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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, viz., canteen, loan guaranty, vocational rehabilitation and education, as well as other specific authorities for the operation of its various medical programs. Contracts and other agreements for the purchase of supplies, equipment and services, authorized by these special procurement authorities, will be negotiated as provided in Subpart 8-3.2 of this chapter.

[28 F.R. 2327, Mar. 12, 1963, as amended at 35 F.R. 15755, Oct. 7, 1970]

§ 8-1.105 Exclusions.

(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., 8-1.302 "Procurement Sources" implements 1-1.302 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.

[28 F.R. 2327, Mar. 12, 1963, as amended at 35 F.R. 15755, Oct. 7, 1970]

§ 8-1.107 Cross references.

(a) Within Chapter 8, cross references to the FPR will be made in the same manner as used within the FPR. Пlustrations 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 § 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, United States Code, and for which procurements are negotiated under Subpart 8-3.2 of this chapter authority to deviate from the FPR and Chapter 8, in individual cases, will be granted by the Director, Supply Service.

(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, add to, delete from or alter any of the Special Provisions of VA Form 08-6279, except as provided in the Instructions for Use, will be secured from the Assistant Administrator for Construction. Each such request will be fully justified and no action shall be taken by the requester until such approval is received.

(d) 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. [31 F.R. 12717, Sept. 29, 1966 and 35 F.R. 15755, Oct. 7, 1970, as amended at 36 F.R. 18174, Sept. 10, 1971]

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(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 § 8-1.102(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 when approved will not be published in this Chapter 8. The contract files will, in each instance, be annotated to show that such authority has been granted.

[32 F.R. 7267, May 16, 1967, as amended at 35 F.R. 15755, Oct. 7, 1970] § 8-1.109

Citation.

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mission of reports to and by these indviduals is also prescribed. Whenever such titles are used the individual occupying such position may, unless otherwise restricted by law or the regulations in Chapter 8, designate a subordinate to act for him.

[29 F.R. 12771, Sept. 10, 1964]

Subpart 8-1.2-Definition of Terms § 8-1.250 Personal services.

Services of an officially appointed or employed individual engaged in the performance of authorized Federal functions under the supervision and direction of a Federal officer and paid for on a time or contract price basis. [30 F.R. 34, Jan. 5, 1965]

§ 8-1.251 Nonpersonal services.

Services rendered by non-Government firms, institutions or persons through contract or agreement with the Veterans Administration wherein no employeeemployer relationship exists.

[30 F.R. 34. Jan. 5, 1965]

§ 8-1.252 Commodity standardization. Commodity standardization is the process of selecting, testing, evaluating and approving items that are to be standardized for use in the Veterans Administration.

[33 F.R. 10456, July 23, 1968] § 8-1.253 Standard item.

A standard item is one that has, through the commodity standardization program, been selected and approved for use within the Veterans Administration by the appropriate Central Office department or staff head and published in VA Catalog No. 3, which is available at any Veterans Administration station. [33 F.R. 10456, July 23, 1968]

Subpart 8-1.3-General Policies

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(5) VA decentralized contracts. (6) Mandatory Federal supply schedule contracts.

(7) Federal Prison Industries and blind-made products except as indicated in paragraph (d) of this section.

(8) 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) Perishable subsistence. The Veterans Administration and the Defense Supply Agency (DSA) have entered into an agreement whereby DSA is another source of supply to Veterans Administration hospitals for perishable subsistence items through their (DSA) regional supply points. This source of supply, when available, shall be used for purchases regardless of the availability of perishables from a higher priority source, when such purchases will result in increased economy and food service standards will not be adversely affected. Each Veterans Administration installation will make its arrangements with the DSA regional headquarters serving the area in which the station is located.

(d) Eligible beneficiaries. Eligible beneficiaries are authorized to acquire from the Veterans Canteen Service or commercial sources, only the following items when it is determined professionally that a therapeutic benefit will result from personal selection by the beneficiary:

(1) Incidentals (General Services Administration Clearance, August 20, 1964):

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(3) Copies of clearances applicable to items acquired under this paragraph are on file in the General Accounting Office. It will suffice to cite the pertinent clearance and its date on the purchase documents.

[28 F.R. 2327, Mar. 12, 1963, as amended at 31 F.R. 16199, Dec. 17, 1966; 32 F.R. 5549, Apr. 5, 1967]

§ 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 his designee will notify the appropriate departments and staff offices when such pools are approved.

[28 F.R. 11455, Oct. 25, 1963]

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

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 F.R. 7820, June 2, 1966]

§ 8-1.303 Approval signatures.

Contracting officers or their duly authorized representatives will personally sign all contracts, changes thereto and contract enforcement correspondence. The signing of contractual documents will not be accomplished by facsimile stamps.

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[31 F.R. 15311, Dec. 7, 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 § 8-1.305-3.

(b) The exception to the mandatory use of Federal Specifications, with respect to purchases not exceeding $2,500 authorized by FPR 1-1.305-2, does not apply to items purchased from GSA Stores Stock, or from a Federal Supply Schedule contract.

[35 F.R. 15756, Oct. 7, 1970]

§ 8-1.305-3 Deviations from Federal Specifications.

(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 1-1.305-3(b) to the General Services Administration.

(b) Marketing center. When the essential needs of the Veterans Administration are not adequately covered by an existing Federal Specification, the Chief of the Marketing Division concerned will:

(1) When the required deviation afonly the packing, packaging,

fects

marking or labeling, and the item is being purchased for depot stock, coordinating the deviation with the Manager, VA Supply Depot, Hines, Ill., through the Manager, VA Marketing Center. If, in the opinion of the Manager, VA Supply Depot, the proposed deviation will not affect storage, handling or transportation he will advise the Manager, VA Marketing Center, of his concurrence. The Manager, VA Marketing Center, will then approve the deviation.

(2) When the deviation specified in subparagraph (1) of this paragraph is for an item that is not being purchased for depot stock, document his reasons why the deviation is essential, and request the Manager, VA Marketing Center, to approve the deviation. Initial deviations approved under subparagraph (1) of this paragraph 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 Manager, 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 F.R. 6292, Apr. 23, 1968, as amended at 36 F.R. 9513, May 26, 1971]

§ 8-1.305-4 Optional use of interim Federal specifications.

(a) Interim Federal specifications, developed by VA, as indicated in the preamble, are mandatory under the same conditions and with the same exceptions as provided for Federal specifications.

(b) Suggested changes to Interim Federal Specifications used on an optional basis will be handled as in § 81.305-3.

[28 F.R. 2329, Mar. 12, 1963, as amended at 30 F.R. 10293, Aug. 19, 1965]

§ 8-1.305-6 Military and departmental specifications.

(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 $2,500. 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 Manager, VA Marketing Center, Hines Ill., whichever is appropriate, a request for authority to deviate 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

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