6298, ArchitectEngineer Fee Proposal.
§ 853.236–71 VA Form 2138, Order for
Supplies or Services (Including Task Orders
for Construction or A–E Services).
§ 853.236–72 VA Form 10101, Contractor
Production Report.
Subpart 853.2—Prescription of Forms
§ 853.236 Construction and architectengineer contracts.
§ 853.236–70 VA Form 6298, ArchitectEngineer Fee Proposal.
VA Form 6298 is prescribed for use by
contractors to submit proposals, as
specified in 836.7001(a).
§ 853.236–71 VA Form 2138, Order for
Supplies or Services (Including Task Orders
for Construction or A–E Services).
VA Form 2138 is prescribed for use to
order supplies or services, including
task orders for construction or A–E
services, as specified in 836.7001(b).
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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. This rulemaking
revises VAAR coverage concerning Loan
Guaranty and Vocational Rehabilitation
and Employment Programs, as well as
an affected part concerning Solicitation
Provisions and Contract Clauses.
DATES: This rule is effective on
November 1, 2021.
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
number.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
■
VerDate Sep<11>2014
Department of Veterans Affairs.
Final rule.
AGENCY:
Background
On June 30, 2020, VA published a
proposed rule in the Federal Register
(85 FR 39151) which announced VA’s
intent to amend regulations for VAAR
Case RIN 2900–AQ76 (parts 852 and
871). VA provided a 60-day comment
period for the public to respond to the
proposed rule and submit comments.
The comment period for the proposed
rule ended on August 31, 2020, and VA
received no comments. This rule adopts
as a final rule, with two technical nonsubstantive changes to the proposed
rule published in the Federal Register
on June 30, 2020.
These changes seek to align the VAAR
with the FAR and remove outdated and
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54405
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, will
publish them in the Federal Register.
Technical Non-Substantive Changes to
the Proposed Rule
VA is removing proposed section
871.209, Records and reports. VA has
determined this section is unnecessary
and no information collection
requirements are required under subpart
871.2. Any records and reports
requirements related to Veterans
training are captured under other
existing Veterans Benefits
Administration policy and information
collection requirements unrelated to
this text or are covered by standard
record keeping requirements and
retention periods as set forth in FAR
subpart 4.7. Accordingly, VA has
renumbered the remaining proposed
sections to 871.209, Prohibition on
advertising—training of Veterans (from
871.209), and 871.210, Contract clauses
(from 871.211), a result of this removal.
VA has updated the Table of Contents
in subpart 817.2 to reflect the above
removals and renumbering.
Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity). E.O.
13563 (Improving Regulation and
Regulatory Review) emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. The Office of Information
and Regulatory Affairs has determined
that this rule is not a significant
regulatory action under Executive Order
12866. The Regulatory Impact Analysis
associated with this rulemaking can be
found as a supporting document at
www.regulations.gov.
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) that require
approval by the Office of Management
and Budget (OMB).
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]]>Agencies
[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54402-54405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20921]
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DEPARTMENT OF VETERANS AFFAIRS
48 CFR Parts 802, 852, and 853
RIN 2900-AR30
VA Acquisition Regulation: Definitions, Solicitation Provisions
and Contract Clauses, and Forms
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This final rule amends the Veterans Affairs Acquisition
Regulation (VAAR) to provide needed editorial changes. VA is publishing
a technical amendment to make minor administrative corrections in the
definitions, clauses, provisions and forms, and to remove duplicate or
outdated definitions associated with the previously published rules.
DATES: This rule is effective on November 1, 2021.
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 number.)
SUPPLEMENTARY INFORMATION:
Background
The purpose of this rule is to make minor final revisions and edits
to three completed parts that are necessary to conform with FAR writing
style, standard Government publication formats and drafting standards.
VA is updating these parts to ensure standardization in titles with FAR
drafting principles, as well as to update any VA organizational changes
subsequent to the final rules. In particular, this rulemaking makes
technical administrative amendments to part 802, Definitions; part 852,
Solicitation Provisions and Contract Clauses; and part 853, Forms.
The three parts addressed in this action have been reviewed and
revised as affected parts during the course of the VAAR rewrite
project. This is, therefore, a technical, non-substantive change to the
texts of these three parts to ensure conformity with those standards.
Discussion and Analysis
Technical corrections include the following:
a. For part 802:
(1) Section 802.101 is amended to revise the definition for the
Chief Acquisition Officer; the definition for COTR has been removed;
the definition for COR has been added to reflect the current use of
COR; the definitions for HCA and SPE have been revised to reflect the
current organization structure of VA, and to update the website listed
for Vendor Information Pages (VIP) has been updated.
(2) Section 802.101 is also amended to delete the following
definitions: Deputy Senior Procurement Executive (DSPE) and Resident
Engineer. The DSPE role is currently inactive at the VA and the current
definition for ``Resident Engineer'' is inaccurate and unnecessary.
b. For part 852:
(1) Section 852.101 is redesignated as section 852.101-70 to
conform with the VAAR numbering convention.
(2) Section 852.102 is amended to correct the word ``chapter''
because it was misspelled and to update website addresses in paragraphs
(e) and (f) that have since changed.
(3) Subpart 852.2 is amended to capitalize all the major words in
the section titles of the provisions and clauses.
(4) Section 852.216-75 is amended to delete the word ``clause'' in
the title and to capitalize the major words in the title of the clause.
c. For part 853:
(1) Subpart 853.2 is amended to remove section 853.201 and section
853.201-1 as they include references to the ``VA Contracting Officer
Certification Program'' which no longer exists.
(2) Subpart 853.2 is amended to remove section 853.215 and section
853.215-70 as they are no longer referenced within the VAAR.
(3) Amend Section 853.236 as well as sections 853.236-70, 853.236-
71, and 853.236-72 to standardize the format and style convention.
(4) Amend subpart 853.2 to remove sections 853.271-1 and 853.271-2
as this coverage is no longer needed in the VAAR as the authority to
perform the functions outlined in these sections are established by
other provisions of law.
Notice and Comment
This rule makes administrative changes that do not require notice
and comment procedures, consistent with 41 U.S.C. 1707, 48 CFR 1.301,
and related authority. The changes will not have a significant effect
on any party and will not have a significant cost or administrative
impact on contractors or offerors.
Executive Orders 12866 and 13563
Executive Order 12866--Regulatory Planning and Review directs
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation
[[Page 54403]]
is necessary, to select regulatory approaches that maximize net
benefits (including potential economic, environmental, public health
and safety effects, distributive impacts, and equity). Executive Order
13563--Improving Regulation and Regulatory Review emphasizes the
importance of quantifying both costs and benefits, of reducing costs,
of harmonizing rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has determined that this
rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule would 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 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. Therefore, pursuant to 5 U.S.C. 605(b), the initial and final
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do
not apply.
Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require approval by the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
List of Subjects
48 CFR Part 802
Government procurement.
48 CFR Part 852
Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 853
Government procurement.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on September 3, 2021, 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.
Luvenia Potts,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, VA amends 48 CFR parts
802, 852, and 853 as set forth below.
PART 802--DEFINITIONS OF WORDS AND TERMS
0
1. The authority citation for part 802 continues 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 802.1--Definitions
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2. Amend section 802.101 by:
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a. Revising the definition for ``Chief Acquisition Officer;''
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b. Adding the definition for ``COR'' in alphabetical order;
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c. Removing the definitions for ``COTR'' and ``DSPE;''
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d. Revising the definition for ``HCA;''
0
e. Removing the definition for ``Resident Engineer;'' and
0
f. Revising the definitions for ``SPE'' and ``Vendor Information Pages
(VIP).''
The addition and revisions read as follows:
Sec. 802.101 Definitions.
* * * * *
Chief Acquisition Officer (CAO) means the Principal Executive
Director, Office of Acquisition, Logistics, and Construction.
COR means Contracting Officer's Representative.
* * * * *
HCA means the Head of the Contracting Activity, an individual
appointed in writing by the SPE.
* * * * *
SPE means the Senior Procurement Executive who is also the
Executive Director, Office of Acquisition and Logistics. The SPE is
responsible for the management direction of the VA acquisition system.
* * * * *
Vendor Information Pages (VIP) means the VetBiz.va.gov VIP database
at https://www.vetbiz.va.gov/vip/.
* * * * *
PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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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 through 1.304.
Subpart 852.1--Instructions for Using Provisions and Clauses
Sec. 852.101 [Redesignated as 852.101-70]
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4. Redesignate section 852.101 as section 852.101-70.
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5. Amend section 852.102 by revising the first sentence of paragraph
(b) and paragraphs (e) and (f) to read as follows:
Sec. 852.102 Incorporating provisions and clauses.
* * * * *
(b) For any FAR or 48 CFR chapter 8 (VAAR) provision or clause that
requires completion by the contracting officer, the contracting officer
shall, as a minimum, insert the title of the provision or clause and
the paragraph that requires completion in full text in the quotation,
solicitation, or contract. * * *
* * * * *
(e) If one or more FAR provisions or clauses, or portions thereof,
are incorporated in a quotation, solicitation, or contract by
reference, the contracting officer shall insert in the FAR provision or
clause required by paragraph (c) or (d) of this section the following
internet address: https://www.acquisition.gov/browse/index/far.
