(a) Veterans Administration Supply Catalog No. 3, section III, Index of Specifications, lists in addition to the Veterans Administration and Federal Specifications those military and departmental specifications that have been adopted by the Veterans Administration. The index lists the sources from which these specifications may be obtained and also establishes the segment of Supply Service that is responsible for their development, maintenance, and revision. These specifications will be used in all applicable transactions and will not be deviated from except as provided in this section.

(b) The monetary exemption to the use of Federal Specifications contained in FPR 1-1.305-2(b) is equally applicable to Veterans Administration, military and departmental specifications. Contracting officers may, when they deem it to be advantageous to the Veterans Administration, utilize these specifications when procuring supplies and equipment costing less than $10,000. However, when purchasing items of perishable subsistence, contracting officers shall observe only those exemptions set forth in paragraphs (f) and (g) of this section.

(c) When circumstances will not permit a field station to use a Veterans Administration specification without deviation, the contracting officer shall, prior to taking any procurement action, submit to the Director, Supply Service, or Director, VA Marketing Center, Hines Ill., whichever is appropriate, a request for authority to devi

ate from the specification. The request will specifically detail the reasons why the deviation is essential to the station's operation. The approving authority will coordinate the request with the using service in Central Office. The contracting officer will be advised as to the approval or disapproval of the request. If approved the letter of approval will be filed in the appropriate purchase or contract file.

(d) The Veterans Administration has adopted for use in the procurement of packinghouse products, the purchase descriptions and specifications set forth in the Institutional Meat Purchase Specifications (IMPS), and the IMPS General Requirements, which have been developed by the U.S. Department of Agriculture. Purchase descriptions and specifications for dairy products, poultry, eggs, fresh and frozen fruits and vegetables, as well as certain packinghouse products selected from the IMPS especially for Veterans Administration use, are contained in VAPR Program Guide G-1, Federal Hospital Perishable Subsistence Guide. A copy of this guide and the IMPS may be obtained from any Veterans Administration contracting offi

cer.

(e) Contract terms and conditions governing the procurement of subsistence items listed in VAPR Program Guide G-1 and IMPS are set forth in VA Form 10-1365. This form shall be attached to and made a part of each solicitation for such items when applicable.

(f) The military specifications for meat and meat products contained in VAPR Program Guide G-1 shall be used by the Veterans Administration only when purchasing such items of subsistence from the Defense Logistics Agency (DLA). Military specifications for poultry, eggs, and egg products contained in VAPR Program Guide G-1 may be used when purchasing either from DLA or from local dealers.

(g) Except as authorized in Subpart 8-14.1 of this chapter and VA Form 10-1365, contracting officers shall not deviate from the specifications contained in VAPR Program Guide G-1, and the IMPS without prior approval of the Director, Supply Service.

(h) Items of meat, cured pork and poultry, not listed in either the VAPR Program Guide G-1 or the IMPS, will not be purchased without prior approval of the Director, Supply Service.

(i) In the absence of mandatory documents, specifications or purchase descriptions of other agencies may be used by the various Marketing Divisions when appropriate. These specifications or purchase descriptions may be modified to meet the needs of the Veterans Administration. If repeated use of a modified specification or purchase description is required, the Director, VA Marketing Center shall consider converting it to a Veterans Administration specification.

(j) A field station may use a specification or purchase description of another agency without prior approval when the specification or description will, without modification, satisfy its needs. If, however, the specification or description must be modified to meet the station's needs, the procedure set forth in paragraph (c) of this section will be followed.

(k) The Director, Publications Service is responsible for developing, publishing, and distributing Veterans Administration specifications covering printing and binding.

(1) Veterans Administration specifications, as they are revised, are placed in stock in the Forms and Publications Depot. Station requirements of these specifications will be requisitioned from that source.

[36 FR 12215, June 29, 1971, as amended at 42 FR 28542, June 3, 1977]

§ 8-1.305-50 Government paper specification standards.

Invitations for bids, requests for proposals, purchase orders, or other procurement instruments covering the purchase of paper stocks to be used in duplicating or printing, or which specify the paper stocks to be used in buying printing, binding, or duplicating will require that such paper stocks be in accordance with the Government Paper Specification Standards issued by the Joint Committee on Printing of Congress.

[34 FR 12782, Aug. 6, 1969]

All binding procured from commercial sources will be in accordance with Veterans Administration Specification No. X-1350a.

(a) Type I binding will not be procured unless it has been administratively determined that Type II binding will not satisfy station requirements. The determination will be in writing and included in the purchase file.

(b) Type III, Lumspecs Binding, will be used for non-hard-use (occasional use) volumes, and the binding of forms and similar material.

[33 FR 6292, Apr. 23, 1968]

(c) Federal standards do not preclude the use of existing Government stocks or acceptance of excess property not in full conformity with the standard items.

[28 FR 2329, Mar. 12, 1963, as amended at 28 FR 11455, Oct. 25, 1963; 29 FR 15574, Nov. 30, 1964; 31 FR 15312, Dec. 7, 1966]

§ 8-1.307 Purchase descriptions. [33 FR 10931, Aug. 1, 1968]

§ 8-1.307-2 General requirements.

