83 FR 47097 - VA Acquisition Regulation: Subcontracting Policies and Procedures; Government Property
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 83, Issue 181 (September 18, 2018)
Federal Register Volume 83, Issue 181 (September 18, 2018)
| Page Range | 47097-47099 | |
| FR Document | 2018-20183 |
[Federal Register Volume 83, Number 181 (Tuesday, September 18, 2018)] [Rules and Regulations] [Pages 47097-47099] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20183] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 48 CFR Parts 844 and 845 RIN 2900-AQ05 VA Acquisition Regulation: Subcontracting Policies and Procedures; Government Property AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- [[Page 47098]] SUMMARY: 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(VA) is amending and updating its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the Federal Acquisition Regulation (FAR), to remove procedural guidance internal to VA into the VA Acquisition Manual (VAAM), and to incorporate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. These changes seek to streamline and align the VAAR with the FAR and remove outdated and duplicative requirements and reduce burden on contractors.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 will publish them in the Federal Register. In particular, this rulemaking revises VAAR concerning Subcontracting Policies and Procedures and Government Property. DATES: This rule is effective on October 18, 2018. 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: On April 6, 2018, VA published a proposed rule in the Federal Register (83 FR 14833) which announced VA's intent to amend regulations for VAAR Case RIN 2900-AQ05 (Parts 844 and 845). In particular, this final rule implements FAR part 44 by making public VA's additional requirements for providing its consent to subcontract, describes items that should be evaluated as a part of a contractor's purchasing system review and establishes that contractors should determine whether subcontract items meet the FAR definition of a commercial item and implements and supplements FAR part 45 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. 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 June 5, 2018 and VA received no comments. This document adopts as a final rule the proposed rule published in the Federal Register on April 6, 2018, with minor formatting and/or grammatical edits. 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 This final 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 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 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 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 businesses 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 final 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. 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 not an E.O. 13771 regulatory action because this rule is not significant 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. 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 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. Robert L. Wilkie, Secretary, Department of Veterans Affairs, approved this document on August 24, 2018, for publication. [[Page 47099]] Dated: September 12, 2018. Consuela Benjamin, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. 0 For the reasons set out in the preamble, VA amends 48 CFR 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. 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. 2018-20183 Filed 9-17-18; 8:45 am] BILLING CODE 8320-01-P
![Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations 47097
Radio facilities Fee amount
Carriers:
1. Interstate Telephone Service Providers (per interstate and international end-user revenues (see FCC Form $.00291.
499–A).
2. Toll Free Number Fee ......................................................................................................................................... $.10 per Toll Free Number.
■ 5. Section 1.1155 is revised to read as § 1.1155 Schedule of regulatory fees for
follows: cable television services.
1. Cable Television Relay Service ................................................................................................................................. $1,075.
2. Cable TV System, Including IPTV (per subscriber) ................................................................................................... $.77.
3. Direct Broadcast Satellite (DBS) ................................................................................................................................ $.48 per subscriber.
■ 6. Section 1.1156 is revised to read as § 1.1156 Schedule of regulatory fees for Stations. The following schedule
follows: international services. applies for the listed services:
(a) Geostationary Orbit (GSO) and
Non-Geostationary Orbit (NGSO) Space
Fee category Fee amount
Space Stations (Geostationary Orbit) .............................................................................................................................................. $127,850
Space Stations (Non-Geostationary Orbit) ...................................................................................................................................... 122,775
Earth Stations: Transmit/Receive & Transmit only (per authorization or registration) ................................................................... 325
(b) International Terrestrial and prior year in any terrestrial or satellite addition, whether circuits are used
Satellite. (1) Regulatory fees for transmission facility for the provision of specifically for voice or data is not
International Bearer Circuits are to be service to an end user or resale carrier, relevant in determining that they are
paid by facilities-based common carriers which includes active circuits to active circuits.
and non-common carrier basis that have themselves or to their affiliates. ‘‘Active (2) The fee amount on a per active
active (used or leased) international circuits’’ for these purposes include Gbps basis will be determined for each
bearer circuits as of December 31 of the backup and redundant circuits. In fiscal year.
