(a) Certain Veterans Administration procurement policies and procedures which come within the scope of this Chapter 8 nevertheless may be excluded therefrom when there is a justification therefor. These exclusions may include the following categories:

(1) Policies or procedures which are instituted on an experimental basis, or which are expected to be effective for a period of less than 6 months.

(2) Policies and procedures pertaining to other functions of the Veterans Administration as well as to procurement functions, where there is need to make the issuance available simultaneously to all Veterans Administration employees concerned.

(3) Speed of issuance is essential, numerous changes are required in chapter 8, and all necessary changes cannot be made promptly.

(b) Procurement procedures and instructions issued under paragraph (a) (2) and (3) of this section, will be codified into chapter 8 at the earliest practicable date, but in any event not later than 6 months from date of issuance.

(a) Policies and procedures which directly affect the public will be published in the FEDERAL REGISTER as Chapter 8 of Title 41 of the Code of Federal Regulations. Related material, not affecting the public, may also be published in the FEDERAL REGISTER when its inclusion will provide a logical comprehensive statement of Veterans Administration procurement policies and procedures. Material published in Chapter 8C will not be published in the FEDERAL REGISTER.

(b) The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased by the public from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402.

§ 8-1.107 Arrangement.

§ 8-1.107-1 General plan.

The VAPR conforms with the FPR system with respect to divisional arrangements into parts, subparts, sections, subsections, and further subdivisions as necessary.

§ 8-1.107-2 Numbering.

(a) Generally, the numbering system used in VAPR conforms to that of the FPR (see § 1-1.007-2 of this title). Thus, a particular procurement policy or procedure is identified by the same number in both the FPR and VAPR except that the first digit of the number is either 1 (FPR) or 8.

(b) Where Chapter 8 implements a part, subpart, section or subsection of the FPR, the implementing part, subpart, section or subsection of Chapter 8 will be numbered (and captioned) to correspond to the FPR part, subpart section or subsection, e.g., 8-1.302 "Procurement Sources" implements 11.302 of FPR. Paragraph and subparagraph designations of Chapter 8, however, are independently developed and do not necessarily correspond to a paragraph or subparagraph of the FPR.

(c) Where Chapter 8 supplements the FPR and thus deals with subject matter not contained in the FPR, the numbers in the group 50 through 99 are assigned to the respective supplementing parts, subparts or sections.

(d) Where the subject matter contained in the part, subpart, section or subsection of the FPR requires no implementation, Chapter 8 will contain no corresponding part, subpart, section or subsection. Thus, there will be gaps in the Chapter 8 series of part, subpart, section or subsection numbers.

§ 8-1.107-3 Citation.

(a) In formal documents, such as legal briefs, citations of Chapter 8 material which has been published in the FEDERAL REGISTER will be to Title 41 of the Code of Federal Regulations. If Chapter 8 material has not been published in the FEDERAL REGISTER, citation of such material in formal documents should give the number of the

part, subpart, or section of Chapter 8 following the words "Veterans Administration Procurement Regulations."

(b) Any section of Chapter 8, for purpose of brevity, may be informally identified as "VAPR" followed by section number. For example, this paragraph would be identified in a memorandum as "VAPR 8-1.107-3(b)".

§ 8-1.107-4 Cross references.

(a) Within Chapter 8, cross references to the FPR will be made in the same manner as used within the FPR. Illustrations of cross references to the FPR are:

(1) Part 1-3.

(2) Subpart 1-3.1.

(3) Section 1-3.413-5(a). The word "section" or its symbol (§) is used in making a cross reference even though the reference may be to a subsection, paragraph, or subparagraph. For example, this reference is actually to a paragraph.

(b) Within Chapter 8, cross reference to parts, subparts and sections of Chapter 8 will be in a manner generally similar to that used in making references to the FPR. For example this paragraph would be referred to as § 81.107-4(b).

§ 8-1.108 Relationship of the FPR to VAPR.

(a) Chapter 8 implements and supplements the FPR. Except as necessary to assure continuity or understanding, material published in the FPR will not be repeated, paraphrased, or otherwise restated in Chapter 8.

(b) Implementing material is that which expands upon related FPR material. Supplementing material is that for which there is no counterpart in the FPR.

