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themselves with the Commission’s ex
parte rules.
96. People With Disabilities. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to [email protected]
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
97. Comments and reply comments
must include a short and concise
summary of the substantive arguments
raised in the pleading. Comments and
reply comments must also comply with
section 1.49 and all other applicable
sections of the Commission’s rules. The
Commission directs all interested
parties to include the name of the filing
party and the date of the filing on each
page of their comments and reply
comments. All parties are encouraged to
utilize a table of contents, regardless of
the length of their submission. The
Commission also strongly encourages
parties to track the organization set forth
in the NPRM in order to facilitate its
internal review process.
IV. Ordering Clauses
98. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1–4, 5, 201–206, 214, 218–220,
251, 252, 254, 256, 303(r), 332, 403, and
405 of the Communications Act of 1934,
as amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151–155, 201–206, 214, 218–220,
251, 256, 254, 256, 303(r), 403 and 405,
this Notice of Proposed Rulemaking IS
ADOPTED, effective thirty (30) days
after publication of the text or summary
thereof in the Federal Register.
99. It is further ordered, Pursuant to
Section 220(i) of the Communications
Act, 47 U.S.C. 220(i), that notice be
given to each state commission of the
above rulemaking proceeding, and that
the Secretary shall serve a copy of this
Notice on each state commission.
100. It is further ordered that,
pursuant to the authority contained in
sections 1, 2, 4(i), 5, 201–206, 214, 218–
220, 251, 252, 254, 256, 303(r), 332, and
403 of the Communications Act of 1934,
as amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151, 152, 154(i), 155, 201–206,
214, 218–220, 251, 252, 254, 256, 303(r),
332, 403, 1302, notice is hereby given of
the proposals and tentative conclusions
described in this Notice of Proposed
Rulemaking.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018–08569 Filed 4–24–18; 8:45 am]
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DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Parts 829, 846, 847, 852, and
870
RIN 2900–AQ04

Revise and Streamline VA Acquisition
Regulation
Department of Veterans Affairs.
Proposed rule.

AGENCY:
ACTION:

The Department of Veterans
Affairs (VA) is proposing to amend and
update its VA Acquisition Regulation
(VAAR) in phased increments to revise
or remove any policy superseded by
changes in the Federal Acquisition
Regulation (FAR), to remove procedural
guidance internal to VA into the VA
Acquisition Manual (VAAM), and to
incorporate any new agency specific
regulations or policies. These changes
seek to streamline and align the VAAR
with the FAR and remove outdated and
duplicative requirements and reduce
burden on contractors. The VAAM
incorporates portions of the removed
VAAR as well as other internal agency
acquisition policy. VA will rewrite
certain parts of the VAAR and VAAM,
and as VAAR parts are rewritten, we
will publish them in the Federal
Register. VA will combine related
topics, as appropriate. In particular, this
rulemaking revises VAAR Parts 829—
Taxes, 846—Quality Assurance, and
847—Transportation, as well as affected
Parts 852—Solicitation Provisions and
Contract Clauses and 870—Special
Procurement Controls.
DATES: Comments must be received on
or before June 25, 2018 to be considered
in the formulation of the final rule.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont
Avenue NW, Room 1063B, Washington,
DC 20420; or by fax to (202) 273–9026
(this is not a toll-free number).
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AQ04—Revise and Streamline VA
Acquisition Regulation—Parts 829, 846,
847.’’ Copies of comments received will
be available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
SUMMARY:

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viewed online through the Federal
Docket Management System (FDMS) at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Rafael N. Taylor, Senior Procurement
Analyst, Procurement Policy and
Warrant Management Services, 003A2A,
425 I Street NW, Washington, DC 20001,
(202) 382–2787. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION:
Background
This rulemaking is issued under the
authority of the Office of Federal
Procurement Policy (OFPP) Act, which
provides the authority for an agency
head to issue agency acquisition
regulations that implement or
supplement the FAR.
VA is proposing to revise the VAAR
to add new policy or regulatory
requirements and to remove any
redundant guidance and guidance that
is applicable only to VA’s internal
operating processes or procedures.
Codified acquisition regulations may be
amended and revised only through
rulemaking. All amendments, revisions,
and removals have been reviewed and
concurred with by VA’s Integrated
Product Team of agency stakeholders.
The VAAR uses the regulatory
structure and arrangement of the FAR
and headings and subject areas are
broken up consistent with the FAR
content. The VAAR is divided into
subchapters, parts (each of which covers
a separate aspect of acquisition),
subparts, sections, and sections.
The Office of Federal Procurement
Policy Act, as codified in 41 U.S.C.
1707, provides the authority for the
Federal Acquisition Regulation and for
the issuance of agency acquisition
regulations consistent with the FAR.
When Federal agencies acquire
supplies and services using
appropriated funds, the purchase is
governed by the FAR, set forth at Title
48 Code of Federal Regulations (CFR),
chapter 1, parts 1 through 53, and the
agency regulations that implement and
supplement the FAR. The VAAR is set
forth at Title 48 CFR, chapter 8, parts
801 to 873.
Discussion and Analysis
VA proposes to make the following
changes to the VAAR in this phase of its
revision and streamlining initiative. For
procedural guidance cited below that is
proposed to be deleted from the VAAR,
each section cited for removal has been
considered for inclusion in VA’s
internal agency operating procedures in
accordance with FAR 1.301(a)(2).
Similarly, delegations of authority that

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are removed from the VAAR will be
included in the VA Acquisition Manual
(VAAM) as internal agency guidance.
VAAR Part 829—Taxes
We propose to revise the part 829
authorities to include the applicable
U.S. code citations where the Secretary
of the Treasury has exempted spirits
and alcohol purchases by the Federal
government, pursuant to 26 U.S.C.
5214(a)(2), 26 U.S.C. 5271, and 26
U.S.C. 7510. We also propose to include
an updated positive law codification of
Title 41 authority—41 U.S.C.1303(a)(2),
to reflect additional authority of VA as
an executive agency to issue regulations
that are essential to implement
Government-wide policies and
procedures, as well as to issue
additional policies and procedures
required to satisfy VA’s specific needs.
In subpart 829.2, Federal Excise
Taxes, we propose to redesignate
829.202–70, Tax exemptions for alcohol
products, as 829.203–70, Tax
exemptions for alcohol products. We
propose to revise paragraphs (a), (b) and
(c) to reflect updated legislative and
regulatory citations, to include 26 U.S.C.
5214(a)(2), 26 U.S.C. 5271, and 27 CFR
parts 1–39. We also propose to remove
paragraph (d) since there is no free of
tax provision for beer in the Department
of the Treasury regulation. This revised
structure would conform more closely
to the FAR structure of part 29, and
moves to the VAAM the internal
procedural instructions to the
contracting officer regarding obtaining
new permits. We also propose to remove
the number and title of 829.202, General
exemptions, since its sole section is
proposed for removal.
We propose to remove 829.302,
Application of State and local taxes to
the Government, and move it to the
VAAM as internal procedural guidance
to the contracting officer.
We propose to remove 829.302–70,
Purchases made from patients’ funds,
which prescribes 852.229–70, Sales or
Use Taxes, as obsolete and redundant of
FAR 52.212–4, Contract Terms and
Conditions—Commercial Items clause,
paragraph (k), which requires
contractors to include ‘‘all applicable
Federal, State, and local taxes and
duties.’’ While VA uses the personal
funds of patients to maintain fiscal
controls and accountability, such
controls are administrative in nature
and unrelated to contracting.
We propose to add 829.303,
Application of State and local taxes to
Government contractors and
subcontractors, to delegate to the Head
of the Contracting Activity (HCA),
without power of redelegation, the

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authority to make the determination
prescribed in FAR 29.303(a).
VAAR Part 846—Quality Assurance
In new subpart 846.1, General, we
propose to add 846.101, Definition, to
explain the term ‘‘rejected goods’’ since
that term is the subject of a revised
clause at 852.246–71, Rejected goods.
We propose to revise subpart 846.3,
Contract Clauses, to remove 846.302–70,
Guarantee clause, which prescribes
852.246–70, Guarantee, because there
are sufficient FAR warranty clauses that
could be used, such as FAR clause
52.246–19, Warranty of Systems and
Equipment under Performance
Specifications or Design Criteria.
We propose to remove 846.302, Fixedprice supply contracts, and add 846.370,
Clauses for supplies, equipment or
perishable goods, as the current VAAR
numbering convention for subpart
846.3, Contract Clauses, does not align
with the FAR subpart 46.3, Contract
Clauses.
We propose to revise 846.312,
Construction contracts, to remove a
duplicate contract clause number.
We propose to add 846.370, Clauses
for supplies, equipment or perishable
goods. The analysis of the current
VAAR revealed that the present VAAR
numbering convention for subpart
846.3, Contract Clauses, does not align
with FAR subpart 46.3, Contract
clauses. For example, FAR 46.302 deals
solely with fixed-price supply contracts
and the current sections which
prescribe these clauses (e.g., 846.302–
70, Guarantee clause; 846.302–71,
Inspection; 846.302–72, Frozen
processed foods; and 846.302–73.
Noncompliance with packaging,
packing and/or marking requirements)
could include both cost and fixed price
types of contracts. Therefore, it became
necessary to remove these sections and
move them to the proposed new section,
846.370, which supplements the FAR
coverage at subpart 46.3. Accordingly,
we propose to add the following
sections prescribing clauses for cost and
fixed-price type contracts:
846.370–1, Rejected goods, (formerly
846.302–71, Inspection), which would
prescribe the clause 852.246–71,
Rejected Goods, and clarify a
contractor’s obligations to remove goods
rejected by the Government.
846.370–2, Frozen processed foods
(formerly 846.302–72), which would
prescribe clause 852.246–72, Frozen
Processed Foods, and describe the
requirements for safe handling of frozen
foods.
846.370–3, Noncompliance with
packaging, packing and/or marking
requirements (formerly 846.302–73),

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which would prescribe clause 852.246–
73, Noncompliance with Packaging,
Packing and/or Marking Requirements,
describing corrective steps for
compensating the Government in the
case of non-compliance.
We propose to add 846.370–4,
Purchase of Shellfish, formerly 870.111–
3, to conform to the FAR requirement to
place clauses and their prescriptions in
the appropriate parts, and would
prescribe clause 852.246–76, Purchase
of Shellfish, and describe the
requirements for safe handling of
shellfish.
We propose to revise subpart 846.4,
Government Contract Quality
Assurance.
In section 846.408, Single-agency
assignments of Government contract
quality assurance (no text), we propose
to remove the single title as it is
unnecessary.
We propose to amend 846.408–70,
Inspection of subsistence, to remove
paragraph (a) since FAR 46.408
identifies the Food and Drug
Administration, the Department of
Agriculture and the National Maritime
Fisheries Service of the Department of
Commerce as the entities to perform
inspection. We also propose to remove
paragraph (c) since it contains
procedural guidance that is internal to
VA and will be updated and moved to
the VAAM, and to simplify the
requirements in paragraph (d) that are
the contractor’s responsibilities,
eliminating parts of paragraph (3) and
all of (4). Paragraphs throughout the
section will be appropriately
renumbered.
We propose to remove 846.408–71,
Waiver of USDA inspection and
specifications, since no other agencies,
including the Department of
Agriculture, still require this type of
inspection for subsistence.
We propose to remove the existing
text of 846.471, Determination
authority, since the authority it grants is
provided to the contracting officer in
846.470. We propose to revise the title
of 846.471, to now read, ‘‘Food service
equipment,’’ formerly at 870.115. This
conforms to the FAR requirement to
place clauses and their prescriptions in
the appropriate parts, and to require all
dietetic food service equipment to meet
National Sanitation Foundation (NSF)
standards.
We propose to remove 846.472,
Inspection of repairs for properties
under the Loan Guaranty Program and
Direct Loan Programs, and its two
sections, 846.472–1, Repairs of $1,000
or less, and 846.472–2, Repairs in excess
of $1,000. Such sections are
unnecessary given that a private

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contractor performs such inspection and
repair functions on VA’s behalf. The
contractor’s authority to perform these
functions is established by other
provisions of law.
In subpart 846.7, Warranties, we
propose to remove 846.710, Contract
clauses, since it redundantly prescribes
a clause in FAR. We also propose to
delete the two sections: 846.710–70,
Special warranties, as repetitive of FAR
clause coverage, and 846.710–71,
Warranty for construction—guarantee
period services, which has been
replaced by 846.702–70, Guarantee
period services and specifications.
We propose to add 846.702–70,
Guarantee period services and
specifications, to state VA’s policy
regarding guarantee period services, and
to prescribe a clause, 852.246–75,
Warranty of Construction—Guarantee
Period Services, in all solicitations and
contracts for construction that include
the FAR clause 52.246–21, Warranty of
Construction.
VAAR Part 847—Transportation
We propose to amend the authority
citation for part 847 to add 41 CFR part
102–117. This CFR reference pertains to
‘‘Transportation Management’’ and it
has relevance to part 847.
We propose to add subpart 847.2,
Contracts for Transportation or for
Transportation-Related Services. This
new subpart would be comprised of
new section 847.207, Solicitation
provisions, contract clauses, and special
requirements, and the following
sections:
847.207–8, Government
responsibilities, which would provide
guidance to contracting officers for VA
transportation contracts and subsequent
payments on those contracts, and
847.207–70, VA solicitation provisions,
contract clauses, and special
requirements, which would provide
guidance on contractual requirements
for insurance provisions and contractor
personnel performing on VA
transportation contracts.
We propose to revise subpart 847.3,
Transportation in Supply Contracts, by
adding 847.302, Place of delivery—
F.o.b. point. This section would specify
delivery locations, in addition to
referencing a new corresponding clause,
to be inserted in supply contracts when
it is necessary to specify delivery
locations. This new section would help
eliminate confusion by specifying exact
delivery locations, so there would be a
better representation of delivery
scheduling and pricing.
Under subpart 847.3, we propose to
remove the following sections as they
include internal guidance and will be

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considered for revision and placement
in the VAAM:
847.303, Standard delivery terms and
contract clauses.
847.303–1, F.o.b. origin.
847.303–70, F.o.b. origin, freight
prepaid, transportation charges to be
included on the invoice.
Under 847.305, Solicitation
provisions, contract clauses, and
transportation factors, we propose to
add 847.305–10, Packing, marking, and
consignment instructions. This new
section would specify consignment
instructions, and would prescribe new
clauses to be included in VAAR Part
852. It would cover those areas of
shipping and marking that may not
otherwise be covered, and are not
covered in the FAR. We propose to add
new section 847.305–70, Potential
destinations known but quantities
unknown, which prescribes clause
852.247–70, Determining Transportation
Costs for Evaluation of Offers, when the
contracting officer contracts with
multiple bidders to provide items
directly to VA field installations, on an
F.o.b. origin basis.
We propose to add new section
847.305–71, VA contract clauses. This
section references new clauses to the
VAAR that are used for both free on
board (F.o.b.) origin and F.o.b.
destination, ensuring proper receipt and
documentation of shipments.
We propose to remove 847.306–70,
Transportation payment and audit, and
replace it with 847.306–70, Records of
claims. This new section recommends
that the contracting officer use an
offeror’s record of claims involving loss
or damage as an evaluation factor or
subfactor for VA transportation
contracts.
VAAR Part 852—Solicitation
Provisions and Contract Clauses
In subpart 852.2, Texts of Provisions
and Clauses, we propose to remove
clause 852.229–70, Sales or Use Taxes,
as obsolete and redundant of FAR
clause 52.212–4, Contract Terms and
Conditions—Commercial Items,
paragraph (k), which would require
contractors to include all applicable
Federal, State, and local taxes and
duties.
We propose to remove 852.246–70,
Guarantee, as redundant of the coverage
of warranties by several clauses in FAR
sections 52.246–17 through 52.246–21,
and to reserve the section number.
We propose to revise 852.246–71,
Inspection, to retitle it as ‘‘Rejected
Goods’’ to more accurately reflect the
content; to revise the citation where it
is prescribed; and to make other minor
edits for clarity.

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We propose to revise 852.246–72,
Frozen Processed Foods, to revise the
prescription citation.
We propose to revise 852.246–73,
Noncompliance with Packaging,
Packing, and/or Marking Requirements,
to revise the prescription citation, and
to make one minor edit.
We propose to remove 852.246–74,
Special Warranties, as redundant of the
coverage of warranties by several
clauses in FAR sections 52.246–17
through 52.246–21, and to reserve the
section number.
We propose to amend 852.246–75,
Warranty of Construction—Guarantee
Period Services, to revise the
prescription citation, and to make one
minor edit for clarity.
We propose to add 852.246–76,
Purchase of Shellfish, formerly 852.270–
3, to conform to the FAR requirement to
place clauses and their prescriptions in
the appropriate parts, and to make one
minor edit for clarity.
We propose to amend 852.247–70 to
revise its title to ‘‘Determining
Transportation Costs for Evaluation of
Offers’’ which would make it applicable
to negotiated as well as sealed bid
contracts.
We propose to add 852.247–71,
Delivery Location. This new clause
would ensure that the proper delivery
locations are included in the contract,
for accountability, tracking, and
delivery.
We propose to add 852.247–72,
Marking Deliverables. This new clause
would ensure that packages are properly
marked for tracking, delivery, and
acceptance purposes.
We propose to add 852.247–73,
Packing for Domestic Shipment. This
new clause would ensure acceptance by
common carriers and safe delivery at
destination.
We propose to add 852.247–74,
Advance Notice of Shipment. This new
clause would be used when the F.o.b.
point is destination, and special
Government assistance is required in
the delivery or receipt of the items.
We propose to add 852.247–75, Bills
of Lading, which would define when a
commercial or Government bill of
lading is to be used when shipments of
deliverable items under this contract are
F.o.b. origin.
We propose to delete 852.270–2,
Bread and Bakery Products—Quantities,
as unnecessary since variations in
quantities is adequately covered in FAR
subpart 11.7, Variation in Quantity, and
in its related clauses.
We propose to delete 852.270–3,
Purchase of Shellfish, and move it to
852.246–76 to conform to the FAR

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requirement to place clauses and their
prescriptions in the appropriate parts.
VAAR Part 870—Special Procurement
Controls
We propose to delete 870.111–3,
Contract clauses, since paragraph (a)
prescribes the clause 852.270–2, Bread
and Bakery Products—Quantities,
which is unnecessary since variations in
quantities is adequately covered in FAR
subpart 11.7 and in its related clauses,
and paragraph (b), which prescribes the
clause 852.270–3, Purchase of Shellfish,
and which is proposed to be moved to
new section 852.246–76 to conform to
the FAR requirement to place clauses
and their prescriptions in the
appropriate parts.
We propose to remove 870.111–5,
Frozen processed food products, which
is proposed to be moved to 846.370–2.
We propose to remove 870.115, Food
service equipment, which is proposed to
be moved to 846.471.
We propose to reserve part 870 since
all sections and sections have either
been proposed for deletion or removal
to other parts of the VAAR.

