Rule2021-20891
VA Acquisition Regulation: Loan Guaranty and Vocational Rehabilitation and Employment Programs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 1, 2021
Effective
November 1, 2021
Issuing agencies
Veterans Affairs Department
Abstract
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(VA) is amending and updating its VA Acquisition Regulation (VAAR) in phased increments to revise or remove any policy superseded by changes in the Federal Acquisition Regulation (FAR), to remove procedural guidance internal to VA into the VA Acquisition Manual (VAAM), and to incorporate any new agency specific regulations or policies. This rulemaking revises VAAR coverage concerning Loan Guaranty and Vocational Rehabilitation and Employment Programs, as well as an affected part concerning Solicitation Provisions and Contract Clauses.
Full Text
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<title>Federal Register, Volume 86 Issue 188 (Friday, October 1, 2021)</title>
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[Federal Register Volume 86, Number 188 (Friday, October 1, 2021)]
[Rules and Regulations]
[Pages 54405-54407]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20891]
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DEPARTMENT OF VETERANS AFFAIRS
48 CFR Parts 852 and 871
RIN 2900-AQ76
VA Acquisition Regulation: Loan Guaranty and Vocational
Rehabilitation and Employment Programs
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revise or remove any policy superseded by changes in the Federal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 procedural guidance internal to
VA into the VA Acquisition Manual (VAAM), and to incorporate any new
agency specific regulations or policies. This rulemaking revises VAAR
coverage concerning Loan Guaranty and Vocational Rehabilitation and
Employment Programs, as well as an affected part concerning
Solicitation Provisions and Contract Clauses.
DATES: This rule is effective on November 1, 2021.
FOR FURTHER INFORMATION CONTACT: Mr. Rafael N. Taylor, Senior
Procurement Analyst, Procurement Policy and Warrant Management
Services, 003A2A, 425 I Street NW, Washington, DC 20001, (202) 382-
2787. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
Background
On June 30, 2020, VA published a proposed rule in the Federal
Register (85 FR 39151) which announced VA's intent to amend regulations
for VAAR Case RIN 2900-AQ76 (parts 852 and 871). 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 31, 2020, and VA received no comments. This rule adopts as a
final rule, with two technical non-substantive changes to the proposed
rule published in the Federal Register on June 30, 2020.
These changes seek to 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.
Technical Non-Substantive Changes to the Proposed Rule
VA is removing proposed section 871.209, Records and reports. VA
has determined this section is unnecessary and no information
collection requirements are required under subpart 871.2. Any records
and reports requirements related to Veterans training are captured
under other existing Veterans Benefits Administration policy and
information collection requirements unrelated to this text or are
covered by standard record keeping requirements and retention periods
as set forth in FAR subpart 4.7. Accordingly, VA has renumbered the
remaining proposed sections to 871.209, Prohibition on advertising--
training of Veterans (from 871.209), and 871.210, Contract clauses
(from 871.211), a result of this removal.
VA has updated the Table of Contents in subpart 817.2 to reflect
the above removals and renumbering.
Executive Orders 12866 and 13563
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). 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. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
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) that require approval by the Office of Management and Budget
(OMB).
[[Page 54406]]
Regulatory Flexibility Act
The Secretary hereby certifies that this final 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 final 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 as they 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 would 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
48 CFR Part 852
Government procurement, Reporting and recordkeeping requirements.
48 CFR Part 871
Government procurement, Vocational rehabilitation and employment.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on August 24, 2021, 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.
Luvenia Potts,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, VA amends 48 CFR parts 852
and 871 as follows:
PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for part 852 continues to read as follows:
Authority: 38 U.S.C. 8127-8128, and 8151-8153; 40 U.S.C. 121(c);
41 U.S.C. 1121(c)(3), 41 U.S.C. 1303; 41 U.S.C. 1702; and 48 CFR
1.301 through 1.304.
0
2. Revise sections 852.271-72, 852.271-73, and 852.271-74 to read as
follows:
852.271-72 Time Spent by Counselee in Counseling Process.
As prescribed in 871.211, insert the following clause:
Time Spent by Counselee in Counseling Process (Nov 2021)
The Contractor agrees that no counselee referred under the
provisions of this agreement will be required to participate or
engage in additional sessions or expend any extra time in connection
with the counseling process, to supply test results or other
information, for purposes other than those specified in this
contract.
(End of clause)
852.271-73 Use and Publication of Counseling Results.
As prescribed in 871.211, insert the following clause:
Use and Publication of Counseling Results (Nov 2021)
The Contractor agrees that none of the information or data
gathered in connection with the services specified in this contract,
or studies or materials based thereon or relating thereto, will be
publicized without the prior approval of the Under Secretary for
Benefits or his/her designee.
(End of clause)
852.271-74 Inspection of Instruction, Counseling or Testing
Operations.
As prescribed in 871.211, insert the following clause:
Inspection of Instruction, Counseling or Testing Operations (Nov 2021)
The Contractor shall permit the duly authorized representative
of the Department of Veterans Affairs to visit the place of
instruction or the counseling and testing operations as may be
necessary and to examine the training facilities, the work of the
Veterans in training under this contract, and the records of these
operations, along with any other rights to examine records and
conduct inspections in accordance with the Federal Acquisition
Regulation and clauses contained in the contract or order.
(End of clause)
852.271-75 [Removed and Reserved]
0
3. Remove and reserve section 852.271-75.
0
4. Part 871 is revised to read as follows:
PART 871--VOCATIONAL REHABILITATION AND EMPLOYMENT PROGRAMS
Subpart 871.1 [Reserved]
Subpart 871.2--Vocational Rehabilitation and Employment Service
871.200 Scope of subpart.
871.201 General.
871.201-1 Requirements for the use of contracts.