International terrestrial and satellite (capacity as of December 31, 2017) Fee amount
Terrestrial Common Carrier ............................................................................................................................................ $176 per Gbps Circuit.
Terrestrial Non-Common Carrier.
Satellite Common Carrier.
Satellite Non-Common Carrier.
(c) Submarine cable. Regulatory fees for all submarine cable systems year. The fee amount will be determined
for submarine cable systems will be operating as of December 31 of the prior by the Commission for each fiscal year.
paid annually, per cable landing license,
Submarine cable systems (capacity as of Dec. 31, 2017) Fee amount
<50 Gbps ......................................................................................................................................................................................... $9,850
50 Gbps or greater, but less than 250 Gbps .................................................................................................................................. 19,725
250 Gbps or greater, but less than 1,000 Gbps ............................................................................................................................. 39,425
1,0000 Gbps or greater, but less than 4,000 Gbps ........................................................................................................................ 78,875
4,000 Gbps or greater ..................................................................................................................................................................... 157,750
■ 7. Section 1.1940(c) is revised to read costs as determined by the Commission. DEPARTMENT OF VETERANS
as follows: Commission administrative costs AFFAIRS
include the personnel and service costs
§ 1.1940 Assessment. (e.g., telephone, copier, and overhead) 48 CFR Parts 844 and 845
* * * * * to notify and collect the debt, without RIN 2900–AQ05
(c) The Commission shall assess regard to the success of such efforts by
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administrative costs incurred for the Commission. VA Acquisition Regulation:
processing and handling delinquent * * * * * Subcontracting Policies and
debts, unless otherwise prohibited by Procedures; Government Property
[FR Doc. 2018–19548 Filed 9–17–18; 8:45 am]
statute. The calculation of AGENCY: Department of Veterans Affairs.
BILLING CODE 6712–01–P
administrative costs may be based on
ACTION: Final rule.
actual costs incurred or upon estimated
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![Federal Register / Vol. 83, No. 181 / Tuesday, September 18, 2018 / Rules and Regulations 47099
Dated: September 12, 2018. does not affect the contracting officer’s DEPARTMENT OF COMMERCE
Consuela Benjamin, responsibilities or determinations made
Regulations Development Coordinator, Office under FAR 15.403–1(c)(3). National Oceanic and Atmospheric
of Regulation Policy & Management, Office Administration
of the Secretary, Department of Veterans PART 845—GOVERNMENT PROPERTY
Affairs. 50 CFR Part 679
Sec.
■ For the reasons set out in the [Docket No. 170817779–8161–02]
preamble, VA amends 48 CFR by adding Subpart 845.4—Title to Government
parts 844 and 845 to read as follows: Property RIN 0648–XG491
845.402 Title to contractor-acquired Fisheries of the Exclusive Economic
PART 844—SUBCONTRACTING
property. Zone Off Alaska; ‘‘Other Flatfish’’ in the
POLICIES AND PROCEDURES 845.402–70 Policy. Bering Sea and Aleutian Islands
Sec. Authority: 40 U.S.C. 121(c); 41 U.S.C. 1702 Management Area
Subpart 844.2—Consent to Subcontracts and 48 CFR 1.301–1.304.
AGENCY: National Marine Fisheries
844.202–2 Considerations.
Subpart 845.4—Title to Government Service (NMFS), National Oceanic and
Subpart 844.3—Contractors’ Purchasing Atmospheric Administration (NOAA),
Property
Systems Reviews Commerce.
844.303 Extent of review. 845.402 Title to contractor-acquired ACTION: Temporary rule; closure.
property.
