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$ 8–75.201-4 Utility-connection con

§ 8–75.201–8 Issue of Government bills tracts; Central Office.

of lading— Transportation of prop

erty. Authority to execute, award, and administer contracts and related docu- (a) Authority to issue and sign Govments involving the expenditure of funds

ernment bills of lading for the transporfor the acquisition of utility connections

tation of supplies, material, and equipis delegated to the following:

ment is delegated to the following: (a) Assistant Administrator for Con

(1) Chiefs, Transportation Sections, struction.

VA Supply Depots. (b) Chief, Utilities Contract Adminis

(2) Chief, Warehouse Section, VA tration Division, or in his absence the Forms and Publications Depot. Director, Contract Administration Serv- (3) Traffic Manager, Department of

Medicine and Surgery, Central Office. (33 F.R. 6293, Apr. 23, 1968)

(b) The employees named in para

graph (a) of this section may designate $ 8–75.201–5 Construction contracts; one or more of their subordinates and field stations, supply depots.

authority is hereby delegated to such The Chief, Supply or Business Services subordinates to issue and sign GovernDivision at a field station, the Manager, ment bills of lading for the transportaVA Supply Depot, and any employee des- tion of supplies, material, and equipment. ignated by them in accordance with $ 8- Designations will be in writing and 75.101(b) are authorized to execute, specifically set forth the scope and limaward, and administer contracts for itation of the designee's authority. construction projects assigned by the [33 F.R. 6294, Apr. 23, 1968, as amended at Chief Medical Director, under delegation

36 F.R. 12218, June 29, 1971) of the Assistant Administrator for Con

$ 8–75.201-9 Amendments to Federal struction, or those accomplished with Supply Schedule contracts for drugs station or depot funds. Contracting offi

and chemicals. cers, in executing, awarding, and admin

The contracting officer of the Marketistering construction contracts, includ

ing Division for Drugs and Chemicals, ing those for maintenance and repair

who has executed a Federal Supply projects, will be guided by Federal Pro

Schedule contract for such commodities, curement Regulations, Veterans Admin

may designate a purchasing agent of that istration Procurement Regulations, and

division to accept or reject amendments procedures established by the Assistant

to such contract. The contracting officer Administrator for Construction.

shall furnish each contractor on the [36 F.R. 12218, June 29, 1971]

schedule the name of the designee when $ 8–75.201-6 Printing and binding.

such designation is made.

(34 F.R. 15471, Oct. 4, 1969) Authority to execute, award, and administer contracts, purchase orders and

8 8–75.201-10 Architectural and engi. agreements, involving the expenditure of

neering services; field stations, sup

ply depots. funds, for the acquisition of printing and binding is delegated to the Director, Pub

The Chief, Supply or Business Services lications Service, Administrative Sery

Division at a field station, the Manager,

VA Supply Depot, and any employee desices, Central Office.

ignated by them in accordance with $ 8(36 F.R. 12218, June 29, 1971)

75.101(b) are authorized to execute, $&_75.201–7 Issue of Government bills award, and administer contracts for the

of lading-Transportation of acquisition of architectural and engi

mains of deceased beneficiaries. neering services when the cost of such The Chief, Medical Administration

services are chargeable to station or deDivision at a Veterans Administration

pot funds.

[36 F.R. 12218, June 29, 1971] hospital, or the person acting in that capacity, is delegated authority to issue $ 8–75.201-11 Authority to purchase and to sign as “Issuing Officer,” Govern

narcotics and other controlled drugs. ment bills of lading for the shipment of (a) As current provisional Bureau of the remains of beneficiaries expiring in a Narcotics and Dangerous Drugs (BNDD) Veterans Administration hospital.

registration of procurement personnel (31 FR. 14878, Nov. 24, 1966)

authorized to purchase narcotics and

66-091-72-22

re

other controlled drugs expires under the (5) Loan Guaranty Officer. Controlled Substances Act of 1970, Pub- (6) Assistant Loan Guaranty Officer. lic Law 91-513, registration will be by (b) The Contracting Officers named station.

in paragraph (a) of this section may (b) Authority to register with the designate one or more of their subordiBNDD as an authorized agent of the nates and authority is hereby deleVeterans' Administration to purchase gated to such subsordinates to execute, narcotics and other controlled drug sub- award, and administer contracts, purstances is delegated to:

chase orders, and other agreements for (1) Director, VA Hospital.

the purposes stated in paragraph (a) of (2) Director, VA Center.

this section. Designations will be in writ(3) Director, VA Domiciliary.

ing and will specifically state the scope (4) Director, VA Outpatient Clinic. and limitations of the designee's con

(5) Director, VA Regional Office, tractual authority. Honolulu, Hawaii.