(c) Material in Chapter 8 may supersede the FPR as when a deviation (see § 8-1.109-1) is authorized, but only when the deviation contains an explicit cross reference to the FPR.

(d) Where Chapter 8 contains no material implementing the FPR, the FPR will govern.

§ 8-1.109 Deviation.

§ 8-1.109-1 Description.

(a) The term "deviation" as used in the Chapter 8 is defined in the same manner as described in FPR 1-1.009–1.

(b) In order to maintain uniformity to the greatest extent feasible, deviation from the FPR and VAPR will be kept to a minimum and controlled as follows:

(1) Except for those programs for which special procurement authorities are contained in Title 38, United States Code, and for which procurements are negotiated under Subpart 83.2 of this chapter, authority to deviate from the FPR and Chapter 8, in individual cases, will be granted by the Director, Supply Service, or the Assistant Administrator for Construction.

(2) Authority to deviate from the VAPR in procurements effected under the special procurement authorities contained in Title 38, United States Code, in classes of cases will be secured from the Deputy Administrator.

(3) Authority to deviate from the FPR in classes of cases will normally be obtained in advance from General Services Administration. Where, in the judgment of the Director, Supply Service, circumstances preclude joint consideration with General Services Administration, he may recommend to the Deputy Administrator that authority be granted for such deviation, pending joint consideration at a later date. Normally, classes of cases requiring special treatment will be handled as revisions of this Chapter 8.

§ 8-1.109-2 Procedure.

(a) When contracting officers, other than those assigned to the Office of the Assistant Administrator for Construction, consider it necessary to deviate from the policies set forth in the FPR or VAPR, a request for authority to do so will be submitted to the Director, Supply Service. The request will clearly set forth the circumstances warranting the deviation and the nature of the deviation.

(b) Contracting officers assigned to the Office of the Assistant Administrator for Construction will, in individual cases, secure prior authorization

from the Assistant Administrator for Construction before any deviation is taken. A copy of each such authorization that is granted will be furnished the Director, Supply Service. Requests to deviate in other than individual cases will be processed as provided in paragraphs (d), (e), and (f) of this section.

(c) When a deviation in an individual case is authorized by either the Director, Supply Service, or the Assistant Administrator for Construction, the authorization will be filed in the purchase or contract file, whichever is appropriate. The Director, Supply Service, will review each deviation authorized and when considered necessary either prepare a change to the VAPR or recommend to the General Services Administration that the appropriate portion of the FPR be changed.

(d) Where deviations from the FPR in classes of cases are considered necessary, the Director, Supply Service, will prepare the submission to General Services Administration. Where circumstances preclude obtaining the prior concurrence of General Services Administration, and a deviation is authorized by the Deputy Administrator, the Director, Supply Service, will prepare a letter to General Services Administration stating the deviation authorized and the circumstances requiring the deviation. Deviations will be set forth in this Chapter 8 as provided in § 8-1.108(c).

(e) Where deviations from the VAPR are considered necessary in classes of cases for those procurements effected under Subpart 8-3.2 of this chapter, the Director, Supply Service, will review the request and forward it with his recommendation through channels to the Deputy Administrator. The deviation, if granted will be published in this Chapter 8.

(f) When a continuing deviation from the regulations in this Chapter 8 is requested, after authorization to deviate in an individual case has been granted, the Director, Supply Service, will forward the request with his recommendations, through channels, to the Deputy Administrator. The request, approved or disapproved, shall be returned through channels to the contracting officer. Such deviations

(7) VA decentralized contracts.

(8) Mandatory Federal supply schedule contracts.

(9) Optional use Federal supply schedules.

(10) Commercial concerns, educational or nonprofit institutions, as applicable.

(b) Public exigency. A source lower in priority may be utilized in a public exigency as defined in FPR 1-3.202. Justification for such deviation shall be included in the procurement file.

(c) Military departments. Items of supply available from the Inventory Control Points of the military departments may be obtained in accordance with FPMR 101-26 606.