(f) If one or more 48 CFR chapter 8 (VAAR) provisions or clauses,
or portions thereof, are incorporated in a quotation, solicitation, or
contract by reference, the contracting officer shall insert in the FAR
provision or clause required by paragraph (c) or (d) of this section
the following internet address: https://www.acquisition.gov/vaar.
Subpart 852.2--Text of Provisions and Clauses
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6. Revise the heading for section 852.203-70 to read as follows:
Sec. 852.203-70 Commercial Advertising.
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7. Revise the heading for section 852.204-70 to read as follows:
Sec. 852.204-70 Personal Identity Verification of Contractor
Personnel.
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8. Revise the heading for section 852.207-70 to read as follows:
Sec. 852.207-70 Report of Employment under Commercial Activities.
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9. Revise the heading for section 852.209-70 to read as follows:
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Sec. 852.209-70 Organizational Conflicts of Interest.
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10. Revise the heading for section 852.211-70 to read as follows:
Sec. 852.211-70 Equipment Operation and Maintenance Manuals.
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11. Revise the heading for section 852.211-72 to read as follows:
Sec. 852.211-72 Technical Industry Standards.
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12. Revise the heading for section 852.214-71 to read as follows:
Sec. 852.214-71 Restrictions on Alternate Item(s).
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13. Revise the heading for section 852.214-72 to read as follows:
Sec. 852.214-72 Alternate Item(s).
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14. Revise the heading for section 852.214-73 to read as follows:
Sec. 852.214-73 Alternate Packaging and Packing.
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15. Revise the heading for section 852.214-74 to read as follows:
Sec. 852.214-74 Marking of Bid Samples.
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16. Revise the heading for section 852.216-71 to read as follows:
Sec. 852.216-71 Economic Price Adjustment of Contract Price(s) Based
on a Price Index.
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17. Revise the heading for section 852.216-72 to read as follows:
Sec. 852.216-72 Proportional Economic Price Adjustment of Contract
Price(s) Based on a Price Index.
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18. Revise the heading for section 852.216-73 to read as follows:
Sec. 852.216-73 Economic Price Adjustment--State Nursing Home Care
for Veterans.
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19. Revise the heading for section 852.216-74 to read as follows:
Sec. 852.216-74 Economic Price Adjustment--Medicaid Labor Rates.
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20. Amend section 852.216-75 by revising the section heading,
introductory text, and clause heading to read as follows:
Sec. 852.216-75 Economic Price Adjustment--Fuel Surcharge.
As prescribed in 816.203-4(e)(5), insert the following clause:
Economic Price Adjustment--Fuel Surcharge (Nov 2021)
* * * * *
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21. Revise the heading for section 852.219-9 to read as follows:
Sec. 852.219-9 VA Small Business Subcontracting Plan Minimum
Requirements.
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22. Revise the heading for section 852.219-10 to read as follows:
Sec. 852.219-10 VA Notice of Total Service-Disabled Veteran-Owned
Small Business Set-Aside.
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23. Revise the heading for section 852.219-11 to read as follows:
Sec. 852.219-11 VA Notice of Total Veteran-Owned Small Business Set-
Aside.
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24. Revise the heading for section 852.222-70 to read as follows:
Sec. 852.222-70 Contract Work-Hours and Safety Standards--Nursing
Home Care for Veterans.
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25. Revise the heading for section 852.223-70 to read as follows:
Sec. 852.223-70 Instructions to Offerors--Sustainable Acquisition
Plan.
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26. Revise the heading for section 852.223-71 to read as follows:
Sec. 852.223-71 Safety and Health.
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27. Revise the heading for section 852.228-70 to read as follows:
Sec. 852.228-70 Bond Premium Adjustment.
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28. Revise the heading for section 852.228-72 to read as follows:
Sec. 852.228-72 Assisting Service-Disabled Veteran-Owned and Veteran-
Owned Small Businesses in Obtaining Bonds.
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29. Revise the heading for section 852.228-73 to read as follows:
Sec. 852.228-73 Indemnification of Contractor--Hazardous Research
Projects.
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30. Revise the heading for section 852.232-72 to read as follows:
Sec. 852.232-72 Electronic Submission of Payment Requests.
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31. Revise the heading for section 852.233-70 to read as follows:
Sec. 852.233-70 Protest Content/Alternative Dispute Resolution.
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32. Revise the heading for section 852.233-71 to read as follows:
Sec. 852.233-71 Alternate Protest Procedure.