871.205 Proration of charges.
871.206 Other fees and charges.
871.207 Payment of tuition or fees.
871.208 Rehabilitation facilities.
871.209 Prohibition on advertising--training of Veterans.
871.210 Contract clauses.
Authority: 38 U.S.C. chapter 31; 40 U.S.C. 121(c); 41 U.S.C.
1121(c)(3); 41 U.S.C. 1702; and 48 CFR 1.301 through 1.304.
Subpart 871.1--[Reserved]
Subpart 871.2--Vocational Rehabilitation and Employment Service
871.200 Scope of subpart.
This subpart establishes policy and procedures for the vocational
rehabilitation and employment services as it pertains to the following:
(a) Contracts for training and rehabilitation services.
(b) Approval of institutions (including rehabilitation facilities),
training establishments, and employers under 38 U.S.C. chapter 31.
(c) Contracts for counseling services under 38 U.S.C. chapters 30,
31, 32, 35, and 36.
871.201 General.
871.201-1 Requirements for the use of contracts.
The costs for tuition, fees, books, supplies, and other expenses
are
[[Page 54407]]
allowable under a contract with an institution, training establishment,
or employer for the training and rehabilitation of eligible Veterans
under 38 U.S.C. chapter 31, provided the services meet the conditions
in the following definitions:
(a) Courses of instruction by correspondence means a course of
education or training conducted by mail consisting of regular lessons
or reading assignments, the preparation of required written work that
involves the application of principles studied in each lesson, the
correction of assigned work with such suggestions or recommendation as
may be necessary to instruct the student, the keeping of student
achievement records, and issuance of a diploma, certificate, or other
evidence to the student upon satisfactorily completing the requirements
of the course.
(b) Special services or special courses means those services or
courses that VA requests that are supplementary to those the
institution customarily provides for similarly circumstanced non-
Veteran students and that the contracting officer considers to be
necessary for the rehabilitation of the trainee.
871.205 Proration of charges.
A contract must include the exact formula agreed on for the
proration of charges in the event that the Veteran's program is
interrupted or discontinued before the end of the term, semester,
quarter, or other period, or the program is completed in less time than
stated in the contract.
871.206 Other fees and charges.
VA may pay fees and other charges that are not prescribed by law
but are required by nongovernmental organizations, such as initiation
fees required to become a member of a labor union and the dues
necessary to maintain membership incidental to training on the job or
to obtaining employment during a period in which the Veteran is a
participant pursuant to 38 U.S.C. chapter 31, provided there are no
facilities feasibly available where the necessary training can be
feasibly accomplished or employment obtained without paying such
charges. Payment for such fees must be made in accordance with part
813.
871.207 Payment of tuition or fees.
(a) Contracts, agreements, or arrangements requiring the payment of
tuition or fees must provide either of the following:
(1) Payment for tuition or fees must be made in arrears and must be
prorated in installments over the school year or the length of the
course.
(2) An institution may be paid in accordance with paragraph (b) of
this section, if the institution operates on a regular term, quarter,
or semester basis and normally accepts students only at the beginning
of the term, quarter, or semester and if the institution is one of the
following:
(i) An institution of higher learning that uses a standard unit of
credit recognized by accrediting associations. Such institutions
include those that are members of recognized national or regional
educational accrediting associations, and those that, although not
members of such accrediting associations, grant standard units of
credit acceptable at full value without examination by collegiate
institutions that are members of national or regional accrediting
associations.
(ii) A public tax-supported institution.
(iii) An institution operated and controlled by a State, county, or
local board of education.
(b) An institution that meets the exceptions of paragraph (a)(2) of
this section and that has a refund policy providing for a graduated
scale of charges for purposes of determining refunds may be paid part
or all such tuitions or fees for a term, quarter, or other period of
enrollment immediately following the date on which the refund expires.
(c) Proration of charges does not apply to a fee for noncontinuing
service, such as a registration fee, etc.
(d) The period for which payment of charges may be made is the
period of actual enrollment and is subject to the following:
(1) The effective date is the date of the trainee's entrance into
training status, except that payment may be made for an entire
semester, quarter, or term in institutions operating on that basis if
the trainee enters no later than the final date set by the institution
for enrolling for full credit.
(2) In those cases where the institution has not set a final date
for enrolling for full credit or does not set a date acceptable to VA,
payment may be prorated on the basis of attendance, regardless of the
refund policy.
(3) If an institution customarily charges for the amount of credit
or number of hours of attendance for which a trainee enrolls, payment
may be made on that basis when a trainee enrolls after the final date
permitted for carrying full credit for the semester or term.
871.208 Rehabilitation facilities.
Charges by rehabilitation facilities for the rehabilitation
services provided under 38 U.S.C. chapter 31 are paid in the same
manner as charges for educational and vocational services through
contract, agreement, or other arrangement.
871.209 Prohibition on advertising--training of Veterans.
The training of persons under a VA contract or the fact that the
United States is using the facilities of the institution for training
Veterans must not be used in any way to advertise the institution.
References in the advertising media or correspondence of the
institution shall be limited to a list of courses under 38 U.S.C.
chapter 31 and must not be directed or pointed specifically to
Veterans.
871.210 Contract clauses.
(a) Contracting officers must use the following clauses, as
appropriate, in solicitations and contracts for vocational
rehabilitation and employment services as they pertain to training and
rehabilitation services and contracts for counseling services:
(1) 852.271-72, Time Spent by Counselee in Counseling Process.
(2) 852.271-73, Use and Publication of Counseling Results.
(3) 852.271-74, Inspection of Instruction, Counseling or Testing
Operations.
(b) See 837.110-70(a) for clause 852.237-74, Non-Discrimination in
Service Delivery.
[FR Doc. 2021-20891 Filed 9-30-21; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on October 1, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.