[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Rules and Regulations]
[Pages 84266-84268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27328]
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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: Final rule.
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SUMMARY: 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revise or remove any policy superseded by changes in the Federal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. 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outdated and duplicative requirements and reduce burden on contractors.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. In particular, this rulemaking removes VAAR
coverage concerning Foreign Acquisition.
DATES: This rule is effective on January 27, 2021.
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) 894-0686. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: On June 9, 2020, VA published a proposed
rule in the Federal Register (85 FR 35238) which announced VA's intent
to amend regulations for VAAR Case RIN 2900-AQ79--VA Acquisition
Regulation: Foreign Acquisition. 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 August 10, 2020 and VA
received comments from seven respondents. This rule adopts as a final
rule the proposed rule published in the Federal Register on June 9,
2020, with the exception of minor formatting edits.
[[Page 84267]]
As stated previously, VA received comments from seven respondents.
A summary of the comments and the issues raised are provided as
follows:
One commenter expressed support for the Buy American Act and
concern regarding future procurements from China. VA is fully committed
to complying with the Buy American Act as set forth in the Federal
Acquisition Regulation.
Multiple respondents expressed concern about the Los Angeles
Metropolitan Transportation Authority awarding a contract to a Chinese
firm to build railcars for their public transportation system. VA
appreciates these comments. However, the VA does not have any authority
with the Los Angeles Metropolitan Transportation Authority and has no
influence regarding this organization's procurement decisions. As the
comment does not specifically address issues with the proposed rule, VA
is making no revisions as a result of these comments.
Multiple respondents expressed concern that VA was attempting to
eliminate the requirement to comply with the Buy American Act via the
removal of Part 825 which results from this rulemaking. VA is fully
committed to complying with and implementing all Buy American Statutes.
The updating of the VAAR to remove coverage at 825 does not in any way
create loopholes to circumvent the FAR or the Buy American Statutes. As
a Federal agency, VA must comply with all federal regulations,
statutes, rules, etc.
Another commenter expressed consternation regarding a school in Los
Angeles that would be encroaching on VA property if it were to expand
beyond its existing boundaries. In regard to the concern expressed
about the expansion of the ``Brentwood school'' and its possible
encroachment on VA property, this rulemaking has no impact on this
situation, and this is beyond the purview of this regulation. As the
comment does not specifically address issues with the proposed rule
applicable to VA procurements, VA is making no revisions as a result of
the comment.
Executive Orders 12866, 13563 and 13771
Executive Orders (E.O.s) 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.
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 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 rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.
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. 3501-
3521).
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. 601-
612). 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 VA's 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 VA's 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 VA's 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. 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 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. 804(2).
List of Subjects in 48 CFR Part 825
Customs duties and inspection, Foreign currencies, Foreign trade,
Government procurement.
[[Page 84268]]
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. Brooks D.
Tucker, Assistant Secretary for Congressional and Legislative Affairs,
Performing the Delegable Duties of the Chief of Staff, Department of
Veterans Affairs, approved this document on December 8, 2020, for
publication.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of the Secretary, Department of Veterans Affairs.
Accordingly, under the authority of 40 U.S.C. 121(c), 41 U.S.C.
1702; and 48 CFR 1.301-1.304, VA amends 48 CFR by removing and
reserving part 825.
[FR Doc. 2020-27328 Filed 12-23-20; 8:45 am]
BILLING CODE 8320-01-P