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Effect of Rulemaking
Title 48, Federal Acquisition
Regulations System, Chapter 8,
Department of Veterans Affairs, of the
Code of Federal Regulations, as
proposed to be revised by this
rulemaking, would represent VA’s
implementation of its legal authority
and publication of the VAAR for the
cited applicable parts. Other than future
amendments to this rule or governing
statutes for the cited applicable parts, or
as otherwise authorized by approved
deviations or waivers in accordance
with FAR subpart 1.4, Deviations from
the FAR, and as implemented by VAAR
subpart 801.4, Deviations from the FAR
or VAAR, no contrary guidance or
procedures would be authorized. All
existing or subsequent VA guidance
would be read to conform with the
rulemaking if possible or, if not
possible, such guidance would be
superseded by this rulemaking as
pertains to the cited applicable VAAR
parts.
Executive Orders 12866, 13563 and
13771
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the

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importance of quantifying both costs
and benefits of reducing costs, of
harmonizing rules, and of promoting
flexibility. E.O. 12866, Regulatory
Planning and Review, defines
‘‘significant regulatory action’’ to mean
any regulatory action that is likely to
result in a rule that may: ‘‘(1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
order.’’
VA has examined the economic,
interagency, budgetary, legal, and policy
implications of this regulatory action,
and it has been determined to be a
significant regulatory action under E.O.
12866, because it raises novel legal or
policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
Order. VA’s impact analysis can be
found as a supporting document at
http://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s website at
http://www.va.gov/orpm by following
the link for VA Regulations Published
from FY 2004 Through Fiscal Year to
Date. This proposed rule is not expected
to be subject to the requirements of E.O.
13771 because this proposed rule is
expected to result in no more than de
minimis costs.

information that applies only to VA’s
internal operating procedures. VA is
merely adding existing and current
regulatory requirements to the VAAR
and removing any guidance that is
applicable only to VA’s internal
operation processes or procedures. VA
estimates no cost impact to individual
business would result from these rule
updates. This rulemaking does not
change VA’s policy regarding small
businesses, does not have an economic
impact to individual businesses, and
there are no increased or decreased
costs to small business entities. On this
basis, the proposed rule would not have
an economic impact on a substantial
number of small entities as they are
defined in the Regulatory Flexibility
Act, 5 U.S.C. 601–612. Therefore, under
5 U.S.C. 605(b), this regulatory action is
exempt from the initial and final
regulatory flexibility analysis
requirements of sections 603 and 604.

Paperwork Reduction Act
This proposed rule contains no
provisions constituting a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).

48 CFR Part 852

Regulatory Flexibility Act
This proposed rule would not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. The
overall impact of the proposed rule
would be of benefit to small businesses
owned by Veterans or service-disabled
Veterans as the VAAR is being updated
to remove extraneous procedural

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Unfunded Mandates
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by State, local, and tribal
Governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This proposed rule will have
no such effect on State, local, and tribal
Governments or on the private sector.
List of Subjects
48 CFR Part 829
Government procurement, Taxes.
48 CFR Part 846
Government procurement.
48 CFR Part 847
Government procurement,
Transportation.
Government procurement, Reporting
and recordkeeping requirements.
48 CFR Part 870
Asbestos, Frozen foods, Government
procurement, Telecommunications.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document and
authorized the undersigned to sign and
submit the document to the Office of the
Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs. Gina
S. Farrisee, Deputy Chief of Staff,
Department of Veterans Affairs,

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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules
approved this document on September
1, 2017, for publication.
Dated: April 3, 2018.
Consuela Benjamin,
Regulations Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.

For the reasons set out in the
preamble, VA proposes to amend 48
CFR, chapter 8, parts 829, 846, 847, 852,
and 870 as follows:
PART 829—TAXES
1. The authority citation for part 829
is revised to read as follows:

■

Authority: 26 U.S.C. 5214(a), 5271, 7510;
40 U.S.C. 121(c); 41 U.S.C. 1303(a)(2) and 48
CFR 1.301–1.304.

2. Subpart 829.2 is revised to read as
follows:

■

Subpart 829.2—Federal Excise Taxes
829.203

Other Federal tax exemptions.

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829.203–70
products.

Tax exemptions for alcohol

Subpart 829.3—State and Local Taxes

(a) General. (1) Pursuant to 26 U.S.C.
5214(a)(2) and 26 U.S.C. 5271, VA may
purchase spirits using a tax exemption
as provided by Department of the
Treasury, Alcohol and Tobacco Tax and
Trade Bureau (TTB) regulations (see 27
CFR parts 1–39). As stated in 27 CFR
19.426, agencies of the United States
Government that wish to obtain either
specially denatured spirits or spirits free
of tax for nonbeverage purposes must
apply for and receive a permit on form
TTB F 5150.33 or must have a
previously issued permit on ATF Form
1444.
(2) When purchasing spirits under a
tax exemption, the contracting officer
shall indicate in the contract document
the basis for the exemption and make a
copy of the permit available to the
contractor. Upon receipt of the spirits,
the contractor shall return the permit to
the contracting officer unless future
orders are anticipated or as directed by
the contracting officer.
(3) Department of Veterans Affairs
activities that require spirits free of tax
for beverage purposes under 26 U.S.C.
7510 must provide a proper purchase
order signed by the head of the agency
or an authorized designee.
(b) Specially denatured spirits or
spirits free of tax for nonbeverage
purposes. Contracting officers may make
purchases of excise tax-free spirits,
including denatured alcohol and
specially denatured alcohol only from
qualified distillery plants or bonded
dealers.

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(1) Permits previously issued on
Alcohol, Tobacco, and Firearms (ATF)
Form 1444, Tax-Free Spirits for Use of
United States, remain valid until
surrendered or cancelled.
(2) A copy of the current ATF Form
1444 or TTB Form 5150.33 shall be
made available to the supplier with the
initial order. The permit number only
needs to be referenced on any future
orders with the same supplier.
(c) Wine. No tax exemption form or
ATF/TTB permit is required for the taxfree procurement of wine from bonded
wine premises. The purchase order
must show the kind, quantity, and
alcohol content of the wine and must
state the purpose for which wine is to
be used (see 27 CFR 24.293). An extra
copy of a properly executed purchase
order may be furnished to the bonded
wine premises from which wine is
purchased to facilitate record keeping.
The order must be signed by the Head
of Contracting Activity or designee.
■ 3. Subpart 829.3 is revised to read as
follows:

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829.303 Application of State and local
taxes to Government contractors and
subcontractors.

(a) The authority to make the
determination prescribed in FAR
29.303(a) is delegated, without power of
redelegation, to the Head of the
Contracting Activity (HCA).
PART 846—QUALITY ASSURANCE
4. The authority citation for part 846
is revised to read as follows:

■

Authority: 40 U.S.C. 121(c); 41 U.S.C.
1303; 41 U.S.C. 1702; and 48 CFR 1.301–
1.304.

5. Subpart 846.1 is added to read as
follows:

■

Subpart 846.1—General
846.101

Definition.

As used in this part—
Rejected goods means supplies and/or
equipment failing to meet contractual
terms and conditions and/or generally
accepted quality standards that may be
returned by the Government at the
contractor’s risk and expense.
■ 6. Subpart 846.3 is revised to read as
follows:
Subpart 846.3—Contract Clauses
Sec.
846.312 Construction contracts.
846.370 Clauses for supplies, equipment or
perishable goods.
846.370–1 Rejected goods.
846.370–2 Frozen processed foods.
846.370–3 Noncompliance with packaging,
packing and/or marking requirements.

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846.370–4

17983

Purchase of shellfish.

Subpart 846.3—Contract Clauses
846.312

Construction contracts.

The contracting officer shall insert the
clause at 852.236–74, Inspection of
Construction, in solicitations and
contracts for construction that include
the FAR clause at 52.246–12, Inspection
of Construction.
846.370 Clauses for supplies, equipment
or perishable goods.
846.370–1

Rejected goods.

The contracting officer shall insert the
clause at 852.246–71, Rejected Goods, in
solicitations and contracts for the
acquisition of supplies, equipment or
perishable goods. Perishable goods
include such items as packing house
and dairy products, bread and bakery
products, fresh and frozen fruits, and
vegetables.
846.370–2

Frozen processed foods.

(a) The contracting officer shall insert
the clause at 852.246–72, Frozen
Processed Foods, in solicitations and
contracts for frozen processed foods.
(b) The following frozen processed
food products must contain a label that
complies with the Federal Food, Drug
and Cosmetic Act (21 U.S.C. 301),
which requires all ingredients be listed
in accordance with their predominance
order:
(1) Frozen processed food products
that contain meat, poultry, or a
significant proportion of eggs.
(2) Frozen processed food products
that contain fish or fish products.
(3) Frozen bakery products.
(c) All procured frozen processed food
products that contain meat, poultry or a
significant proportion of eggs must meet
the following requirements:
(1) The products must be processed or
prepared in plants operating under the
supervision of the Department of
Agriculture (USDA).
(2) The product must be inspected
and approved in accordance with USDA
regulations governing meat, poultry, or
egg inspection. A label or seal that
indicates compliance with USDA
regulations, affixed to the container,
will be accepted as evidence of
compliance.
(d) All procured frozen processed
food products that contain fish or fish
products must meet the following
requirements:
(1) The product must be processed or
prepared in plants operated under the
supervision of the Department of
Commerce (DOC). The products listed
in DOC’s publication ‘‘Approved List of
Sanitarily Inspected Fish

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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules

Establishments’’ are processed in plants
under Federal inspection of the National
Marine Fisheries Service, National
Oceanic and Atmospheric
Administration, DOC. The inspected
products packed under various labels
bearing the brand names are produced
in accordance with current U.S. Grade
Standards or official product
specifications, packed under optimum
hygienic conditions, and must meet
Federal, State, and city sanitation and
health regulations. Such brand label or
DOC seal indicating compliance with
DOC regulations, affixed to a container,
will be accepted as evidence of
compliance.
(2) If the condition in paragraph (d)(1)
of this section was not met (e.g., no
seal), the shipment may be lot-inspected
by the DOC and containers stamped to
indicate acceptance or a Certification of
Inspection issued to accompany the
shipment.
(e) Producers of frozen bakery
products that ship products in interstate
commerce are required to comply with
the Federal Food, Drug and Cosmetic
Act. Therefore, the product must be
verified as shipped interstate or that the
producer ships products to other
purchasers interstate.
846.370–3 Noncompliance with packaging,
packing and/or marking requirements.

The contracting officer shall insert the
clause at 852.246–73, Noncompliance
with Packaging, Packing, and/or
Marking Requirements, in noncommercial item solicitations and
contracts for supplies or equipment
where there are special packaging,
packing and/or marking requirements.
The clause may be used in commercial
item acquisitions if a waiver is approved
in accordance with FAR 12.302(c).

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846.370–4

Purchase of shellfish.

(a) The U.S. Food and Drug
Administration (FDA) at http://
www.fda.gov provides quality assurance
seafood safety guidelines.
(b) The contracting officer shall insert
the clause at 852.246–76, Purchase of
Shellfish, in solicitations and contracts
for shellfish.
■ 7. Subpart 846.4 is revised to read as
follows:
Subpart 846.4—Government Contract
Quality Assurance
Sec.
846.408–70 Inspection of subsistence.
846.470 Use of commercial organizations
for inspections and grading services.
846.471 Food service equipment.

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Subpart 846.4—Government Contract
Quality Assurance
846.408–70

Inspection of subsistence.

(a) The contracting officer shall
indicate the time and place of
inspection in the solicitation.
(b) The contracting office shall also
provide in the solicitation that the
contractor is responsible for all of the
following:
(1) Arranging and paying for
inspection services.
(2) Obtaining from the inspectors a
certificate indicating that the product
complies with specifications.
(3) Assuring that the certificate, or
copy, accompanies the shipment.
(4) Furnishing samples for inspection
at the contractor’s expense.
(5) Indicating the address where
inspection will occur.
(c) The contracting officer must
furnish a copy of the purchase
document to the inspecting activity.
846.470m Use of commercial
organizations for inspections and grading
services.

The contracting officer may use a
commercial organization for inspection
and grading services when the
contracting officer determines that all of
the following exist:
(a) The results of a technical
inspection or grading are dependent
upon the application of scientific
principles or specialized techniques.
(b) VA is unable to employ the
personnel qualified to properly perform
the services and is unable to locate
another Federal agency capable of
providing the service.
(c) The inspection or grading results
issued by a private organization are
essential to verify the acceptance or
rejection of a special commodity.
(d) The services may be performed
without direct Government supervision.
846.471

Food service equipment.

(a) All new food service equipment
purchased for Dietetic Service through
other than the Defense General Supply
Center sources must meet requirements
set forth by National Sanitation
Foundation (NSF) at http://www.nsf.org.
(b) The contracting officer will ensure
that the following language is placed in
the solicitation to assert that the
equipment meets NSF standards:
The Government will accept an
affixed NSF label and/or documentation
of the NSF Certification from the
contractor as evidence that the subject
equipment meets NSF Sanitation
standards.
■ 8. Subpart 846.7 is revised to read as
follows:

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Subpart 846.7—Warranties
846.702–70 Guarantee period services and
specifications.

