Quiero saber acerca de...

LOTTER on DSK11XQN23PROD with RULES1

54114

Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations
that would restrict or water down this unique and important tool.
VA appreciates the opportunity to make clear the requirements of this section and what is set forth in the preamble. VAs internal procedures, including review and approval thresholds, are properly contained in the VAAM as authorized by FAR
1.301a2 which authorizes an agency head to issue or authorize the issuance of internal agency guidance. While 38
U.S.C. 8127c provides the authority for when awards to such sole source concerns may be made, VA implements required internal review and approval oversight procedures as necessary.
Therefore, VA makes no changes to the rule on the basis of these comments.
The same commenter asserts that VA
should provide Contracting Officers guidance regarding what constitutes a fair and reasonable price.
VA notes that guidance on how to conduct a price analysis and establish a fair and reasonable price determination is already addressed in the FAR.
Specifically, FAR subpart 15.4, Contract Pricing, provides guidance to contracting officers to assist in making a fair and reasonable price determination. Additional internal agency guidance would be contained in the VA Acquisition Manual. However, VA acknowledges this is an area of interest for the public as well as VAs acquisition workforce. VA is preparing additional internal training for its acquisition workforce to strengthen contracting officers skillset in this area.
VA is making no changes to the rule based on these comments.
The same commenter recommends VA revise VAAR 806.302570a to state that the sole source contract shall be supported by the applicable justification and approval requirements of FAR 6.3025c2ii, 6.303, and 6.304.
VA has considered the comment and concurs that the VA legislation provides a unique sole source authority that is less restrictive than a sole source award otherwise permitted under FAR 6.302
1, Only one responsible source and no other supplies or services will satisfy agency requirements. Accordingly, section 806.302570a has been revised to add the word applicable as noted in the amendatory language with respect to the content of the justification requirements.
The next comment takes issue with the language without regard to any other provision of law in VAAR
806.302571b1 and believes that the other proposed sections of this rule may create confusion as to whether this sole source authority trumps the Vets Act
VerDate Sep<11>2014

17:35 Sep 29, 2021

Jkt 253001

requirements for VA to give priority to SDVOSBs and VOSBs in all VA
contracts. They go on to state, The sole source authorities cited in VAAR
806.302571 do not trump the VAs obligations under the Vets Act. For example, 38 U.S.C. 8123 provides, permissively, that VA may procure prosthetic appliances . . . without regard to any other provision of law.
They submit that by contrast, the Vets Act includes broader language that mandates VA give priority to SDVOSBs and VOSBs.
VA does not concur with the respondents assessment and will make no change based on these comments.
The legislative language provides VA
broad discretion in certain types of procurements without regard to any other provision of law.
The last respondent provides the following positive comments regarding the proposed rule: . . . strongly supports the VA in their efforts to create more flexibility in the contracting process as well as efforts to reorganize the community care programs through the MISSION Act of 2018.
VA appreciates the comment. The comment does not require VA to make any revisions to the proposed rule as the comments do not apply to this rule.
Technical Non-Substantive Changes to the Proposed Rule This rule makes six non-substantive changes to the proposed rule to provide clarity, eliminate confusion, and to ensure compliance with statute and VAs authority.
1. Under section 806.270, Set-asides for verified Veteran-owned small businesses, VA has revised the language to remove the phrase including Governmentwide acquisition contracts GWACs as unnecessary to set forth specifically further types of contract vehicles.
2. Under section 806.302571, Authorized or required by statuteVA
unique authorities, VA has revised the language in paragraph b1 to remove the phrase at the end of the subparagraph: as set forth in VA
directives governing prosthetic appliances, sensory aids and services supporting the same . . . as unnecessary. VA contracting officers are already required to follow VA directives and are internal operating procedures.
3. Under section 806.302571, paragraph b2, VA is revising the language to provide clarity by: Adding Acquisition of resources from in the first sentence before medical practice groups and to remove affiliated before institution affiliated with VA.

PO 00000

Frm 00086

Fmt 4700

Sfmt 4700

4. Under section 806.302571, at paragraph b3, VA is removing the phrase only if the procurement is conducted as too restrictive to VAs procurement authority in various statutes and to ensure clarity. In paragraph b4, VA is revising the authority citation at the end of the paragraph to add D at the end so that it now reads: 38 U.S.C.
8153a3CD.
5. Under section 806.302571, paragraph c, VA is making minor grammatical edits to provide clarity by revising the first sentence so that this authority now reads an authority and by adding the words, in this section so that the intro to the sentence now reads: Contracts awarded using an authority in this section, . . ..
6. Under subpart 806.5, Advocates for Competition, and the underlying section 806.501, Requirement, the section is updated to reflect a new organization role and title, to clarify the authority to appoint an alternate agency advocate for competition, and add the requirement to designate procuring activity advocates for competition in accordance with FAR
6.501. The section has been updated to remove the title of Deputy Senior Procurement Executive DSPE to reflect the official organizational title of the Associate Executive Director, Office of Procurement Policy, Systems and Oversight AED/PPSO and to add for the agency after the phrase VA
Advocate for Competition. The delegated authority is clarified that the AED/PPSO may further delegate the authority to appoint an alternate agency advocate for competition, and to add shall designate procuring activity advocates for competition in accordance with FAR 6.501.
Executive Orders 12866 and 13563
Executive Orders EOs 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.
Executive Order 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. The Regulatory Impact Analysis associated with this rulemaking can be found as a
E:FRFM30SER1.SGM

30SER1