When a purchase description is used to describe required items of mechanical equipment, the invitation for bids or request for proposals will include the service data manual and guarantee clauses set forth in § 8-7.150-24. [33 FR 10931, Aug. 1, 1968]

descriptions will, in addition to the clause required by FPR 1-1.307-6, contain the service data manual and guarantee clauses set forth in § 8-7.150-24. [33 FR 10931, Aug. 1, 1968]

§ 8-1.311 Priorities, allocations, and allotments.

(a) Priorities, allocations, and allotments of critical materials are controlled by the Department of Commerce. Essentially such priorities, etc., are restricted to projects having a direct connection with supporting current defense needs. The Veterans' Administration does not possess and therefore, is not authorized to assign a priority rating to its purchase orders or contracts involving the acquisition or use of critical materials.

(b) In those instances where it has been technically established that it is not feasible to use a substitute material, the Department of Commerce has agreed to assist us in obtaining critical materials for maintenance and repair projects. They will also, where possible, render assistance in connection with the purchase of new items, which may be in short supply because of their use in connection with the defense effort.

(c) Contracting officers having problems in acquiring critical materials will ascertain all the facts necessary to enable the Department of Commerce to render assistance to the Veterans' Administration in acquiring, if possible, these materials. The contracting officer will submit a request for assistance containing the following information to the Chief Medical Director (134):

(1) A description of the maintenance and repair project, or, the new item, whichever is applicable.

(2) The critical material and the amount required.

(3) The contractor's source(s) of supply including address(es). If this source is other than the manufacturer or producer list the manufacturer or producer and address.

(4) The Veterans Administration contract or purchase order number.

(5) The contractor's purchase order number, if known, and the delivery time requirement as stated in the invitation or proposal.

(6) The additional time the contractor claims will be necessary to effect delivery if unable to get priority assist

ance.

(7) The extent of the emergency that will be generated at the station, e.g., (i) damage to the physical plant, (ii) impairment of the patient care program, (iii) creation of safety hazards and (iv) any other pertinent condition that will result because of failure to secure assistance in obtaining the critical materials.

(8) The item(s) required is for use in a construction contract which was authorized by the Assistant Administrator for Construction to be awarded and administered by the station contracting officer.

[32 FR 7267, May 16, 1967, as amended at 33 FR 10931, Aug. 1, 1968; 43 FR 6091, Feb. 13, 1978]

§ 8-1.315 Use of liquidated damages provisions in procurement contracts.

[34 FR 2309, Feb. 18, 1969]

§ 8-1.315-2 Policy.

Liquidated damages provisions will not be routinely included in supply or construction contracts, regardless of dollar amount. The decision to include liquidated damages provisions will conform to the criteria in FPR 1-1.315-2. In making this decision, consideration will be given as to whether the necessity for delivery or performance as stated in the contract schedule is so imperative that a probable increase in contract cost is justified. Liquidated damages provisions will not be included as insurance against selection of a nonresponsible bidder, as a substitute for efficient contract administration, nor as a penalty for failure to perform on time.

[34 FR 2309, Feb. 18, 1969]

§ 8-1.315-3 Contract provisions.

(a) Contracts for equipment, supplies, or services (other than construction). When a decision has been made to include liquidated damages provisions, the following clause will be inserted immediately following the clause required by FPR 1-1.315-3:

RATE OF LIQUIDATED DAMAGES

In the case of failure on the part of the Contractor to complete delivery or performance within the time fixed in the contract or any extension thereof, the Contractor will pay to the Government as liquidated damages, pursuant to Article 11(f) of Standard Form 32, General Provisions (Supply Contract) (as amended above), the sum of $-- 1 for each calendar day of delay.

(b) Contracts for construction. The clause contained in FPR 1-18.110(a) will be used when liquidated damages provisions are included in the invitation for bids.

(c) Partial performance and acceptance. When partial performance may be accepted and utilized to the advantage of the Government, a provision, substantially as follows, will be included in the invitation for bids:

If any unit of the work contracted for is accepted in advance of the whole, the rate of liquidated damages assessed will be in the ratio that the value of the unaccepted work bears to the total amount of the contract. If a separate price for unaccepted work has not been stated in the contractor's bid, determination of the value thereof will be made from a schedule of cost furnished by the Contractor and approved by the Contracting Officer, or as otherwise stated in the contract.

[34 FR 2309, Feb. 18, 1969]

§ 8-1.316 Time of delivery or performance. [28 FR 2329, Mar. 12, 1963]

§ 8-1.316-5 Time of delivery clauses.

When delivery is required by or on a particular date, the time of delivery clause set forth in FPR 1-1.316-5 as it relates to f.o.b. destination contracts will state the delivery date specified is the date by which shipment is to be delivered, not the shipping date. On f.o.b. origin contracts, the clause will state that the date specified is the date shipment is to be accepted by the carrier.