(30 F.R. 7602, June 11, 1965, as amended at (6) Manager, VA Marketing Center, 36 F.R. 12218, June 29, 1971) Hines, Ill.

§ 8–75.201-13 Vocational rehabilitation (c) Form BND-224, Application for and education programs. Registration Under Controlled Substances Act of 1970, will be prepared and

(a) Except as stated in this section, the submitted to the Registration Branch,

authority to negotiate, award, and adBureau of Narcotics and Dangerous

minister contracts, purchase orders, and Drugs, Department of Justice, Post Office

other agreements for the expenditure of Box 28083, Central Station, Washington, funds for the vocational rehabilitation DC 20005, through the appropriate Re

program is delegated to: gional Medical Director, for certification

(1) Chief Benefits Director. as required in Item No. 6 of the form.

(2) Director, Compensation, Pension, The Manager, VA Marketing Center will

and Education Service. be certified by the Director, Supply

(3) Director, Regional Office. Service.

(4) Director, VA Center. (d) The registrants, named in para

(5) Director, Veterans Benefits Office graph (b) of this section, will execute

(Washington, D.C.). Form BND-231, Power of Attorney, to

(b) The Chief Benefits Director and designate authorized personnel to act for

Director, Compensation, Pension, and them in obtaining and executing order

Education Service are delegated authorform, Form BND-222c, for controlled

ity to execute contracts, agreements, or substances listed in schedule I or II of the supplements thereto for correspondence Act. Executed Form BND-231 will be

courses. mailed directly to the address shown in

(c) The Chief Benefits Director, Direcparagraph (c) of this section. Subse

tor, Compensation, Pension, and Educaquent changes resulting from personnel

tion Service, and Directors, Regional Ofassignments will also be filed with that

fices and Centers (hospital and regional office.

office) are delegated authority to execute

contracts, agreements, or supplements 136 F.R. 19696, Oct. 9, 1971)

thereto with educational institutions and § 8–75.201–12 Loan guaranty program.

other approved agencies for the purpose

of providing services relative to the coun(a) The authority to execute, award,

seling of persons eligible for vocational and administer contracts, purchase or

rehabilitation or educational assistance ders, and other agreements for the ex

under title 38, United States Code. penditure of funds for supplies or serv

(d) The Chief Benefits Director and ices for the maintenance, protection,

the Director, Compensation, Pension and repair, rehabilitation, enlargement, com- Education Service are delegated authorpletion, conversion, or demolition of ity to execute contracts, agreements, or properties acquired under chapter 37, supplements thereto with State Approvtitle 38, United States Code, is delegated ing Agencies for services relating to apto:

proving courses offered by educational (1) Chief Benefits Director.

institutions and training establishments. (2) Director, Loan Guaranty Service. (e) The contracting officers named in (3) Director, Regional Office.

paragraphs (a), (b), and (c) of this sec(4) Director, Veterans Benefits Of- tion may designate one or more of their fice (Washington, D.C.).

subordinates and authority is hereby

delegated to such subordinates to negotiate, award, and administer contracts, purchase orders, and other agreements for the purposes stated in paragraphs (a), (b), and (c) of this section. Designation of subordinates will be in writing by name or position title and will specifically state the scope and limitations of the contractual authority of each designee. (30 F.R. 7602, June 11, 1965, as amended at 33 F.R. 10849, July 31, 1968; 36 F.R. 19696, Oct. 9, 1971) § 8–75.201-14 Procurement of drugs.

The Chief, Marketing Division for Drugs and Chemicals, or person acting in that capacity, is hereby authorized to prohibit all authorized users of a drug contract entered into by that division from purchasing, for a period of 60 days, drugs manufactured or compounded in a plant or plants in which violations of the type specified in $ 8–7.157–17 have been disclosed. 134 F.R. 15784. Oct. 11, 19691

PART 8–95—LOAN GUARANTY AND

VOCATIONAL REHABILITATION
AND EDUCATION PROGRAMS

AUTHORITY: The provisions of this part 8-95 issued under sec. 205 (c), 63 Stat. 390, as amended, 40 U.S.C. 486(C); sec. 210(c), 72 Stat. 1114, 38 U.S.C. 210(c).

SOURCE: The provisions of this part 8-95 appear at 30 F.R. 7603, June 11, 1965, unless otherwise noted. Subpart 8-95.1-Loan Guaranty

Program § 8–95.100 Scope of subpart.

