[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Proposed Rules]
[Pages 35238-35240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11606]
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DEPARTMENT OF VETERANS AFFAIRS
48 CFR Part 825
RIN 2900-AQ79
VA Acquisition Regulation: Foreign Acquisition
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) is proposing to amend
and update 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revise or remove any policy superseded by changes in the Federal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. 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outdated and duplicative requirements and reduce burden on contractors.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. VA will combine related topics, as
appropriate. This rulemaking removes VAAR coverage concerning Foreign
Acquisition.
DATES: Comments must be received on or before August 10, 2020 to be
considered in the formulation of the final rule.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Office of
Regulation Policy and Management (00REG), Department of Veterans
Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420; or by
fax to (202) 273-9026. Comments should indicate that they are submitted
in response to ``RIN 2900-AQ79--VA Acquisition Regulation: Foreign
Acquisition.'' Copies of comments received will be available for public
inspection in the Office of Regulation Policy and Management, Room
1064, between the hours of 8:00 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call (202) 461-4902 for an
appointment. (This is not a toll-free number.) In addition, during the
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comment period, comments may be viewed online through the Federal
Docket Management System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Bogdan Vaga, Senior Procurement
Analyst, Procurement Policy and Warrant Management Services, 003A2A,
425 I Street NW, Washington, DC 20001, (202) 382-2667. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION:
Background
This rulemaking is issued under the authority of the Office of
Federal Procurement Policy (OFPP) Act which provides the authority for
an agency head to issue agency acquisition regulations that implement
or supplement the FAR.
VA is proposing to revise the VAAR to add new policy or regulatory
requirements and to remove any redundant guidance and guidance that is
applicable only to VA's internal operating processes or procedures.
Codified acquisition regulations may be amended and revised only
through rulemaking. All amendments, revisions and removals have been
reviewed and concurred with by VA's Integrated Product Team of agency
stakeholders.
The VAAR uses the regulatory structure and arrangement of the FAR
and headings and subject areas are consistent with FAR content. The
VAAR is divided into subchapters, parts (each of which covers a
separate aspect of acquisition), subparts, and sections.
The Office of Federal Procurement Policy Act, as codified in 41
U.S.C. 1707, provides the authority for the Federal Acquisition
Regulation and for the issuance of agency acquisition regulations
consistent with the FAR.
When Federal agencies acquire supplies and services using
appropriated funds, the purchase is governed by the FAR, set forth at
Title 48 Code of Federal Regulations (CFR), chapter 1, parts 1 through
53, and the agency regulations that implement and supplement the FAR.
The VAAR is set forth at Title 48 CFR, chapter 8, parts 801 to 873.
Discussion and Analysis
VA proposes to make the following changes to the VAAR in this phase
of its revision and streamlining initiative. For procedural guidance
cited below that is proposed to be deleted from the VAAR, each section
cited for removal has been considered for inclusion in VA's internal
agency operating procedures in accordance with FAR 1.301(a)(2).
Similarly, delegations of authority that are removed from the VAAR will
be included in the VAAM as internal departmental guidance. The VAAM is
being created in parallel with these revisions to the VAAR and is not
subject to the rulemaking process as they are internal VA procedures
and guidance. The VAAM will not be finalized until corresponding VAAR
parts are finalized, and therefore the VAAM is not yet available on
line.
VAAR Part 825--Foreign Acquisition
We propose to remove and reserve VAAR Part 825 as much of the
information it contains is internal and procedural in nature. Subpart
825.1, Buy American Act-Supplies, is proposed to be removed and
reserved. Under this subpart, Section 825.103, Exceptions, will be
removed and moved to the VAAM as the information included is internal
and procedural in nature. Section 825.104, Nonavailable articles, is
proposed for removal as the items listed on the nonavailable list are
now available from domestic sources. Subpart 825.2 was previously
removed and reserved as a part of Final Rule AQ18.
We propose to remove and reserve subpart 825.6, Trade Sanctions.
Under this subpart, section 825.602, Exceptions, is proposed for
removal as this information is no longer relevant. The corresponding
FAR subpart, 25.6 is entitled, ``American Recovery and Reinvestment
Act--Buy American Statute--Construction Materials.'' The VAAR subpart
and section predate the Recovery Act and therefore have been removed as
it does not serve to implement or supplement the current FAR coverage
at the corresponding FAR subpart.
Under this regulatory action, we propose to remove and reserve
subpart 825.8, Other International Agreements and Coordination. Under
this subpart, section 825.870, Technical assistance, will be removed
and moved to the VAAM as it provides procedural guidance to VA's
contracting officers regarding whom to contact if they have questions
regarding international contracts.
We propose to remove and reserve subpart 825.9, Customs and Duties.
Under this subpart, section 825.902-70, Technical assistance, is
proposed for removal. This section is being removed as it provides
outdated procedural guidance directing contracting officers to contact
the US Customs and Border Protection for technical assistance for
clearing items through customs.
This proposed rule would remove and reserve subpart 825.10,
Additional Foreign Acquisition Regulations. Under this subpart, section
825.1001, Waiver of right to examination of records, will be removed
and moved to the VAAM as it provides procedural guidance and assigns
responsibility for preparing and submitted D&Fs as required in FAR
25.1001.
This proposed rule also removes and reserves subpart 825.11,
Solicitation Provisions and Contract Clauses. Under this subpart,
section 825.1102 was previously removed and reserved under Final Rule
AQ18.
Effect of Rulemaking
Title 48, Federal Acquisition Regulations System, Chapter 8,
Department of Veterans Affairs, of the Code of Federal Regulations, as
proposed to be revised by this rulemaking, would represent VA's
implementation of its legal authority and publication of the Department
of Veterans Affairs Acquisition Regulation (VAAR) for the cited
applicable parts. Other than future amendments to this rule or
governing statutes for the cited applicable parts, or as otherwise
authorized by approved deviations or waivers in accordance with Federal
Acquisition Regulation (FAR) subpart 1.4, Deviations from the FAR, and
as implemented by VAAR subpart 801.4, Deviations from the FAR or VAAR,
no contrary guidance or procedures would be authorized. All existing or
subsequent VA guidance would be read to conform with the rulemaking if
possible or, if not possible, such guidance would be superseded by this
rulemaking as pertains to the cited applicable VAAR parts.
Executive Orders 12866, 13563 and 13771
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). 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.
VA's impact analysis can be found as a supporting document at
http://www.regulations.gov, usually within 48 hours after the
rulemaking document is
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published. Additionally, a copy of the rulemaking and its impact
analysis are available on VA's 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.
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 substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). This rulemaking does not change VA's 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. 601-612. Therefore,
pursuant to 5 U.S.C. 605(b), 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 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 in 48 CFR Part 825
Customs duties and inspection, Foreign currencies, Foreign trade,
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. Pamela
Powers, Chief of Staff, Department of Veterans Affairs, approved this
document on January 24, 2020, for publication.
Consuela Benjamin,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
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Accordingly, under the authority of 40 U.S.C. 121(c), 41 U.S.C. 1702;
and 48 CFR 1.301-1.304 VA proposes to amend 48 CFR by removing and
reserving part 825.
[FR Doc. 2020-11606 Filed 6-8-20; 8:45 am]
BILLING CODE 8320-01-P