(a) Guarantee period of services are
associated with preserving and
protecting a specified piece of
contractor-installed equipment that is
guaranteed under a construction
contract. Specifications for certain highdollar or traditionally troublesome
equipment are designed to allow for the
original installer of the equipment to
service the equipment throughout the
guaranty period.
(b) Guarantee period services are not
the same as the 1-year general
construction guaranty clause found at
FAR clause 52.246–21, Warranty of
Construction.
(c) The contracting officer may
determine, when in the best interest of
VA that guarantee period services, not
to exceed a period of 5 years, are
appropriate to protect the integrity of
the installed equipment and ensure that
the equipment performs as guaranteed.
(d) When the determination is made
under paragraph (c), the contracting
officer shall include the guarantee
period of services as a separately priced
contract line item number (CLIN) in
solicitations and contracts.
(e) The contracting officer shall insert
the clause at 852.246–75, Warranty of
Construction—Guarantee Period
Services, in solicitations and contracts
for construction that include the FAR
clause 52.246–21, Warranty of
Construction, and that also include
guarantee period services.
(f) In accordance with the approved
VA specifications, the following types of
equipment contain the guarantee period
services specifications. The following
represents a sampling of these
specifications.
(1) Division 14—Conveying
Equipment:
(i) Electric Dumbwaiters Geared
Traction and Winding Drum (VA 14 12
11)
(ii) Electric Traction Elevators (VA 14
21 00)
(iii) Traction Cartlift (VA 14 21 11)
(iv) Hydraulic Elevators (VA 14 24 00)
(v) Hydraulic Cartlift (VA 14 24 11)
(vi) Public Address and Mass
Notification Systems (VA 27 51 16)
(2) Division 27—Communications:
Intercommunication and Program
Systems (VA 27 51 23)
(g) The construction contractor shall
require the original installer of the
equipment, which is normally a
subcontractor to provide the guarantee
period services.

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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules
PART 847—TRANSPORTATION
9. The authority citation for part 847
is amended to read as follows:

■

Authority: 38 U.S.C. 513; 40 U.S.C. 121(c);
31 U.S.C. 1303; 41 U.S.C. 1702; 41 CFR part
102–117; and 48 CFR 1.301–1.304.

10. Subpart 847.2 is added to read as
follows:

■

Subpart 847.2—Contracts for
Transportation or for TransportationRelated Services
Sec.
847.207 Solicitation provisions, contract
clauses, and special requirements.
847.207–8 Government responsibilities.
847.207–70 VA solicitation provisions,
contract clauses, and special
requirements.

Subpart 847.2—Contracts for
Transportation or for TransportationRelated Services
847.207 Solicitation provisions, contract
clauses, and special requirements.
847.207–8

Government responsibilities.

Transportation payments are audited
by the Traffic Manager, to ensure that
payment and payment mechanisms for
agency transportation are uniform and
appropriate in accordance with 41 CFR
part 102–117.

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847.207–70 VA solicitation provisions,
contract clauses, and special requirements.

(a) Insurance under patient
transportation contracts. The
contracting officer shall ensure that all
the proper certificates of insurance are
submitted to perform on the contract, as
outlined in the solicitation, and
subsequently included in the contract
file. In accordance with 828.306, the
contracting officer shall insert the
provision at 852.228–71,
Indemnification and Insurance, in
solicitations when utilizing term
contracts or contracts of a continuing
nature for ambulance, automobile and
aircraft service. When contracting for
these services, consider using
requirements language such as the
following:
(1) Written proof of Insurance
coverage as required and outlined in the
solicitation is required prior to award of
any contract. Coverage must be
maintained continually through the life
of the contract.
(2) Within 10 days of notification of
acceptance and pending award of
contract, the contractor shall furnish to
the contracting officer a certificate of
insurance which shall contain an
endorsement to the effect that
cancellation of, or any material change
in, the policies which adversely affect
the interests of the Government in such

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insurance shall not be effective unless a
30-day advance written notice of
cancellation or change is furnished to
the contracting officer.
(3) Within 10 days of notification of
acceptance and pending award of
contract, and prior to award of a
contract, the contractor shall furnish to
the contracting officer a copy of the
contractor’s current and valid Worker’s
Compensation certificate.
(b) Contractor personnel. The
contracting officer shall ensure that the
contractor personnel have the
appropriate level of training,
experience, licensure, and pertinent
qualifications to ensure patient safety.
When contracting for these services,
consider using requirements language
such as the following:
(1) All contractor personnel
performing contract services shall meet
the qualifications as specified in the
contract, as well as any qualifications
required by Federal, State, county, and
local government entities from the place
in which they operate. Contractor
personnel shall meet these
qualifications at all times while
performing contract services.
(2) During the contract period of
performance, if the contractor proposes
to add-on, or replace personnel to
perform contract services, the contractor
shall submit required evidence of
training, certifications, licensing,
background, and security clearances,
and any other applicable qualifications
to the designated COR. At no time shall
the contractor utilize add-on or
replacement personnel to perform
contract services who do not meet the
qualifications under the terms and
conditions of the contract.
(3) Records of contractor personnel
qualifications and eligibility to perform
on the contract must be maintained
current throughout the life of the
contract, and be made available for
inspection upon request. The contractor
shall forward to the contracting officer,
on an annual basis, a list of contractor
employees listing the employees name,
position(s), and licenses and/or
certifications and their current
certification number. This annual
statement of driver competency must
include any advanced certifications,
such as Advanced Cardiac Life Support
or specialized training to assist and
secure patients by stretcher or
wheelchair, as applicable.
(4) Within seven (7) days after receipt
of award notification, the contractor
shall provide evidence of required
training, certifications, licensing and
any other qualifications of any
personnel who will be performing
services under the contract. The initial

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17985

documentation shall be provided to the
contracting officer and COR.
(c) Contracts must include
requirements to report vehicle accidents
and incidents to the Contracting Officer
with a formal accident report.
(d) Contracts for ambulance services
must require that the contractor meet
the current specifications of Federal
Specification KKK–A–1822E, ‘‘Star of
Life Ambulance’’ standard.
(e) Contracts must include
requirements to ensure patient safety is
maintained through the consistent
practice of securing patient care
equipment, other cargo, and vehicles,
and ensure that security of patients in
vehicles is established and observed
when transportation needs are either
primary or secondary in the actual
performance of the contract. When
contracting for these services, consider
using requirements language to ensure
that patient transportation meets
industry standards for transporting
patients based on the patient’s
condition/needs (e.g., wheelchair,
ambulatory, on stretcher, etc.).
■ 11. Subpart 847.3 is revised to read as
follows:
Subpart 847.3—Transportation in Supply
Contracts
847.302 Place of delivery—F.o.b. point.
847.305 Solicitation provisions, contract
clauses, and transportation factors.
847.305–10 Packing, marking, and
consignment instructions.
847.305–70 Potential destinations known
but quantities unknown.
847.305–71 VA contract clauses.
847.306 Transportation factors in the
evaluation of offers.
847.306–70 Records of claims.

Subpart 847.3—Transportation in
Supply Contracts
847.302

Place of delivery—F.o.b. point.

The contracting officer shall insert
clause 852.247–71, Delivery Location, or
a clause substantially the same as the
clause at 852.247–71, Delivery Location,
in supply contracts when it is necessary
to specify delivery locations. If
appropriate, the clause may reference an
attachment which lists various delivery
locations and other delivery details (e.g.,
quantities to be delivered to each
location, etc.).
847.305–10 Packing, marking, and
consignment instructions.

(a) The contracting officer shall insert
clause 852.247–72, Marking
Deliverables, or a clause substantially
the same as 852.247–72 in solicitations
and contracts if special marking on
deliverables are required.
(b) The contracting officer shall insert
the clause at 852.247–73, Packing for

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Rejected Goods (Date)

852.246–74

(a) Supplies and equipment. Rejected
goods will be held subject to Contractor’s
order for not more than 15 days, after which
the rejected merchandise will be returned to
the Contractor’s address at the Contractor’s
risk and expense. Expenses incident to the
examination and testing of materials or
supplies that have been rejected will be
charged to the Contractor.
(b) Perishable supplies. The contractor
shall remove rejected perishable supplies
within 48 hours after notice of rejection.
Supplies determined to be unfit for human
consumption will not be removed without
permission of the local health authorities.
Supplies not removed within the allowed
time may be destroyed. The Department of
Veterans Affairs will not be responsible for,
nor pay for, products rejected. The contractor
will be liable for costs incident to
examination of rejected products.
(End of clause)

■

852.246–70

847.305–70 Potential destinations known
but quantities unknown.

When the contracting officer contracts
with multiple bidders to provide items
directly to VA field installations, on an
f.o.b. origin basis, the evaluation of bids
must follow specific procedures. In
these instances, the contracting officer
shall insert clause 852.247–70,
Determining Transportation Costs for
Evaluation of Offers, or a clause
substantially the same as clause
852.247–70. By inserting this clause,
each bid is placed on an equal basis,
even though specific quantities required
by each facility cannot be
predetermined. The contracting officer
must use an anticipated demand factor
in proportion to the number of hospital
beds or patient workload.
847.305–71

847.306–70

12. The authority citation for part 852
continues to read as follows:

[Removed and reserved].

13. Section 852.229–70 is removed
and reserved.

■

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16. Section 852.246–72 is revised to
read as follows:

852.246–72

Frozen Processed Foods.

As prescribed in 846.370–2, insert the
following clause:
Frozen Processed Foods (Date)
The products delivered under this contract
shall be in excellent condition, shall not
show evidence of defrosting, refreezing, or
freezer burn and shall be transported and
delivered to the consignee at a temperature
of 0 degrees Fahrenheit or lower.
(End of clause)

852.246–75 Warranty of Construction—
Guarantee Period Services.

As prescribed in 846.702–70(e), insert
the following clause:
Warranty of Construction—Guarantee
Period Services (Date)
The clause 52.246–21, Warranty of
Construction, is supplemented as follows:
Should the Contractor fail to complete the
work or fail to proceed promptly to provide
guarantee period services after notification by
the Contracting Officer, the Government may,
subject to the default clause contained at
FAR 52.249–10, Default (Fixed-Price
Construction), and after allowing the
Contractor 10 days to correct and comply
with the contract, terminate the right to
proceed with the work (or the separable part
of the work) that has been delayed or
unsatisfactorily performed. In this event, the
Government may take over the work and
complete it by contract or otherwise, and
may take possession of and use any
materials, appliances, and plant on the work
site necessary for completing the work. The
Contractor and its sureties shall be liable for
any damages to the Government resulting
from the Contractor’s refusal or failure to
complete the work within this specified time,
whether or not the Contractor’s right to
proceed with the work is terminated. This
liability includes any increased costs
incurred by the Government in completing
the work.
(End of clause)
■

As prescribed in 846.370–3, insert the
following clause:

852.246–76

Failure to comply with the packaging,
packing and/or marking requirements
indicated herein, or incorporated herein by
reference, may result in rejection of the
merchandise and request for replacement or
repackaging, repacking, and/or marking. The
Government reserves the right, without
obtaining authority from the Contractor, to
perform the required repackaging, repacking,
and/or marking services and charge the
Contractor at the actual cost to the
Government for the same or have the

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[Removed and reserved].

18. Section 852.246–74 is removed
and reserved.
■ 19. Section 852.246–75 is revised to
read as follows:

852.246–73 Noncompliance with
Packaging, Packing, and/or Marking
Requirements.

Noncompliance With Packaging,
Packing and/or Marking Requirements
(Date)

PART 852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES

852.229–70

Rejected Goods.

17. Section 852.246–73 is revised to
read as follows:

When contracting for transportation,
and consistent with FAR 15.304,
contracting officers should consider
using the following as an evaluation
factor or subfactor: Record of claims
involving loss or damage.

Authority: 38 U.S.C. 8127–8128, and
8151–8153; 40 U.S.C. 121(c); 41 U.S.C.
1121(c)(3); 41 U.S.C. 1303; 41 U.S.C
1702;.and 48 CFR 1.301–1.304.

852.246–71

■

Records of claims.

■

[Removed and reserved].

14. Section 852.246–70 is removed
and reserved.
■ 15. Section 852.246–71 is revised to
read as follows:
■

■

VA contract clauses.

(a) The contracting officer shall insert
clause 852.247–74, Advance Notice of
Shipment, or a clause substantially as
852.247–74, in solicitations and
contracts when the F.o.b. point is
destination, and special Government
assistance is required in the delivery or
receipt of the items.
(b) The contracting officer shall insert
clause 852.247–75, Bills of Lading, or a
clause substantially the same as clause
at 852.247–75, in F.o.b. origin
solicitations and contracts.

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As prescribed in 846.370–1, insert the
following clause:

required repackaging, repacking, and/or
marking services performed commercially
under Government order and charge the
Contractor at the invoice rate. In connection
with any discount offered, time will be
computed from the date of completion of
such repackaging, repacking and/or marking
services.
(End of clause)

Domestic Shipment, in contracts when
item(s) will be delivered for immediate
use to a destination in the continental
United States; when the material
specification or purchase description
does not provide preservation,
packaging, packing, and/or marking
requirements; and/or when the
requiring activity has not cited a
specific specification for packaging.

