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Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations supporting document at www.regulations.gov.
Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 44 U.S.C. 35013521.

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Regulatory Flexibility Act The Secretary hereby certifies that this final rule will 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. 601612. The rule primarily affects the use of authorities that VA
contracting officers are already authorized by statute to utilize when required and in accordance with existing agency regulation, policies and procedures. This rule appropriately clarifies and revises the use of such authorities and when certain justification and approval requirements apply. The authorities were previously codified in the VAAR either in this part or in other parts, to include those affecting small business programs, and they affected both large and small entities alike. With this rule, VA ensures content to supplement the FAR for VAs unique service-disabled veteran-owned small business and veteran-owned small business program is properly implemented in this part.
The overall impact of the rule is of benefit to small businesses owned by Veterans or service-disabled Veterans as the VAAR is being updated to remove extraneous procedural information that applies only to VAs internal operating processes or procedures. This rule will ensure clarity for both the public and VA contracting officers to ensure that when such authorities are utilized, they are properly cited and, when required, appropriately documented and publicized. This rulemaking does not change VAs policy regarding small businesses. VA estimates that no cost or economic impact to individual businesses will result from this rule update. VA estimates this final rule is not expected to result in increased or decreased costs to small business entities, and no more than de minimis costs. On this basis, the final rule does 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. 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.

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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 final rule will have no such effect on State, local, and tribal Governments or on the private sector.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
List of Subjects in 48 CFR Part 806
Government procurement.

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Authority: 40 U.S.C. 121c; 41 U.S.C.
1121c3; 41 U.S.C. 1303; 41 U.S.C. 1702; 41
U.S.C. 3304; and 48 CFR 1.301 through 1.304.
806.00470

Definition.

As used in this part Health-care resources has the same definition as that provided in 873.102.
Subpart 806.1Full and Open Competition 806.102

Use of competitive procedures.

d3 Awards made using General Services Administration GSA or Department of Veterans Affairs VA
Federal Supply Schedules FSS are considered competitive when awarded in accordance with the procedures specified in FAR part 8 and this part.
Subpart 806.2Full and Open Competition After Exclusion of Sources
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on September 1, 2021, 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.

806.203 Set-asides for small business concerns.

Luvenia Potts, Regulations Development Coordinator, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs.

a To fulfill the statutory requirements relating to Public Law 109461, the Veterans Benefits, Health Care and Information Technology Act of 2006 38 U.S.C. 81278128, contracting officers shall set aside solicitations in accordance with subpart 819.70 and the VA Rule of Two for Vendor Information Pages VIP verified service-disabled Veteran-owned small businesses SDVOSBs first, then Veteran-owned small businesses VOSBs see 819.7005
and 819.7006. 38 U.S.C. 81278128
b The requirement in this section to set aside procurements for VIP verified SDVOSBs and VOSBs applies to all types of contracts, including orders placed under GSAs Federal Supply Schedules FSS and indefinite-delivery contracts. 38 U.S.C. 81278128

For the reasons set forth in the preamble, VA revises 48 CFR part 806
to read as follows:
PART 806COMPETITION
REQUIREMENTS
Sec.
806.00470

Definition.

Subpart 806.1Full and Open Competition 806.102 Use of competitive procedures.
Subpart 806.2Full and Open Competition After Exclusion of Sources 806.203 Set-asides for small business concerns.
806.270 Set-asides for verified Veteranowned small businesses.
Subpart 806.3Other Than Full and Open Competition 806.302 Circumstances permitting other than full and open competition.
806.3025 Authorized or required by statute.
806.302570 Noncompetitive procedures for verified Veteran-owned small businesses.
806.302571 Authorized or required by statuteVA unique authorities.
Subpart 806.5Advocates for Competition 806.501 Requirement.

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c Subparts 819.5 and 819.70
prescribe the policies and procedures that shall be followed with respect to set-asides for small business and Veteran-owned small business concerns.
806.270 Set-asides for verified Veteranowned small businesses.

Subpart 806.3Other Than Full and Open Competition 806.302 Circumstances permitting other than full and open competition.
806.3025
statute.

Authorized or required by
806.302570 Noncompetitive procedures for verified Veteran-owned small businesses.

a Sole source awards made to a verified SDVOSB or VOSB. Full and open competition need not be provided for when awarding a sole source
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