[37 FR 18729, Sept. 15, 1972]

§ 8-1.317 Noncollusive bids and proposals. (a) The head of a field station, Director, Veterans Administration Supply Depot, and the Director, Vet

'Insert the daily rate of liquidated damages.

erans Administration Marketing Center, Hines, Ill., are authorized to make the determinations set forth in paragraph (d) of the certification required by FPR 1-1.317(a).

(b) The Assistant Administrator for Construction, Manager, Administrative Services and the Director, Supply Service are authorized to make these determinations for the Central Office purchasing activities under their respective jurisdictions.

[32 FR 3772, Mar. 7, 1967, as amended at 42 FR 28542, June 3, 1977]

§ 8-1.318 Disputes clause. [34 FR 852, Jan. 18, 1969]

§ 8-1.318-1 Contracting officer's decision under a disputes clause.

(a) When a dispute cannot be settled by agreement and a final decision under the disputes clause of the contract is necessary, the contracting officer shall furnish the contractor his/ her final decision in the matter.

(b) The decision must be identified as a final decision, be in writing, and include a statement of facts in sufficient detail to enable the contractor to fully understand the decision and the basis on which it was made. It will normally be in the form of a statement of the claim or other description of the dispute with necessary references to the pertinent contract provisions. It will set forth those facts relevant to the dispute, with which the contractor and the contracting officer are in agreement and, as clearly as possible, the area of disagreement.

(c) The decision shall, in addition to the material required by FPR 1-1.3181 (a), contain the following:

The Veterans Administration Contract Appeals Board (VACAB) is the authorized representative of the Administrator for hearing and determining such disputes. The rules of the VACAB are published in § 1.774, Title 38, Code of Federal Regulations.

(d) The contracting officer's final decision will be forwarded to the contractor by certified mail, return receipt requested.

(e) An appeal must be mailed or otherwise furnished by the contractor within 30 days from the date the decision of the contracting officer is re

ceived. Any request for an extension of the 30-day appeal period will be denied by the contracting officer.

[34 FR 852, Jan. 18, 1969, as amended at 38 FR 4511, Feb. 15, 1973; 42 FR 28542, June 3, 1977]

§ 8-1.318-50 Forwarding of appeals.

When a notice of appeal in any form has been received by the contracting officer, that officer will endorse thereon the date of mailing (or date of receipt, if otherwise conveyed), and within 10 days will forward said original notice of appeal and a copy of the contracting officer's final decision letter to the Veterans' Administration Contract Appeals Board (VACAB). Copies of the notice of appeal and the final decision letter will be transmitted concurrently to the Director, Supply Service (134C), and Assistant General Counsel (025). (In cases of construction contracts administered by the Office of Construction, copies of appeal and final decision letter need not be transmitted to the Director, Supply Service.)

[43 FR 6091, Feb. 13, 1978]

Within 20 days of receipt of an appeal, or advice that an appeal has been filed, the contracting officer will assemble and transmit to the VACAB, through the Office of General Counsel (025), an appeal file consisting of all documents pertinent to the appeal, including:

(a) The decision and findings of fact from which the appeal is taken.

(b) The contract, including specifications and pertinent amendments,

plans and drawings.

(c) All correspondence between the parties pertinent to the appeal, including the letter or letters of claim in response to which decision was issued.

(d) Transcripts of any testimony taken during the course of proceedings, and affidavits or statements of any witnesses on the matter in dispute made prior to the filing of the notice of appeal with the VACAB.

(e) Any additional information considered pertinent.

[43 FR 6091, Feb. 13, 1978]

§ 8-1.327-5 Procedures.

The pertinent agency rules and regulations required to be furnished to contractors by FPR 1-1.327-5 consist of VA Regulations 575 through 584 (38 CFR 1.575 through 1.584) and VA Manual MP-1, Part II, Chapter 21 (40 FR 44298).

[42 FR 28542, June 3, 1977]

Subpart 8-1.4-Procurement Responsibility and Authority

SOURCE: 39 FR 38376, Oct. 31, 1974, unless otherwise noted.

§ 8-1.402 Authority of contracting offi

cers.

(a) Contracting officers are designated in Subparts 8-75.1 and 8-75.2.

(b) Personnel, other than those designated in Subparts 8-75.1 and 8-75.2, may determine quality, quantity and delivery requirements for items or services to be purchased. However, under no circumstances will individuals who have not been delegated contracting authority commit the Government for purchases of supplies, equipment or services. Individuals making such commitments may be held financially liable for the amount of the obligation.

[34 FR 2309, Feb. 18, 1969]

§ 8-1.403 Requirements to be met before entering into contracts.

§8-1.403-51 Legal review.

(a) The following categories of proposed contracts and agreements will be reviewed and concurred in by the General Counsel prior to execution:

(1) All fixed-price contracts involving $200,000 or more in either appropriated or nonappropriated funds and indefinite qantity contrcts where expenditures of $200,000 or more can reasonably be expected. (For contracts awarded by the VA Marketing Center, the dollar amount is $500,000.)

(2) All negotiated contracts, including proposed Small Business Administration 8(a) contracts, for which it is anticipated that more than $100,000 in appropriated or nonappropriated funds will ultimately be involved. (For