This subpart sets forth policy and procedure with respect to the loan guaranty and direct loan programs as it pertains to property management matters, including the acquisition, management, and disposition of property, real, personal, or mixed, which were secured by loans guaranteed, insured, or made pursuant to title 38, United States Code. § 8-95.101 Policy.

It is the policy of the Veterans Administration that all procurement effected by formal advertising or negotiation pertaining to the expenditure of funds for the repair and maintenance of Veterans Administration property acquired under chapter 37, title 38, United States Code, be made in accordance with those regulations as set forth in FPR 1-2, 1-3, and 1-16 as supplemented or implemented by Parts 8–2, 8–3, and 8-16 of this chapter and otherwise authorized by this Subpart 8-95.1 and specific subparts or sections as stated in this subpart. (35 F.R. 8485, June 2, 1970) $ 8–95.102 Authorization for repairs to

properties. (a) Except as provided in this subpart, Managers are authorized to purchase supplies and services for the repair to any Veterans Administration property acquired under chapter 37, title 38, United States Code, where the cost does not exceed $3,000 on any single transaction.

(b) In those cases where the expenditure is known or estimated to exceed $3,000, the request, together with the loan guaranty folder, will be forwarded to the Chief Benefits Director for approval.

(c) During the period when the Veterans Administration has assumed custody of the property from a holder and prior to its conveyance to the Veterans Administration pursuant to Veterans Administration Regulation 4320 (38 CFR 36.4320), repairs are authorized not in excess of $500, when appropriate to make the property ready for sale at an earlier

Subpart 8-95.1--Loan Guaranty Program Sec. 8-95.100 Scope of subpart. 8-95.101 Policy. 8-95.102 Authorization for repairs to

properties. 8-95.103 Repair specifications. 8-95.104 Qualification of bidders. 8-95.105 Debarred, suspended, or ineligi

ble bidders. 8-95.106 Lien waivers. 8-95.107 Stipulations against liens.

Subpart 8-95.2-Vocational Rehabilitation and

Education Program 8-95.200 Scope of Subpart. 8-95.201 General. 8-95.201-1 Requirements for use of con.

tracts. 8_95.201-2 Requirements when contracts

are not required. 8-95.201-3 Medical services. 8-95.201-4 Letter contracts. 8-95.202 Marking and release of supplies. 8-95.203 Renewals or supplements to con

tracts. 8-95.204 Guaranteed payment. 8-95.205 Proration of charges. 8-95.206 Other fees and charges. 8-95.207 Payment of tuition or fees. 8-95.209 Records and reports. 8-95.210 Correspondence courses. B 05.211 Information concerning corre

spondence courses.

date than would otherwise be possible if the repair program was delayed until such time as the Veterans Administration acquired absolute title.

(d) No repairs may be made to property by the holder when it has continued custody except for emergency repairs not in excess of $50 unless adequate notice has been given the Manager, VA Regional Office. Emergency repairs as applied in this paragraph will be deemed to mean those requiring immediate action top reserve the property from serious damage or to correct a situation imminently dangerous to life or limb, and includes the initial cleanup of the property in order to prevent the risk of damage by fire or vandalism.

(e) An approved management broker may be authorized, at the time a property is listed with him, to incur expenses for fuel and utilities or other recurring items which are required to be furnished by the Veterans Administration to its tenants or are required in the maintenance of the property. Advance blanket authorizations to management brokers will be limited to repairs not in excess of $50 in any transaction. Repair jobs may not be plit to circumvent this restriction. Expenditures in excess of $50 require prior approval of the Manager, regional office, having jurisdiction of the property. (30 F.R. 7603, June 11, 1965, as amended at 35 F.R. 8485, June 2, 1970) & 8-95.103 Repair specifications.

(a) Repair specifications covering authorized repairs will be formulated in sufficient detail to permit competitive bids on an identical basis and as a minimum will contain the following:

(1) Requirement that the contractor obtain all necessary permits.

(2) Where the property is vacant, require that the contractor provide the heat, light, power, and water necessary to accomplish the work.

(3) Requirement that inspection will be made at stated intervals if appropriate and that final inspection will be made in all cases.

(4) Any other requirement necessary to protect the interests of the Government.

(b) The minimum construction requirements may be used as a guide in the preparation of repair specifications. Specifications should not require conformance with minimum construction

requirements in cases where scope of repairs are minor, the relatively small value of the property or its poor salability. The quality of repairs to be specified shall be consistent with the type and value of the property.

(c) In all cases, the specifications for repairs will be based on one of the following categories:

(1) Minimum specifications for rental purposes.

