83 FR 14833 - Revise and Streamline VA Acquisition Regulation-Parts 844 and 845
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 83, Issue 67 (April 6, 2018)
Federal Register Volume 83, Issue 67 (April 6, 2018)
| Page Range | 14833-14836 | |
| FR Document | 2018-04004 |
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)] [Proposed Rules] [Pages 14833-14836] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04004] ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 48 CFR Parts 844 and 845 RIN 2900-AQ05 Revise and Streamline VA Acquisition Regulation--Parts 844 and 845 AGENCY: Department of Veterans Affairs. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy that has been superseded by changes in the Federal Acquisition Regulation (FAR), to remove any procedural guidance that is internal to the VA into the VA Acquisition Manual (VAAM), and to incorporate new regulations or policies. These changes seek to streamline and align the VAAR with the FAR and remove outdated and duplicative requirements and reduce burden on contractors.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, we'll publish them in the Federal Register. VA will combine related topics, as appropriate. In particular, this rulemaking revises VAAR Parts 844--Subcontracting Policies and Procedures, and Part 845--Government Property. DATES: Comments must be received on or before June 5, 2018 to be considered in the formulation of the final rule. ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or hand-delivery to Director, Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue NW, Room 1063B, Washington, DC 20420; or by fax to (202) 273-9026. Comments should indicate that they are submitted in response to ``RIN 2900-AQ05--Revise and Streamline VA Acquisition Regulation Parts 844 and 845).'' Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461-4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Rafael 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 telephone number.) SUPPLEMENTARY INFORMATION: Background This rulemaking is issued under the authority of the Office of Federal Procurement Policy (OFPP) Act, which provides the authority for an agency head to issue agency acquisition regulations that implement or supplement the FAR. VA is proposing to revise the VAAR to add new policy or regulatory requirements and to remove any redundant guidance and guidance that is applicable only to VA's internal operating processes or procedures. Codified acquisition regulations may be amended and revised only through rulemaking. All amendments, revisions, and removals have been reviewed and concurred with by VA's Integrated Product Team of agency stakeholders. The VAAR uses the regulatory structure and arrangement of the FAR and headings and subject areas are consistent with FAR content. The VAAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections. The Office of Federal Procurement Policy Act, as codified in 41 U.S.C. 1707, provides the authority for the Federal Acquisition Regulation and for the issuance of agency acquisition regulations consistent with the FAR. When Federal agencies acquire supplies and services using appropriated funds, the purchase is governed by the FAR, set forth at Title 48 Code of Federal Regulations (CFR), chapter 1, parts 1 through 53, and the agency regulations that implement and supplement the FAR. The VAAR is set [[Page 14834]] forth at Title 48 CFR, chapter 8, parts 801 to 873. Discussion and Analysis The VA proposes to make the following changes to the VAAR in this phase of its revision and streamlining initiative. For procedural guidance cited below that is proposed to be deleted from the VAAR, each section cited for removal has been considered for inclusion in VA's internal agency operating procedures in accordance with FAR 1.301(a)(2). Similarly, delegations of authorities that are removed from the VAAR will be included in the VA Acquisition Manual (VAAM) as internal agency guidance. The VAAM is being created in parallel with these revisions to the VAAR and is not subject to the rulemaking process as they are internal VA procedures and guidance. Therefore, the VAAM will not be finalized until corresponding VAAR parts are finalized, and is not yet available on line. VAAR Part 844--Subcontracting Policies and Procedures We propose to add part 844 to the VAAR. The authorities to be cited are: 40 U.S.C. 121(c) and 41 U.S.C. 1702, which address the overall direction of procurement policy, acquisition planning and management responsibilities of VA's Chief Acquisition Officer; and 48 CFR 1.301- 1.304, which is the delegation of authority for agencies to issue regulations that implement and supplement the FAR. This new part 844, Subcontracting Policies and Procedures, implements FAR part 44 by making public VA's additional requirements for providing its consent to subcontract, items that should be evaluated as a part of a Contractor's Purchasing Systems Review (CPSR), and establishing that contractors should determine whether subcontract items