(a) Except as otherwise provided for by law, VA Regulations and these procurement regulations, the authority vested in the Administrator to execute, award, and administer contracts, purchase orders, and other agreements for the expenditure of funds involved in the acquisition of personal property, or services (excluding construction and architect engineer service), and for the sale of personal property, is hereby delegated to those employees of the Veterans Administration appointed or designated to the following positions: (1) Chief Medical Director. (2) Manager, Administrative Services, Central Office. (3) Director, Supply Service. (4) Assistant Director, Supply Service for VA Supply Depots. (5) Assistant Director, Supply Service for Marketing. (6) Chief, Purchase and Contract Division, Central Office. (7) Head of a Veterans Administration Field Station. (NOTE: Heads of field stations receiving supply support from another Veterans Administration station will exercise this authority only in an extreme emergency or when normal supply channels cannot be utilized.) (8) Chief, Supply Division, Veterans Administration Field Station. (9) Chief, Business Services Division, Veterans Administration Field Station. (10) Director, Building and Supply Service, Central Office. (11) Chiefs, Marketing Divisions, VA Marketing Center. (b) The contracting officers named in paragraph (a) of this section may designate one or more of their subordinates as a contracting officer and authority is hereby delegated to such subordinates, to execute, award and administer contracts, purchase orders, and other agreements for the acquisition of supplies, equipment, nonpersonal services, and for the sale of personal property. Designations will be in writing, specially state the scope and limitation of the designee's contractual authority and shall be confined to only those subordinates who are The authority vested in the Administrator to execute, award and administer contracts, purchase orders and other agreements for the expenditure of funds involved in the acquisition of the specific services set forth in this subpart is hereby delegated to those employees appointed or designated to the positions specified in this subpart. [28 F.R. 2350, Mar. 12, 1963] § 8-75.201-1 Professional services. The Chief Benefits Director and Chief Data Management Director are delegated authority to execute, award, and administer contracts for the acquisition of those professional services, except architect-engineer, that are authorized by FPR 1-3.204. [29 F.R. 4912, Apr. 8, 1964] § 8-75.201-2 Architectural and engi. neering service; Central Office. Authority to execute, award, and administer contracts and related documents involving the expenditure of funds for the acquisition of architectural and engineering services is delegated to the following: (a) Assistant Administrator for Construction. (b) Project Directors, or in their absence the Senior Project Supervisors. [33 F.R. 6293, Apr. 23, 1968] § 8-75.201-3 Construction contracts; Central Office. Authority to execute, award, and administer contracts and related documents involving the expenditure of funds for the acquisition of construction services is delegated to the following: (a) Assistant Administrator for Construction. (b) Project Directors, or in their absence the Senior Project Supervisors. [33 F.R. 6293, Apr. 23, 1968] § 8-75.201-4 Utility-connection contracts; Central Office. Authority to execute, award, and administer contracts and related documents involving the expenditure of funds for the acquisition of utility connections is delegated to the following: (a) Assistant Administrator for Construction. (b) Chief, Utilities Contract Administration Division, or in his absence the Director, Contract Administration Service. [33 F.R. 6293, Apr. 23, 1968] § 8-75.201-5 Construction contracts; field stations, supply depots. The Chief, Supply or Business Services Division at a field station, the Manager, VA Supply Depot, and any employee designated by them in accordance with § 875.101(b) are authorized to execute, award, and administer contracts for construction projects assigned by the Chief Medical Director, under delegation of the Assistant Administrator for Construction, or those accomplished with station or depot funds. Contracting officers, in executing, awarding, and administering construction contracts, including those for maintenance and repair projects, will be guided by Federal Procurement Regulations, Veterans Administration Procurement Regulations, and procedures established by the Assistant Administrator for Construction. [36 F.R. 12218, June 29, 1971] § 8-75.201-6 Printing and binding. Authority to execute, award, and administer contracts, purchase orders and agreements, involving the expenditure of funds, for the acquisition of printing and binding is delegated to the Director, Publications Service, Administrative Services, Central Office. [36 F.R. 12218, June 29, 1971] § 8-75.201-7 Issue of Government bills of lading-Transportation of remains of deceased beneficiaries. The Chief, Medical Administration Division at a Veterans Administration hospital, or the person acting in that capacity, is delegated authority to issue and to sign as "Issuing Officer," Government bills of lading for the shipment of the remains of beneficiaries expiring in a Veterans Administration hospital. [31 F.R. 14878, Nov. 24, 1966] § 8-75.201-8 Issue of Government bills of lading-Transportation of property. (a) Authority to issue and sign Government bills of lading for the transportation of supplies, material, and equipment is delegated to the following: (1) Chiefs, Transportation Sections, VA Supply Depots. (2) Chief, Warehouse Section, VA Forms and Publications Depot. (3) Traffic Manager, Department of Medicine and Surgery, Central Office. (b) The employees named in paragraph (a) of this section may designate one or more of their subordinates and authority is hereby delegated to such subordinates to issue and sign Government bills of