AUTHORITY: The provisions of this Part 8-1 issued under 72 Stat. 1114, sec. 205(c), 63 Stat. 390; 38 U.S.C. 210, 40 U.S.C. 486 (c).

Subpart 8-1.1-Introduction

SOURCE: The provisions of this Subpart 8-1.1 appear at 28 F.R. 2327, Mar. 12, 1963, unless otherwise noted.

§ 8-1.100 Scope of subpart.

This subpart establishes the Veterans Administration Procurement Regulations (VAPR), Chapter 8 of the Federal Procurement Regulations System (41 CFR Ch. 8) and states its relationship to the Federal Procurement Regulations (FPR) 41 CFR Ch. 1, and to instructions governing the procurement operations of the Veterans Administration.

§ 8-1.101

Establishment of VA Procurement Regulations.

(a) The policies and procedures prescribed by the Administrator of Veterans Affairs to provide direction, control and uniformity in the agency's procurement of personal property and nonpersonal services (including construction) are contained in 41 CFR Ch. 8. Policies and procedures which directly affect the public will be published in the FEDERAL REGISTER. However, related material, not affecting the public, may also be published in the FEDERAL REGISTER, when its inclusion will provide a logical comprehensive statement of VA procurement policies and procedures.

(b) Procurement instructions which implement or supplement 41 CFR Ch. 8, but which do not directly affect the public, will be published by the department head or staff officer responsible for the procurement activity. For this purpose the following assignments are made:

Chapter Department or Staff Office 8A__ Department of Medicine and Surgery. 8B. Manager, Administrative Services. 8C Assistant Administrator for Construction.

8D. Department of Veterans Benefits. 8E-- Department of Data Management. Material contained in these chapters will not be published in the FEDERAL REGISTER.

(c) Material contained in 41 CFR Ch. 8 and that contained in Chapters 8A, 8B, 8C, 8D, and 8E constitute the Veterans

Administration Procurement Regula

tions.

[28 F.R. 2327, Mar. 12, 1963, as amended at 28 F.R. 11454, Oct. 25, 1963]

§ 8-1.102 Relationship of the Federal Procurement Regulations to VAPR.

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

(b) Implementing material is that which expands upon related Federal Procurement Regulation material. Supplementing material is that for which there is no counterpart in the Federal Procurement Regulations.

(c) Material in Chapter 8 may supersede the FPR, as when a deviation (see § 8-1.108-1(b)) 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.

§ 8-1.103 Method of issuance.

The Chapter 8 material published in the FEDERAL REGISTER will be published in cumulative form in Chapter 8 of Title 41 of the Code of Federal Regulations. The FEDERAL REGISTER and Title 41 of the Code of Federal Regulations may be purchased from the Superintendent of Documents, Government Printing Office, Washington, D.C. 20402

§ 8-1.104 Applicability.

(a) Neither the Federal Procurement Regulations nor the VA Procurement Regulations shall apply to purchases or contracts which utilize General Post Funds, when such regulations would infringe on a donor's prerogative to specify the exact item to be purchased and the source of supply.

(b) Title 38, United States Code, grants to the Veterans Administration special procurement authorities for some of its programs, i.e., Canteen Service, Loan Guaranty Service and Vocational Rehabilitation and Education Service. Contracts and other agreements entered into under such Title 38 authorities, will be negotiated under the authority contained in § 8-3.215. The Administrator will cause to be published in the appropriate parts of Chapter 8 the

(a) Certain VA 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 six months.

(2) Policies and procedures pertaining to other functions of VA as well as to procurement functions, where there is need to make the issuance available simultaneously to all VA 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 six months from date of issuance. § 8-1.106 Numbering.

(a) Generally, the numbering system used in VAPR conforms to that of the FPR (see § 1-1.007-2). 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., 8-3.302 "Procurement Sources" implements 1-3.302 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.

(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 § 8-1.107(b). § 8-1.108 Deviations.

§ 8-1.108-1 Authority.

(a) Except for those programs for which special procurement authorities are contained in Title 38 USC, and for which procurements are negotiated under § 8-3.215, authority to deviate from the FPR and Chapter 8 in individual cases, may be granted by the department head or staff officer having jurisdiction over the supply activity.

(b) 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.

(c) 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 treat