meet the FAR definition of a commercial item. Under this new part, we propose to add subpart 844.2, Consent to Subcontracts, and section 844.202-2, Considerations. We propose to add one paragraph to this section, (a)(14), which would require, before a contracting officer consents to a subcontract where other than the lowest price is the basis for selection, that the contractor has substantiated the selection as being fair, reasonable, and representing the best value to the Government. We propose to add subpart 844.3, Contractor's Purchasing Systems Reviews, and section 844.303, Extent of review. We included three paragraphs to this section, paragraphs (f), (l), and (m). The paragraphs included in this section would require that contractor purchasing system reviews focus special attention, respectively, on: Policies and procedures pertaining to the use of VA-verified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and Veteran- Owned Small Businesses (VOSBs) and utilization in accordance with subpart 819.70 and the Veterans First Contracting Program; Documentation of commercial item determinations to ensure compliance with the definition of ``commercial item'' in FAR 2.101; and For acquisitions involving electronic parts, whether the contractor has implemented a counterfeit electronic part detection and avoidance system to ensure that counterfeit electronic parts do not enter the supply chain. We propose to add subpart 844.4, Subcontracts for Commercial Items and Commercial Components, and section 844.402, Policy requirements. Under section 844.402, we add paragraph ``(a)(3)'' which would require that contractors determine whether a particular subcontract item meets the FAR definition of a commercial item. This requirement does not affect the contracting officer's responsibilities or determinations made under FAR 15.403-1(c)(3). VAAR Part 845--Government Property We propose to add subpart 845.4, Title to Government Property. The authorities to be cited are: 40 U.S.C. 121(c) which provides that the Administrator of the General Services Administration may prescribe regulations to carry out responsibilities under the Federal Property and Administrative Services subtitle of Title 40, and, additionally, that the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the prescribed regulations issued by the Administrator; and 41 U.S.C. 1702, which address the overall direction of procurement policy, acquisition planning and management responsibilities of VA's Chief Acquisition Officer; and 48 CFR 1.301-1.304, which is the delegation of authority for agencies to issue regulations that implement and supplement the FAR. We propose to add section 845.402, Title to contractor-acquired property (no text), and section, 845.402-70, Policy. This implements and supplements the FAR by addressing procedures for contractors to document their acquisition of property for use in the service of VA contracts; to address the transfer of title to the Government of contractor-acquired property; and to outline the procedures for the use of such property on a successor contract. This new section proposes the following: Paragraph (a) would provide that, for other than firm-fixed-price contracts, contractor-acquired property items not anticipated at time of contract award, or not otherwise specified for delivery on an existing line item, would be delivered to the Government on a contract line item. The value of that item would be recorded at the original purchase cost or best estimate. Paragraph (b) would provide that, upon delivery and acceptance by the Government of contractor-acquired property items, and when retained by the contractor for continued use under a successor contract, such items would become Government-furnished property (GFP). The items would be added to the successor contract as GFP by contract modification. Paragraph (c) would provide that individual contractor-acquired property items would be recorded in the contractor's property management system at the contractor's original purchase cost or best estimate. Paragraph (d) would provide that all other contractor inventory that is excess to the needs of the contract would be disposed of in accordance with FAR subpart 45.6. Effect of Rulemaking Title 48, Federal Acquisition Regulations System, Chapter 8, Department of Veterans Affairs, of the Code of Federal Regulations, as proposed to be revised by this rulemaking, would represent VA's implementation of its legal authority and publication of the Department of Veterans Affairs Acquisition Regulation (VAAR) for the cited applicable parts. Other than future amendments to this rule or governing statutes for the cited applicable parts, or as otherwise authorized by approved deviations or waivers in accordance with Federal Acquisition Regulation (FAR) subpart 1.4, Deviations from the FAR, and as implemented by VAAR subpart 801.4, Deviations from the FAR or VAAR, no contrary guidance or procedures would be authorized. All existing or subsequent VA guidance would be read to