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VA | RIN: 2900-AP50 | Publication ID: Fall 2017 |
Title: Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V001, Parts 803, 814 and 822) | |
Abstract:
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proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the Federal Acquisition Regulation (FAR), to remove procedural guidance internal to VA into the VAAM, and to incorporate any new agency specific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 These changes seek to streamline and align the VAAR with the FAR and remove outdated and duplicative requirements and reduce burden on contractors.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 the VAAR as well as internal agency acquisition policy. VA will rewrite certain parts of the VAAR and VAAM, and as VAAR parts are rewritten, will publish it in the Federal Register. To minimize the number of rules published, VA will combine relatable topics. This Proposed Rule revises VAAR parts 803, 814 and 822, as well as affected parts 801, 802, 812 and 852.
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Agency: Department of Veterans Affairs(VA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
EO 13771 Designation: Deregulatory | |
CFR Citation: 48 CFR 801 48 CFR 802 48 CFR 803 48 CFR 812 48 CFR 814 48 CFR 822 48 CFR 852 48 CFR 1.301 to 1.304 | |
Legal Authority: 40 U.S.C. 121(c) 38 U.S.C. 501 41 U.S.C. 1121(c)(3) |
Legal Deadline:
None |
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Statement of Need: Included in the proposed changes to streamline the VAAR, implementing and supplementing the FAR where required, and removing internal agency guidance in keeping with the FAR principles concerning agency acquisition regulations, are removing an information collection burden from the VAAR because it is based on an outdated practice in providing bid envelopes. We propose to add additional definitions to ensure a common understanding and meaning of terms related to debarment and suspensions in the department. We are proposing to update the policy governing improper business practices and personal conflicts of interests and to clarify the language regarding the prohibition of contractors from making reference in its commercial advertising regarding VA contracts to avoid implying that the Government approves or endorses products or services. |
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Summary of the Legal Basis: 38 U.S.C. 501, 40 U.S.C. 121(c), 41 U.S.C. 1121(c)(3), 41 U.S.C. 1707, 48 CFR 301-1.304 |
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Alternatives: The revised VAAR will have 47 parts, grouped into 19 packages. VA did consider grouping all of the parts into one package, which would have resulted in one regulatory action. However, this approach or alternative was tried several years ago and the project ended up being terminated because of the complexity, time spent correcting errors, legal review, and inconsistency amongst the acquisition offices and other agencies. Another alternative would be to do nothing, which would undermine VA’s mission of simplifying the acquisition process and making it easier for potential vendors to do business with the VA. |
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Anticipated Costs and Benefits: VA has determined that there are notransfer costs and/or savings associated with this rulemaking. VA is merely adding existing and current regulatory requirements to these VAAR parts and removing any guidance that is applicable only to VA’s internal operation processes or procedures and placing that guidance in the Veterans Affairs Acquisition Manual (VAAM).
Although this action contains provisions constituting collections of information at 48 CFR 814.201-6(a) and 852.214-70, under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 to 3521), no new or proposed revised collections of information are associated with this rule.
The information collection requirements for 48 CFR 814.201-6(a) and 852.214-70 are currently approved by the Office of Management and Budget (OMB), have been assigned OMB control number 2900-0593, and are being proposed for removal and discontinuance. This will remove the annual burden of 2 hours on the estimated 640 respondents annually and have an information collection burden savings of $50.66. |
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Risks: |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Small Entities Affected: No | Federalism: No |
Included in the Regulatory Plan: Yes | |
RIN Data Printed in the FR: No | |
Agency Contact: Ricky L. Clark Senior Procurement Analyst (003A2A) Department of Veterans Affairs Procurement Policy and Warrant Management Services, 425 I Street NW., Washington, DC 20001 Phone:202 632-5276 Email: ricky.clark@va.gov |