lading for the transportation of supplies, material, and equipment. Designations will be in writing and specifically set forth the scope and limitation of the designee's authority. [33 F.R. 6294, Apr. 23, 1968, as amended at 36 F.R. 12218, June 29, 1971] § 8-75.201-9 Amendments to Federal Supply Schedule contracts for drugs and chemicals. The contracting officer of the Marketing Division for Drugs and Chemicals, who has executed a Federal Supply Schedule contract for such commodities, may designate a purchasing agent of that division to accept or reject amendments to such contract. The contracting officer shall furnish each contractor on the schedule the name of the designee when such designation is made. [34 F.R. 15471, Oct. 4, 1969] § 8-75.201-10 Architectural and engineering services; field stations, supply depots. The Chief, Supply or Business Services Division at a field station, the Manager, VA Supply Depot, and any employee designated by them in accordance with § 875.101(b) are authorized to execute, award, and administer contracts for the acquisition of architectural and engineering services when the cost of such services are chargeable to station or depot funds. [36 F.R. 12218, June 29, 1971] § 8-75.201-11 Authority to purchase narcotics and other controlled drugs. (a) As current provisional Bureau of Narcotics and Dangerous Drugs (BNDD) registration of procurement personnel authorized to purchase narcotics and other controlled drugs expires under the Controlled Substances Act of 1970, Public Law 91-513, registration will be by station. (b) Authority to register with the BNDD as an authorized agent of the Veterans' Administration to purchase narcotics and other controlled drug substances is delegated to: (1) Director, VA Hospital. (3) Director, VA Domiciliary. (4) Director, VA Outpatient Clinic. (5) Director, VA Regional Office, Honolulu, Hawaii. (6) Manager, VA Marketing Center, Hines, Ill. (c) Form BND-224, Application for Registration Under Controlled Sub stances Act of 1970, will be prepared and submitted to the Registration Branch, Bureau of Narcotics and Dangerous Drugs, Department of Justice, Post Office Box 28083, Central Station, Washington, DC 20005, through the appropriate Regional Medical Director, for certification as required in Item No. 6 of the form. The Manager, VA Marketing Center will be certified by the Director, Supply Service. (d) The registrants, named in paragraph (b) of this section, will execute Form BND-231, Power of Attorney, to designate authorized personnel to act for them in obtaining and executing order form, Form BND-222c, for controlled substances listed in schedule I or II of the Act. Executed Form BND-231 will be mailed directly to the address shown in paragraph (c) of this section. Subsequent changes resulting from personnel assignments will also be filed with that office. [36 F.R. 19696, Oct. 9, 1971] § 8-75.201-12 Loan guaranty program. (a) The authority to execute, award, and administer contracts, purchase orders, and other agreements for the expenditure of funds for supplies or services for the maintenance, protection, repair, rehabilitation, enlargement, completion, conversion, or demolition of properties acquired under chapter 37, title 38, United States Code, is delegated to: (1) Chief Benefits Director. (2) Director, Loan Guaranty Service. (3) Director, Regional Office. (4) Director, Veterans Benefits Office (Washington, D.C.). (5) Loan Guaranty Officer. (6) Assistant Loan Guaranty Officer. (b) The Contracting Officers named in paragraph (a) of this section may designate one or more of their subordinates and authority is hereby delegated to such subsordinates to execute, award, and administer contracts, purchase orders, and other agreements for the purposes stated in paragraph (a) of this section. Designations will be in writing and will specifically state the scope and limitations of the designee's contractual authority. [30 F.R. 7602, June 11, 1965, as amended at 36 F.R. 12218, June 29, 1971] § 8-75.201-13 Vocational rehabilitation and education programs. (a) Except as stated in this section, the authority to negotiate, award, and administer contracts, purchase orders, and other agreements for the expenditure of funds for the vocational rehabilitation program is delegated to: (1) Chief Benefits Director. (2) Director, Compensation, Pension, and Education Service. (3) Director, Regional Office. (5) Director, Veterans Benefits Office (Washington, D.C.). (b) The Chief Benefits Director and Director, Compensation, Pension, and Education Service are delegated authority to execute contracts, agreements, or supplements thereto for correspondence courses. (c) The Chief Benefits Director, Director, Compensation, Pension, and Education Service, and Directors, Regional Offices and Centers (hospital and regional office) are delegated authority to execute contracts, agreements, or supplements thereto with educational institutions and other approved agencies for the purpose of providing services relative to the counseling of persons eligible for vocational rehabilitation or educational assistance under title 38, United States Code. (d) The Chief Benefits Director and the Director, Compensation, Pension and Education Service are delegated authority to execute contracts, agreements, or supplements thereto with State Approving Agencies for services relating to approving courses offered by educational institutions and training establishments. (e) The contracting officers named in paragraphs (a), (b), and (c) of this section may designate one or more of their 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 FR. 7602, June 11, 1965, as amended at 33 F.R. 10849, July 31, 1968; 36 F.R. 19696, Oct. 9, 1971] 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 § 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 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 split 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 ineligible 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 |