Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 187 / Thursday, September 30, 2021 / Rules and Regulations www.va.gov/oal/business/pps/
competition-advocates.asp.
FR Doc. 202120926 Filed 92921; 8:45 am BILLING CODE 832001P

DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Parts 852 and 873
RIN 2900AQ78

VA Acquisition Regulation: Simplified Procedures for Health-Care Resources Department of Veterans Affairs.
Final rule.

AGENCY:
ACTION:

The Department of Veterans Affairs VA is amending and updating 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in phased increments to revise or remove any policy superseded by changes in the Federal Acquisition Regulation FAR, to remove any procedural guidance internal to VA into the VA Acquisition Manual VAAM, and to incorporate any new agency specific regulations or policies. This rulemaking revises VAAR coverage concerning Simplified Procedures for Health-Care Resources as well as an affected part concerning Solicitation Provisions and Contract Clauses.
DATES: This rule is effective on November 1, 2021.
FOR FURTHER INFORMATION CONTACT: Mr.
Rafael Taylor, Senior Procurement Analyst, Procurement Policy and Warrant Management Services, 003A2A, 425 I Street NW, Washington, DC 20001, 202 8940686. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: These changes seek to streamline and align the VAAR with the FAR and remove outdated and duplicative requirements and reduce burden on contractors.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, will publish them in the Federal Register.
On January 21,2021, VA published a proposed rule in the Federal Register 85 FR 35238 which announced VAs intent to amend regulations for VAAR
Case RIN 2900AQ78Simplified Procedures for Health-Care Resources.
VA provided a 60-day comment period for the public to respond to the proposed rule and submit comments.
The comment period for the proposed rule ended on March 22, 2021, and VA
received comments from three respondents. This rule adopts as a final
LOTTER on DSK11XQN23PROD with RULES1

SUMMARY:

VerDate Sep<11>2014

17:35 Sep 29, 2021

Jkt 253001

rule the proposed rule published in the Federal Register on January 21, 2021, with the exception of minor formatting edits.
VA received three comments from the public. Two commenters expressed support for the rulewith one of the respondents stating that the streamlined procedures will help Veterans and the other respondent expressing the opinion that amending the VAAR by removing outdated and superseded information would allow for a more concise understanding of the regulation. VA
appreciates this feedback. As a result of these comments, no changes have been made to the rule.
The third respondent commented on the rules coverage at 873.104, Competition requirements, permitting VA to contract on a sole source basis with affiliated institutions for commercial health-care resources. In particular, the respondent expressed their view that a sole source justification should be published and that competitive proposals should be considered.
VA appreciates the feedback. This comment pertains to a specific statutory exception provided by Congress for VA
to be able to contract with affiliated institutions in accordance with 38
U.S.C. 7302, on a sole source basis as provided by 38 U.S.C. 8153a3A, without publication of a justification for health-care resources. VA policy encourages competition where appropriate. When sole source acquisitions are necessary to meet critical mission needs, justification and approvals are publicized as required in accordance with law and regulation.
However, as 38 U.S.C. 8153 expressly provides this unique exception for VAs work with affiliated institutions to provide Veterans critical healthcare, no revisions will be made to the proposed rule.
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
PO 00000

Frm 00089

Fmt 4700

Sfmt 4700

54117

significant regulatory action under Executive Order 12866. The Regulatory Impact Analysis associated with this rulemaking can be found as a 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.
Regulatory Flexibility Act 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.
Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of
E:FRFM30SER1.SGM

30SER1