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33. Revise the heading for section 852.236-71 to read as follows:
Sec. 852.236-71 Specifications and Drawings for Construction.
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34. Revise the heading for section 852.236-79 to read as follows:
Sec. 852.236-79 Contractor Production Report.
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35. Revise the heading for section 852.236-80 to read as follows:
Sec. 852.236-80 Subcontracts and Work Coordination.
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36. Revise the heading for section 852.236-90 to read as follows:
Sec. 852.236-90 Restriction on Submission and Use of Equal Products.
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37. Revise the heading for section 852.236-92 to read as follows:
Sec. 852.236-92 Notice to Bidders--Additive or Deductive Bid Line
Items.
0
38. Revise the heading for section 852.237-70 to read as follows:
Sec. 852.237-70 Indemnification and Medical Liability Insurance.
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39. Revise the heading for section 852.237-71 to read as follows:
Sec. 852.237-71 Nonsmoking Policy for Children's Services.
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40. Revise the heading for section 852.237-72 to read as follows:
Sec. 852.237-72 Crime Control Act--Reporting of Child Abuse.
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41. Revise the heading for section 852.237-73 to read as follows:
Sec. 852.237-73 Crime Control Act--Requirement for Background
Checks.
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42. Revise the heading for section 852.237-74 to read as follows:
Sec. 852.237-74 Non-discrimination in Service Delivery.
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43. Revise the heading for section 852.237-75 to read as follows:
Sec. 852.237-75 Key Personnel.
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44. Revise the heading for section 852.237-76 to read as follows:
Sec. 852.237-76 Award to Single Offeror.
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45. Revise the heading for section 852.241-70 to read as follows:
Sec. 852.241-70 Disputes--Utility Contracts.
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46. Revise the heading for section 852.243-70 to read as follows:
Sec. 852.243-70 Construction Contract Changes--Supplement.
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47. Revise the heading for section 852.246-71 to read as follows:
Sec. 852.246-71 Rejected Goods.
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48. Revise the heading for section 852.246-72 to read as follows:
Sec. 852.246-72 Frozen Processed Foods.
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49. Revise the heading for section 852.246-73 to read as follows:
Sec. 852.246-73 Noncompliance with Packaging, Packing, and/or
Marking Requirements.
0
50. Revise the heading for section 852.246-75 to read as follows:
[[Page 54405]]
Sec. 852.246-75 Warranty of Construction--Guarantee Period Services.
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51. Revise the heading for section 852.246-76 to read as follows:
Sec. 852.246-76 Purchase of Shellfish.
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52. Revise the heading for section 852.247-71 to read as follows:
Sec. 852.247-71 Delivery Location.
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53. Revise the heading for section 852.247-72 to read as follows:
Sec. 852.247-72 Marking Deliverables.
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54. Revise the heading for section 852.247-73 to read as follows:
Sec. 852.247-73 Packing for Domestic Shipment.
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55. Revise the heading for section 852.252-70 to read as follows:
Sec. 852.252-70 Solicitation Provisions or Clauses Incorporated by
Reference.
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56. Revise the heading for section 852.270-1 to read as follows:
Sec. 852.270-1 Representatives of Contracting Officers.
PART 853--FORMS
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57. The authority citation for part 853 is revised to read as follows:
Authority: 40 U.S.C. 121(c); 41 U.S.C. 1702; and 48 CFR 1.301
through 1.304.
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58. Revise subpart 853.2 to read as follows:
Subpart 853.2--Prescription of Forms
Sec. 853.236 Construction and architect-engineer contracts.
Sec. 853.236-70 VA Form 6298, Architect-Engineer Fee Proposal.
Sec. 853.236-71 VA Form 2138, Order for Supplies or Services
(Including Task Orders for Construction or A-E Services).
Sec. 853.236-72 VA Form 10101, Contractor Production Report.
Subpart 853.2--Prescription of Forms
Sec. 853.236 Construction and architect-engineer contracts.
Sec. 853.236-70 VA Form 6298, Architect-Engineer Fee Proposal.
VA Form 6298 is prescribed for use by contractors to submit
proposals, as specified in 836.7001(a).
Sec. 853.236-71 VA Form 2138, Order for Supplies or Services
(Including Task Orders for Construction or A-E Services).
VA Form 2138 is prescribed for use to order supplies or services,
including task orders for construction or A-E services, as specified in
836.7001(b).
Sec. 853.236-72 VA Form 10101, Contractor Production Report.
VA Form 10101 is prescribed for use by contractors to submit
required information to the resident engineer, as specified in
836.7001(c).
[FR Doc. 2021-20921 Filed 9-30-21; 8:45 am]
BILLING CODE 8320-01-P