(d) Eligible beneficiaries. When it is determined that a therapeutic benefit to eligible beneficiaries will result from personal selection of shoes, clothing and incidentals, acquisition from the Veterans Canteen Service or commercial sources is authorized. When dress shoes similar to Federal Prison Industries, Inc., Style No. 86-A are purchased from commercial sources, FPI Clearance No. 1206 will be cited on the purchase document.

[28 FR 2327, Mar. 12, 1963, as amended at 31 FR 16199, Dec. 17, 1966; 32 FR 5549, Apr. 5, 1967; 45 FR 13075, Feb. 28, 1980]

§ 8-1.302-2 Production and research and development pools.

Veterans Administration contracting officers will be advised of, consider bids from, and make awards to, Small Business and Defense Production Pools. The Chief Medical Director or designee will notify the appropriate departments and staff offices when such pools are approved.

[42 FR 28541, June 3, 1977]

§ 8-1.302-3 Contracts between the Government and Government employees or business concerns substantially owned or controlled by Government employ

ees.

Excepting those contracts which pertain to the sale of manual arts and occupational therapy products, Veterans Administration Contracting Officers will, prior to entering into a contract with Government employees or business concerns substantially owned or controlled by Government employees, make the following written determinations, approved by the head of the station:

(a) The requirements of the Government cannot reasonably be otherwise supplied.

(b) There is neither a conflict of interest nor a potential conflict of interest in the performance of such contract. These determinations will be made a part of the contract file. [31 FR 7820, June 2, 1966]

§ 8-1.305-2 Exceptions to mandatory use of Federal Specifications.

(a) Except for the monetary limitations, the exceptions to the mandatory use of Federal Specifications authorized by FPR 1-1.305-2 are not applicable to those items of real and personal property for which appropriate specifications are listed in section III of Veterans Administration Supply Catalog No. 3. When a deviation from a Federal Specification listed therein is required contracting officers shall, prior to taking procurement action, comply with the provisions of § 81.305-3.

(b) The exception to the mandatory use of Federal Specifications, with respect to purchases not exceeding $10,000 authorized by FPR 1-1.305-2, does not apply to items purchased from GSA stock, or from a Federal supply schedule contract.

[35 FR 15756, Oct. 7, 1970, as amended at 42 FR 28541, June 3, 1977]

(a) Field station. When a deviation from a Federal Specification is deemed necessary because of a specific requirement, the contracting officer will request such authority from the Director, Supply Service prior to procurement. The request will specify exactly how the station proposes to deviate from the current specification and why the particular deviation is essential to the station's operations. The contracting officer will be advised as to approval or disapproval of the request. If approved, the Director, Supply Service will, when necessary, forward the notice required by FPR 11.305-3(b) to the General Services Administration.

(b) Marketing center. When the essential needs of the Veterans Adminis

tration are not adequately covered by an existing Federal Specification, the Chief of the Marketing Division concerned will:

(1) When the required deviation affects only the packing, packaging, marking or labeling, and the item is being purchased for depot stock, coordinating the deviation with the Director, VA Supply Depot, Hines, Ill., through the Director, VA Marketing Center. If, in the opinion of the Director, VA Supply Depot, the proposed deviation will not affect storage, handling or transportation he will advise the Director, VA Marketing Center, of his/her concurrence. The Director, VA Marketing Center, will then approve the deviation.

(2) When the deviation specified in paragraph (b)(1) of this section is for an item that is not being purchased for depot stock, document his/her reasons why the deviation is essential, and request the Director, VA Marketing Center, to approve the deviation. Initial deviations approved under paragraph (b)(1) of this section or this subparagraph will be reported to the Director, Supply Service, for submission to the General Services Administration.

(3) When the required deviation affects other than packing, packaging, marking, or labeling, coordinate the required deviation with the using service in Central Office. If approved by the using service, a request for authority to deviate will be submitted to the Director, Supply Service, through the Director, VA Marketing Center, Hines, Ill. It will specify in detail why the specific deviation is essential to the Veterans Administration's operations and be accompanied by a copy of the using service's comments. The appropriate marketing division chief will be advised as to the approval or disapproval of the request. If approved, the Director, Supply Service, will when necessary forward the notice required by FPR 1-1.305-3(b) to the General Services Administration.

[33 FR 6292, Apr. 23, 1968, as amended at 42 FR 28541, June 3, 1977]