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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proposing to amend and update its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the Federal Acquisition Regulation (FAR), to remove procedural guidance internal to VA into the VAAM, and to incorporate any new agency specific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 These changes seek to streamline and align the VAAR with the FAR and remove outdated and duplicative requirements and reduce burden on contractors.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.

Statement of Need:

The rulemaking would update the VAAR to current FAR titles, requirements, and definitions; it would correct inconsistencies and removes redundancies and duplicate material already covered by the FAR; it would also delete outdated material or information and appropriately renumbers VAAR text, clauses, and provisions where required to comport with FAR format, numbering and arrangement. All amendments, revisions, and removals have been reviewed and concurred with by an Integrated Product Team of agency stakeholders. Codified acquisition regulations may be amended and revised only through rulemaking.

Summary of the Legal Basis:

Authority:  38 U.S.C. 501; 40 U.S.C. 121(c); and 48 CFR 1.301 to 1.304.

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.

Anticipated Costs and Benefits:

There are no transfer costs or savings associated with this rulemaking.  The total estimated annual cost to respondents as a result of this rulemaking is estimated to be $565,000.00.

Risks: