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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Proposed Rules contracting officer in paragraphs a and b with Source Selection Authority or SSA to be consistent with the deviation Class deviation from VA Acquisition Regulation VAAR 815.303Responsibilities, of December 15, 2016, and to remove from paragraph c the reference to section 815.308 since that section does not exist.
In section 873.118, Debriefings, we propose to revise the first sentence to read Offerors whose proposals are not accepted under a competitive request for proposals RFP may submit a written request for a debriefing to the contracting officer. The current language uses non-standard acquisition terms.

substantial number of small entities as they are defined in the Regulatory Flexibility Act 5 U.S.C. 601612.
This rulemaking does not change VAs 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. 601612. Therefore, pursuant to 5 U.S.C. 605b, the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do not apply.

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, when regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, and other advantages;
distributive impacts; and equity. E.O.
13563 Improving Regulation and Regulatory Review emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Information and Regulatory Affairs has determined that this rule is not a significant regulatory action under Executive Order 12866.
VAs 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 VAs 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 an E.O. 13771 regulatory action because this proposed rule is not significant under E.O. 12866.

Unfunded Mandates
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.
Regulatory Flexibility Act The Secretary hereby certifies that this proposed rule would not have a significant economic impact on a
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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
6283

PART 852SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authorities for part 852
continue to read as follows:

Authority: 38 U.S.C. 81278128, and 8151
8153; 40 U.S.C. 121c; 41 U.S.C. 1121c3;
41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR
1.3011.304.

Subpart 852.2Text of Provisions and Clauses 2. Section 852.27370 is revised to read as follows:

852.27370

Late Offers.

As prescribed in 873.110a, insert the following provision:
LATE OFFERS DATE
This provision replaces paragraph f of FAR provision 52.2121, Instructions to OfferorsCommercial Items. Offers or modifications of offers received after the time set forth in a request for quotations or request for proposals may be considered, at the discretion of the Contracting Officer, if determined to be in the best interest of the Government. Late bids submitted in response to an invitation for bid IFB will not be considered.

End of provision 3. Section 852.27371 is revised to read as follows:

48 CFR Part 852

852.27371 Alternative Negotiation Techniques.

Government procurement, Reporting and recordkeeping requirements.

As prescribed in 873.110b, insert the following provision:

48 CFR Part 873
Government procurement.
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.
Brooks D. Tucker, Assistant Secretary for Congressional and Legislative Affairs, Performing the Delegable Duties of the Chief of Staff, Department of Veterans Affairs, approved this document on July 17, 2020, for publication.
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 parts 852 and 873 as follows:

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ALTERNATIVE NEGOTIATION
TECHNIQUES DATE
The Contracting Officer may elect to use the alternative negotiation techniques described in 873.111d in conducting this procurement. If used, Offerors may respond by maintaining offers as originally submitted, revising offers, or submitting an alternative offer. The Government may consider initial offers unless revised or withdrawn, revised offers, and alternative offers in making the award. Revising an offer does not guarantee an offeror an award.

End of provision 4. Section 852.27372 is revised to read as follows:
852.27372

Alternative Evaluation.

As prescribed in 873.110c, insert the following provision:
ALTERNATIVE EVALUATION DATE
a The Government will award a contract resulting from this solicitation to the responsible Offeror submitting the lowest priced offer that conforms to the solicitation.
During the specified period for receipt of offers, the amount of the lowest offer will be posted and may be viewed by Contracting Officer insert description of how the information may be viewed electronically or
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