[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30442-30443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14142]


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DEPARTMENT OF VETERANS AFFAIRS

48 CFR Parts 803 and 852

RIN 2900-AJ06


VA Acquisition Regulations; Improper Business Practices and 
Personal Conflicts of Interest; Solicitation Provisions and Contract 
Clauses

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs 
Acquisition Regulations (VAAR) concerning the requirement to include an 
Ethics in Government Act certification in solicitations. This amendment 
is necessary to delete this requirement due to the Clinger-Cohen Act, 
Section 4301, which stipulates that all certification requirements not 
required by law be eliminated from agency supplemental acquisition 
regulations. The implementing regulations of the procurement integrity 
provisions of the Act have eliminated any requirement for such 
certifications in solicitations. Therefore, since the certification is 
not required by law, it must be removed from the VAAR.

DATES: Effective Date: June 8, 1999.

FOR FURTHER INFORMATION CONTACT: Rita Williams, Office of Acquisition 
and Materiel Management, Acquisition Policy Team (95A), Department of 
Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 
273-8774.

SUPPLEMENTARY INFORMATION: On April 7, 1998, we published in the 
Federal Register (63 FR 16955) a proposal to eliminate the Ethics in 
Government Act certification requirement from solicitations in 
accordance with the Clinger-Cohen Act, 41 U.S.C. 425. Comments were 
solicited concerning the proposal for 60 days, ending June 7, 1998. We 
did not receive any comments. The information presented in the proposed 
rule document still provides the basis for this final rule. Therefore, 
based on the rationale set forth in the proposed rule document, we are 
adopting the provisions of the proposed rule as a final rule with no 
changes, except for nonsubstantive changes to reflect the date of this 
final rule.

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 (RFA), 5 U.S.C. 
601-602, since it does not contain any substantive provisions. This 
final rule would not cause a significant effect on any entities. This 
final rule deletes a requirement for contracting officers to include a 
particular provision in solicitations, internal guidance which does not 
impact the public. Therefore, pursuant to 5 U.S.C. 605(b), this 
amendment is exempt from the initial and final regulatory flexibility 
analysis requirements of Secs. 603 and 604.

OMB Review

    This document has been reviewed by OMB pursuant to Executive Order 
12866.

List of Subjects

48 CFR Part 803

    Antitrust, Conflict of Interests, Government procurement.

48 CFR Part 852

    Government procurement, Reporting and recordkeeping requirements.

    Approved: March 17, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, 48 CFR Chapter 8 is 
amended as follows:

PART 803--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    1. The authority citation for part 803 continues to read as 
follows:

    Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).


803.101-3  [Amended]

    2. In section 803.101-3, paragraph (c) is removed.

[[Page 30443]]

PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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

    Authority: 38 U.S.C. 501 and 40 U.S.C. 486(c).


852.203-70  [Removed]

    4. Section 852.203-70 is removed.

[FR Doc. 99-14142 Filed 6-7-99; 8:45 am]
BILLING CODE 8320-01-P