20. Section 852.246–76 is added to
read as follows:
Purchase of Shellfish.

As prescribed in 846.370–4 insert the
following clause:
Purchase of Shellfish (Date)
The supplier certifies that oysters, clams,
and mussels will be furnished only from
plants approved by and operated under the
supervision of shellfish authorities of States
whose certifications are endorsed currently
by the U.S. Public Health Service, and the
names and certificate numbers of those
shellfish dealers must appear on current lists
published by the U.S. Public Health Service.
These items shall be packed and delivered in
approved containers, sealed in such manner
that tampering is easily discernible, and
marked with packer’s certificate number

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Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Proposed Rules
impressed or embossed on the side of such
containers and preceded by the State
abbreviation. Containers shall be tagged or
labeled to show the name and address of the
approved producer or shipper, the name of
the State of origin, and the certificate number
of the approved producer or shipper.
(End of clause)

24. Section 852.247–73 is added to
read as follows:

■

21. Section 852.247–70 is revised to
read as follows:

■

852.247–73
Shipment.

852.247–70 Determining Transportation
Costs for Evaluation of Offers.

Packing for Domestic Shipment (Date)

Determining Transportation Costs for
Evaluation of Offers (Date)
For the purpose of evaluating bids and for
no other purpose, the delivered price per unit
will be determined by adding the nationwide
average transportation charge to the F.o.b.
origin bid prices. The nationwide average
transportation charge will be determined by
applying the following formula: Multiply the
guaranteed shipping weight by the freight,
parcel post, or express rate, whichever is
proper, to each destination shown below and
then multiply the resulting transportation
charges by the anticipated demand factor
shown for each destination. Total the
resulting weighted transportation charges for
all destinations and divide the total by 20 to
give the nationwide average transportation
charge.

ANTICIPATED DEMAND
Factor

Oakland, California .........................
Dallas, Texas ..................................
Omaha, Nebraska ..........................
Fort Wayne, Indiana .......................
Atlanta, Georgia ..............................
New York, New York ......................

3
2
3
4
3
5

Total of factors ............................

20

Material shall be packed for shipment in
such a manner that will insure acceptance by
common carriers and safe delivery at
destination. Containers and closures shall
comply with regulations of carriers as
applicable to the mode of transportation.
(End of clause)

25. Section 852.247–74 is added to
read as follows:

■

852.247–74

(End of provision)

Advance Notice of Shipment (Date)
[Insert number of work days] work days
prior to shipping item(s)
[Insert items to be shipped], the Contractor
shall furnish the anticipated shipment date,
bill of lading number (if applicable), and
carrier identity to [Insert individual(s) to
receive notification] and to the Contracting
Officer.
(End of clause)

26. Section 852.247–75 is added to
read as follows:

■

22. Section 852.247–71 is added to
read as follows:
Delivery Location.

As prescribed in 847.302, insert a
clause substantially as follows:
Delivery Location (Date)
Shipment of deliverable items, other than
reports, shall be to: __* Contracting Officer
shall insert appropriate identifying data.
(End of clause)

23. Section 852.247–72 is added to
read as follows:

daltland on DSKBBV9HB2PROD with PROPOSALS

■

Marking Deliverables.

As prescribed in 847.305–10(a) insert
a clause substantially the same as:
Marking Deliverables (Date)
(a) The contract number shall be placed on
or adjacent to all exterior mailing or shipping

VerDate Sep<11>2014

18:10 Apr 24, 2018

Jkt 244001

Contract or Order Number: ________
Destination: ________.’’
(b) Government Bills of Lading.
(1) International (export) and domestic
overseas shipments of items deliverable
under this contract shall be made by
Government bills of lading (GBLs). As used
in this clause, ‘‘domestic overseas’’ means
non-continental United States, i.e., Hawaii,
Commonwealth of Puerto Rico, and
possessions of the United States.
(2) At least 15 days before shipment, the
Contractor shall request in writing GBLs
from: ________ [Insert name, title, and
mailing address of designated transportation
officer or other official delegated
responsibility for GBLs]. If time is limited,
requests may be by telephone: ________
[Insert appropriate telephone number].
Requests for GBLs shall include the following
information.
(i) Item identification/description.
(ii) Origin and destination.
(iii) Individual and total weights.
(iv) Dimensional weight.
(v) Dimensions and total cubic footage.
(vi) Total number of pieces.
(vii) Total dollar value.
(viii) Other pertinent data.
(End of clause)
852.270–2
■

852.270–3
■

[Removed].

27. Section 852.270–2 is removed.
[Removed].

28. Section 852.270–3 is removed.

PART 870—SPECIAL PROCUREMENT
CONTROLS
870
■

[Removed and reserved].

29. Part 870 is removed and reserved.

[FR Doc. 2018–07130 Filed 4–24–18; 8:45 am]
BILLING CODE 8320–01–P

Bills of Lading.

As prescribed in 847.305–71(b), insert
the following clause:

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Bills of Lading (Date)

■

852.247–72

Advance Notice of Shipment.

As prescribed in 847.305–71(a), insert
the following clause:

852.247–75

852.247–71

Packing for Domestic

As prescribed in 847.305–10(b), insert
the following clause:

As prescribed in 847.305–70, insert
the following provision:

Area destination

labels of deliverable items called for by the
contract.
(b) Mark deliverables, except reports, for:
________*.
* Contracting Officer shall insert
appropriate identifying data.
(End of clause)

17987

The purpose of this clause is to define
when a commercial bill of lading or a
government bill of lading is to be used when
shipments of deliverable items under this
contract are F.o.b. origin.
(a) Commercial Bills of Lading. All
domestic shipments shall be made via
commercial bills of lading (CBLs). The
Contractor shall prepay domestic
transportation charges. The Government shall
reimburse the Contractor for these charges if
they are added to the invoice as a separate
line item supported by the paid freight
receipts. If paid receipts in support of the
invoice are not obtainable, a statement as
described below must be completed, signed
by an authorized company representative,
and attached to the invoice.
‘‘I certify that the shipments identified
below have been made, transportation
charges have been paid by (company name),
and paid freight or comparable receipts are
not obtainable.

PO 00000

Frm 00044

Fmt 4702

Sfmt 4702

50 CFR Parts 20 and 21
[Docket No. FWS–HQ–MB–2018–0012;
FF09M21200–178–FXMB1232099BPP0L2]
RIN 1018–BC72

Migratory Bird Permits; Regulations
for Managing Resident Canada Goose
Populations
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:

In 2005, the U.S. Fish and
Wildlife Service (Service or ‘‘we’’)
published a final environmental impact
statement on management of resident
Canada geese (Branta canadensis) that
documented resident Canada goose
population levels ‘‘that are increasingly
coming into conflict with people and

SUMMARY:

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