conform with the rulemaking if possible or, if not possible, such guidance would be superseded by this rulemaking as pertains to the cited applicable VAAR parts. [[Page 14835]] Executive Orders 12866, 13563 and 13771 Executive Orders (E.O.s) 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 not to be a significant regulatory action under E.O. 12866. VA's impact analysis can be found as a supporting document at http://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 http://www.va.gov/orpm by following the link for VA Regulations Published from FY 2004 Through Fiscal Year to Date. This proposed rule is not expected to be an E.O. 13771 regulatory action because this proposed rule is not significant under E.O. 12866. Paperwork Reduction Act This proposed rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). Regulatory Flexibility Act This proposed 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. The overall impact of the proposed rule would 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 is merely adding existing and current regulatory requirements to the VAAR and removing any guidance that is applicable only to VA's internal operation processes or procedures. VA estimates no cost impact to individual business would result from these rule updates. 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. On this basis, the proposed rule would not have an 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 regulatory action is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. 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 proposed rule would have no such effect on State, local, and tribal Governments or on the private sector. List of Subjects 48 CFR Part 844 Government procurement, Reporting and recordkeeping requirements. 48 CFR Part 845 Government procurement, Government property, 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 October 20, 2017, for publication. Dated: February 22, 2018. Consuela Benjamin, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. 0 For the reasons set out in the preamble, VA proposes to amend 48 CFR, chapter 8 by adding parts 844 and 845 to read as follows: PART 844--SUBCONTRACTING POLICIES AND PROCEDURES Sec. Subpart 844.2--Consent to Subcontracts 844.202-2 Considerations. Subpart 844.3--Contractors' Purchasing Systems Reviews 844.303 Extent of review. Subpart 844.4--Subcontracts for Commercial Items and Commercial Components 844.402 Policy requirements. Authority: 40 U.S.C. 121(c); 41 U.S.C. 1702 and 48 CFR 1.301- 1.304. Subpart 844-2--Consent to Subcontracts 844.202-2 Considerations. (a)(14) Where other than lowest price is the basis for subcontractor selection, has the contractor adequately substantiated the selection as being fair, reasonable, and representing the best value to the Government? Subpart 844.3--Contractors' Purchasing Systems Reviews 844.303 Extent of review. (f) Policies and procedures pertaining to the use of VA-verified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) and Veteran- Owned Small Businesses (VOSBs) and utilization in accordance with subpart 819.70 and the Veterans First Contracting Program. (l) Documentation of commercial item determinations to ensure compliance with the definition of ``commercial item'' in FAR 2.101; and (m) For acquisitions involving electronic parts, that the contractor has implemented a counterfeit electronic part detection and avoidance system to ensure that counterfeit electronic parts do not enter the supply chain. [[Page 14836]] Subpart 844.4--Subcontracts for Commercial Items and Commercial Components 844.402 Policy requirements. (a)(3) Determine whether a particular subcontract item meets the definition of a commercial item. This requirement does not affect the contracting officer's responsibilities or determinations made under FAR 15.403-1(c)(3). PART 845--GOVERNMENT PROPERTY Sec. Subpart 845.4--Title to Government Property 845.402 Title to contractor-acquired property. 845.402-70 Policy. Authority: 40 U.S.C. 121(c); 41 U.S.C. 1702 and 48 CFR 1.301- 1.304. Subpart 845.4--Title to Government Property 845.402 Title to contractor-acquired property. 845.402-70 Policy. (a) For other than firm-fixed-price contracts, contractor-acquired property items not anticipated at time of contract award, or not otherwise specified for delivery on an existing line item, shall, by means of a contract modification, be specified for delivery to the Government on an added contract line item. The value of such contractor-acquired property item shall be recorded at the original purchase cost. Unless otherwise noted by the contractor at the time of delivery to the Government, the placed-in-service date shall be the date of acquisition or completed manufacture, if fabricated. (b) Following delivery and acceptance by the Government of contractor-acquired property items, if these items are to be retained by the contractor for continued use under a successor contract, these items become Government-furnished property (GFP). The items shall be added to the successor contract as GFP by contract modification. (c) Individual contractor-acquired property items should be recorded in the contractor's property management system at the contractor's original purchase cost. (d) All other contractor inventory that is excess to the needs of the contract shall be disposed of in accordance with FAR subpart 45.6. [FR Doc. 2018-04004 Filed 4-5-18; 8:45 am] BILLING CODE 8320-01-P
![Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules 14833
(3) Include an original signed by the rehabilitation of eligible Veterans under Comments should indicate that they are
protester or the protester’s representative and 38 U.S.C. chapter 31, provided the submitted in response to ‘‘RIN 2900–
at least one copy; services meet the conditions in the AQ05—Revise and Streamline VA
(4) Set forth a detailed statement of the
following definitions: Acquisition Regulation Parts 844 and
legal and factual grounds of the protest,
including a description of resulting prejudice * * * * * 845).’’ Copies of comments received will
to the protester, and provide copies of (b) Special services or special courses. be available for public inspection in the
relevant documents; Special services or courses are those Office of Regulation Policy and
(5) Specifically request a ruling of the services or courses that VA requests that Management, Room 1063B, between the
individual upon whom the protest is served; are supplementary to those the hours of 8:00 a.m. and 4:30 p.m.,
(6) State the form of relief requested; and institution customarily provides for Monday through Friday (except
(7) Provide all information establishing the holidays). Please call (202) 461–4902 for
timeliness of the protest. similarly circumstanced non-Veteran
students and that the contracting officer an appointment. (This is not a toll-free
(b) Failure to comply with the above may
result in dismissal of the protest without considers to be necessary for the number.) In addition, during the
further consideration. rehabilitation of the trainee. comment period, comments may be
(c) Bidders/offerors and contracting officers [FR Doc. 2018–04003 Filed 4–5–18; 8:45 am]
viewed online through the Federal
are encouraged to use alternative dispute Docket Management System (FDMS) at
BILLING CODE 8320–01–P
resolution (ADR) procedures to resolve www.Regulations.gov.
protests at any stage in the protest process. FOR FURTHER INFORMATION CONTACT:
If ADR is used, the Department of Veterans
Affairs will not furnish any documentation in DEPARTMENT OF VETERANS Rafael Taylor, Senior Procurement
an ADR proceeding beyond what is allowed AFFAIRS Analyst, Procurement Policy and
by the Federal Acquisition Regulation. Warrant Management Services, 003A2A,
48 CFR Parts 844 and 845 425 I Street NW, Washington, DC 20001,
(End of Provision) (202) 382–2787. (This is not a toll-free
RIN 2900–AQ05
■ 7. Section 852.233–71 is revised to telephone number.)
read as follows: Revise and Streamline VA Acquisition SUPPLEMENTARY INFORMATION:
Regulation—Parts 844 and 845
852.233–71 Alternate Protest Procedure. Background
As prescribed in 833.106–70(b), insert AGENCY: Department of Veterans Affairs. This rulemaking is issued under the
the following provision: ACTION: Proposed rule. authority of the Office of Federal
Alternate Protest Procedure (Date) Procurement Policy (OFPP) Act, which
SUMMARY: The Department of Veterans provides the authority for an agency
(a) As an alternative to filing a protest with Affairs (VA) is proposing to amend and
the contracting officer, an interested party head to issue agency acquisition
update its VA Acquisition Regulation regulations that implement or
may file a protest by mail or electronically
with: Executive Director, Office of
(VAAR) in phased increments to revise supplement the FAR.
Acquisition and Logistics, Risk Management or remove any policy that has been VA is proposing to revise the VAAR
and Compliance Service (003A2C), superseded by changes in the Federal to add new policy or regulatory
Department of Veterans Affairs, 810 Vermont Acquisition Regulation (FAR), to requirements and to remove any
Avenue NW, Washington, DC 20420, Email: remove any procedural guidance that is redundant guidance and guidance that
EDProtests@va.gov. internal to the VA into the VA
(b) The protest will not be considered if the
is applicable only to VA’s internal
Acquisition Manual (VAAM), and to operating processes or procedures.
interested party has a protest on the same or incorporate new regulations or policies.
similar issue(s) pending with the contracting Codified acquisition regulations may be
These changes seek to streamline and amended and revised only through
officer.
align the VAAR with the FAR and rulemaking. All amendments, revisions,
(End of Provision) remove outdated and duplicative and removals have been reviewed and
requirements and reduce burden on concurred with by VA’s Integrated
PART 871—LOAN GUARANTY AND contractors. The VAAM incorporates
VOCATIONAL REHABILITATION AND Product Team of agency stakeholders.