(2) Average specifications for sales purposes.

(3) Above average specifications for desirable properties. $ 8–95.104 Qualification of bidders.

(a) Qualifications of bidders shall be established in accordance with the procedures outlined in FPR 1-1.310–5 and 1-1.310-6 and § 8-1.310–6 of this chapter.

(b) Management brokers are not considered acceptable bidders for repair contracts due to their close association on a fee basis with the Veterans Administration. This restriction would apply equally to any contracting firm in which the management broker has an interest and in which it could be presumed that such firm would have an advantage over the other bidders. This does not preclude the performance of work by management brokers of a routine recurring maintenance category or minor repairs by personnel employed directly on the payroll of the broker. In these cases, it must be established that any charges for such services are not in excess of the prevailing fees for like services in the area. § 8-95.105 Debarred, suspended or in

eligible bidders. Firms or individuals will be debarred or suspended on accordance with FPR 1-1.A and Subpart 8–1.6 of this chapter. § 8-95.106 Lien waivers.

(a) Contracts in the amount of $1,000 or more will contain a requirement that the contractor will sign a formal release in full or a lien waiver before payment may be made. The release or waiver will accompany the contractor's invoice.

(b) Contractors will be required to notify the Manager, Veterans Administration regional office, of any subcontracts for services or materials in excess of $1,000. Such subcontractors or material men will be required to sign the release or waiver jointly with the prime contractor or to execute release or walver in his own name.

(c) Prior to any authorized partial payment the contractor will be required to execute a release or waiver.

(d) Due to the variations of local law, no standard release or waiver is prescribed. Each release or waiver will be prepared in accordance with local law and will be in form acceptable by the Chief Attorney. § 8-95.107 Stipulations against liens.

(a) Where determined necessary by the Manager, Veterans Administration regional offices, contracts in an amount less than $1,000 may contain the following:

The contractor expressly walves any and all rights to file or maintain any mechanics Hen or claim against the aforesaid premises.

(b) Contracts in the amount of $1,000 or more or where there is doubt as to the financial responsibility of the contractor will provide maximum protection to the Government by including such requirements as are available under local law. Advice and approval of any contract stipulation or legal stipulations against liens will be obtained from the Chief Attorney. Subpart 8-95.2-Vocational Rehabil

itation and Education Program 88–95.200 Scope of subpart.

This subpart sets forth policy and procedures with respect to the vocational rehabilitation and education program as it pertains to contracts for training, education, guidance and approval of insti. tutions and training establishments. & 8-95.201 General. & 8-95.201-1 Requirements for use of

contracts. Contracts will be negotiated for tution, fees, books, supplies, equipment, and other allowable expenses incurred by the institution for the training of eligible veterans under chapter 31, title 38, United States Code, under the following circumstances:

(a) With institutions offering courses of instruction by correspondence. Courses of instruction by correspondence is deemed to mean a course of education or training conducted by mail consisting of regular lessons or reading assignments, the preparation of required written work which involves the application

of principles studied in each lesson, the correction of assigned work with such suggestions or recommendation as may be necessary to instruct the student, the keeping of student achievement records and issuance of a diploma, certificate, or other evidence to the student upon satisfactorily completing the requirements of the course.

(b) With institutions, establishments, or individuals approved to provide train

ing to eligible veterans under chapter 31, title 38, United States Code, for whom special services are furnished at the request of the Veterans Administration. § 8-95.201-2 Requirements when con

tracts are not required. (a) When a contract is not required, à signed statement of charges will be obtained from the educational institution or training establishment for courses to be offered, including the rate of tuition, fees, and separate charges, if any, for books, supplies, and equipment handling charges, refund policy and such other provisions as are required to determine proper payment. The statement of charges may be in the form of a statement on VA Form 21E-1905, Authorization and Notice of Entrance or Reentrance into Training, that charges will be in accordance with catalog or other published document (identify publication). The statement of charges may not exceed those charges paid by nonveterans or that is published in the school catalog or other published document.

(b) For the purpose of this section a contract will not be required when all tuition, fees, books, supplies, or services necessary to train, or educate an eligible veteran under chapter 31, title 38, United States Code, are published in the school catalog or other published document. $ 8–95.201–3 Medical services.

The medical services provided trainees under vocational rehabilitation and education contracts, agreements, or arrangements are separate and distinct from any other medical service under the jurisdiction of the Department of Medicine and Surgery to which the veteran may be entitled and no certificate of eligibility is required from that department. & 8–95.2014 Letter contracts.

Pursuant to FPR 1-3.408 and $ 8–3.408, letter contracts are authorized for use

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