Subpart 844.4—Subcontracts for SUMMARY: NMFS is prohibiting retention
Commercial Items and Commercial 845.402–70 Policy. of ‘‘other flatfish’’ in the Bering Sea and
Components Aleutian Islands management area
(a) For other than firm-fixed-price
844.402 Policy requirements. (BSAI). This action is necessary because
contracts, contractor-acquired property the 2018 ‘‘other flatfish’’ initial total
Authority: 40 U.S.C. 121(c); 41 U.S.C. 1702 items not anticipated at time of contract allowable catch (ITAC) in the BSAI has
and 48 CFR 1.301–1.304. award, or not otherwise specified for been reached.
delivery on an existing line item, shall, DATES: Effective 1200 hrs, Alaska local
Subpart 844.2—Consent to by means of a contract modification, be
Subcontracts time (A.l.t.), September 13, 2018,
specified for delivery to the Government through 2400 hrs, A.l.t., December 31,
844.202–2 Considerations. on an added contract line item. The 2018.
(a)(14) Where other than lowest price value of such contractor-acquired
FOR FURTHER INFORMATION CONTACT:
is the basis for subcontractor selection, property item shall be recorded at the
Steve Whitney, 907–586–7228.
has the contractor adequately original purchase cost. Unless otherwise
SUPPLEMENTARY INFORMATION: NMFS
substantiated the selection as being fair, noted by the contractor at the time of
delivery to the Government, the placed- manages the groundfish fishery in the
reasonable, and representing the best BSAI according to the Fishery
value to the Government? in-service date shall be the date of
Management Plan for Groundfish of the
acquisition or completed manufacture,
Bering Sea and Aleutian Islands
Subpart 844.3—Contractors’ if fabricated. Management Area (FMP) prepared by
Purchasing Systems Reviews (b) Following delivery and acceptance the North Pacific Fishery Management
844.303 Extent of review. by the Government of contractor- Council under authority of the
(f) Policies and procedures pertaining acquired property items, if these items Magnuson-Stevens Fishery
to the use of VA-verified Service- are to be retained by the contractor for Conservation and Management Act.
Disabled Veteran-Owned Small continued use under a successor Regulations governing fishing by U.S.
Businesses (SDVOSBs) and Veteran- contract, these items become vessels in accordance with the FMP
Owned Small Businesses (VOSBs) and Government-furnished property (GFP). appear at subpart H of 50 CFR part 600
utilization in accordance with subpart The items shall be added to the and 50 CFR part 679.
819.70 and the Veterans First successor contract as GFP by contract The 2018 ‘‘other flatfish’’ ITAC in the
Contracting Program; modification. BSAI is 3,400 metric tons (mt) as
(l) Documentation of commercial item established by the final 2018 and 2019
(c) Individual contractor-acquired harvest specifications for groundfish in
determinations to ensure compliance property items should be recorded in
with the definition of ‘‘commercial the BSAI (83 FR 8365, February 27,
the contractor’s property management 2018). In accordance with
item’’ in FAR 2.101; and
system at the contractor’s original § 679.20(d)(2), the Administrator,
(m) For acquisitions involving
purchase cost. Alaska Region, NMFS (Regional
electronic parts, that the contractor has
implemented a counterfeit electronic (d) All other contractor inventory that Administrator), has determined that the
part detection and avoidance system to is excess to the needs of the contract 2018 ‘‘other flatfish’’ ITAC in the Bering
ensure that counterfeit electronic parts shall be disposed of in accordance with Sea subarea of the BSAI has been
do not enter the supply chain. FAR subpart 45.6. reached. Therefore, NMFS is requiring
[FR Doc. 2018–20183 Filed 9–17–18; 8:45 am]
that ‘‘other flatfish’’ in the BSAI be
Subpart 844.4—Subcontracts for treated as prohibited species in
BILLING CODE 8320–01–P
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Commercial Items and Commercial accordance with § 679.21(b).
Components Classification
844.402 Policy requirements. This action responds to the best
(a)(3) Determine whether a particular available information recently obtained
subcontract item meets the definition of from the fishery. The Assistant
a commercial item. This requirement Administrator for Fisheries, NOAA
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Document Created: 2018-09-18 01:18:27
Document Modified: 2018-09-18 01:18:27
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on October 18, 2018. | |
| 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.) | |
| FR Citation | 83 FR 47097 | |
| RIN Number | 2900-AQ05 | |
| CFR Citation | 48
CFR
844 48 CFR 845 | |
| CFR Associated | Government Procurement; Reporting and Recordkeeping Requirements and Government Property |
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