portions of the removed VAAR as well The VAAR uses the regulatory
EMPLOYMENT PROGRAMS as other internal agency acquisition structure and arrangement of the FAR
■ 8. The authority citation for part 871 policy. VA will rewrite certain parts of and headings and subject areas are
is revised to read as follows: the VAAR and VAAM, and as VAAR consistent with FAR content. The VAAR
parts are rewritten, we’ll publish them is divided into subchapters, parts (each
Authority: 38 U.S.C. Chapter 31; 40 U.S.C. in the Federal Register. VA will
121(c); 41 U.S.C. 1121(c)(3); 41 U.S.C. 1702; of which covers a separate aspect of
and 48 CFR 1.301–1.304.
combine related topics, as appropriate. acquisition), subparts, sections, and
In particular, this rulemaking revises subsections.
Subpart 871.2—Vocational VAAR Parts 844—Subcontracting The Office of Federal Procurement
Rehabilitation and Employment Policies and Procedures, and Part 845— Policy Act, as codified in 41 U.S.C.
Service Government Property. 1707, provides the authority for the
DATES: Comments must be received on Federal Acquisition Regulation and for
■ 9. Amend section 871.201–1 by or before June 5, 2018 to be considered
revising the introductory text and the issuance of agency acquisition
in the formulation of the final rule. regulations consistent with the FAR.
paragraph (b) to read as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS
ADDRESSES: Written comments may be When Federal agencies acquire
871.201–1 Requirements for the use of submitted through supplies and services using
contracts. www.Regulations.gov; by mail or hand- appropriated funds, the purchase is
The costs for tuition, fees, books, delivery to Director, Regulation Policy governed by the FAR, set forth at Title
supplies, and other expenses are and Management (00REG), Department 48 Code of Federal Regulations (CFR),
allowable under a contract with an of Veterans Affairs, 810 Vermont chapter 1, parts 1 through 53, and the
institution, training establishment, or Avenue NW, Room 1063B, Washington, agency regulations that implement and
employer for the training and DC 20420; or by fax to (202) 273–9026. supplement the FAR. The VAAR is set
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Subpart 844.4—Subcontracts for DEPARTMENT OF THE INTERIOR Cajundome Blvd., Suite 400, Lafayette,
Commercial Items and Commercial LA; telephone 337–291–3113. Persons
Components Fish and Wildlife Service who use a telecommunications device
for the deaf (TDD) may call the Federal
844.402 Policy requirements. 50 CFR Part 17 Relay Service at 800–877–8339.
(a)(3) Determine whether a particular [Docket No. FWS–R4–ES–2018–0010; SUPPLEMENTARY INFORMATION:
subcontract item meets the definition of 4500030113] Previous Federal Actions
a commercial item. This requirement RIN 1018–BD06
does not affect the contracting officer’s On October 6, 2016, the Service,
responsibilities or determinations made under the authority of the Endangered
Endangered and Threatened Wildlife Species Act, as amended (‘‘Act’’; 16
under FAR 15.403–1(c)(3). and Plants; Section 4(d) Rule for U.S.C. 1531 et seq.), published in the
Louisiana Pinesnake Federal Register a proposed rule to add
PART 845—GOVERNMENT PROPERTY
AGENCY: Fish and Wildlife Service, the Louisiana pinesnake (Pituophis
Sec. Interior. ruthveni), a reptile from Louisiana and
Subpart 845.4—Title to Government ACTION: Proposed rule. Texas, as a threatened species to the List
Property of Endangered and Threatened Wildlife
SUMMARY: We, the U.S. Fish and (81 FR 69454). The List of Endangered
845.402 Title to contractor-acquired
property. Wildlife Service (Service), propose a and Threatened Wildlife is in title 50 of
845.402–70 Policy. rule under section 4(d) of the the Code of Federal Regulations in part
Endangered Species Act for the 17 (50 CFR 17.11(h)). The proposed
Authority: 40 U.S.C. 121(c); 41 U.S.C. Louisiana pinesnake (Pituophis listing rule had a 60-day comment
1702 and 48 CFR 1.301–1.304. period, ending on December 5, 2016.
ruthveni), a reptile from Louisiana and
Texas. This rule would provide Then, on October 6, 2017, the Service
Subpart 845.4—Title to Government
measures to protect the species. published in the Federal Register a
Property
DATES: We will accept comments document that reopened the comment
845.402 Title to contractor-acquired received or postmarked on or before period on the proposed rule and
property. May 7, 2018. Comments submitted announced that we were extending by 6
electronically using the Federal months the 1-year period for making a
845.402–70 Policy. final determination on the proposed
eRulemaking Portal (see ADDRESSES,
(a) For other than firm-fixed-price below) must be received by 11:59 p.m. rule to list the Louisiana pinesnake as
contracts, contractor-acquired property Eastern Time on the closing date. We a threatened species (82 FR 46748). In
items not anticipated at time of contract must receive requests for public accordance with section 4(b)(6)(A)(i)(III)
award, or not otherwise specified for hearings, in writing, at the address of the Act, this extension was based on
delivery on an existing line item, shall, shown in FOR FURTHER INFORMATION our finding that there was substantial
by means of a contract modification, be CONTACT by April 23, 2018.
disagreement regarding available
specified for delivery to the Government information related to the interpretation
ADDRESSES: You may submit comments
on an added contract line item. The of the available survey data used to
by one of the following methods: determine the Louisiana pinesnake’s
value of such contractor-acquired (1) Electronically: Go to the Federal
property item shall be recorded at the status and trends. The second comment
eRulemaking Portal: http:// period closed November 6, 2017. No
original purchase cost. Unless otherwise www.regulations.gov. In the Search box,
noted by the contractor at the time of public hearing was requested or held in
enter FWS–R4–ES–2018–0010, which is response to publication of these
delivery to the Government, the placed- the docket number for this rulemaking.
in-service date shall be the date of documents.
Then, click on the Search button. On the Elsewhere in this issue of the Federal
acquisition or completed manufacture, resulting page, in the Search panel on Register, we publish a final rule for the
if fabricated. the left side of the screen, under the 2016 proposed listing rule for the
(b) Following delivery and acceptance Document Type heading, click on the Louisiana pinesnake as a threatened
by the Government of contractor- Proposed Rules link to locate this species. For a complete list of previous
acquired property items, if these items document. You may submit a comment Federal actions related to this species as
are to be retained by the contractor for by clicking on ‘‘Comment Now!’’ well as information on its taxonomy,
continued use under a successor (2) By hard copy: Submit by U.S. mail habitat, life history, historical and
contract, these items become or hand-delivery to: Public Comments current distribution, population
Government-furnished property (GFP). Processing, Attn: FWS–R4–ES–2018– estimates and status, and a summary of
The items shall be added to the 0010, U.S. Fish and Wildlife Service, factors affecting the species, see that
successor contract as GFP by contract MS: BPHC, 5275 Leesburg Pike, Falls proposed rule (81 FR 69454, October 6,
modification. Church, VA 22041–3803. 2016).
We request that you send comments
(c) Individual contractor-acquired Background
only by the methods described above.
property items should be recorded in
We will post all comments on http:// The primary habitat feature that
the contractor’s property management
www.regulations.gov. This generally contributes to the conservation of the
system at the contractor’s original
daltland on DSKBBV9HB2PROD with PROPOSALS
means that we will post any personal Louisiana pinesnake is open-canopy
purchase cost.
information you provide us (see forest situated on well-drained sandy
(d) All other contractor inventory that Information Requested, below, for more soils with an abundant herbaceous plant
is excess to the needs of the contract information). community that provides forage for the
shall be disposed of in accordance with FOR FURTHER INFORMATION CONTACT: Baird’s pocket gopher (Geomys
FAR subpart 45.6. Joseph Ranson, Field Supervisor, U.S. breviceps), which is the snake’s primary
[FR Doc. 2018–04004 Filed 4–5–18; 8:45 am] Fish and Wildlife Service, Louisiana known source of food. In addition,
BILLING CODE 8320–01–P Ecological Services Office, 646 Baird’s pocket gopher burrows are the
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Document Created: 2018-11-01 09:15:39
Document Modified: 2018-11-01 09:15:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received on or before June 5, 2018 to be considered in the formulation of the final rule. | |
| Contact | Rafael 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 telephone number.) | |
| FR Citation | 83 FR 14833 | |
| RIN Number | 2900-AQ05 | |
| CFR Citation | 48
CFR
844 48 CFR 845 | |
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