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[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Rules and Regulations]
[Page 18300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9602]

[[Page 18300]]

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DEPARTMENT OF VETERANS AFFAIRS

48 CFR Parts 807 and 852

RIN 2900-AI61

Removal of Certain Limitations on Cost Comparisons Related to 
Contracting Out of Activities at VA Health-Care Facilities

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document amends the Department of Veterans Affairs (VA) 
Acquisition Regulations (VAAR) by removing certain limitations on cost 
comparisons related to contracting out of activities at VA health-care 
facilities that are not direct patient care activities nor incident to 
direct patient care. This reflects statutory changes made by the 
Veterans' Health Care Eligibility Reform Act of 1996 (Pub. L. 104-262).

EFFECTIVE DATE: April 15, 1997.

FOR FURTHER INFORMATION CONTACT:
Don Kaliher, Acquisition Policy Team (95A), Office of Acquisition and 
Materiel Management, Department of Veterans Affairs, 810 Vermont Ave., 
NW., Washington, DC 20420, (202) 273-8819.

SUPPLEMENTARY INFORMATION: Previously, 38 U.S.C. 8110(c) placed certain 
restrictions on Veterans Health Administration (VHA) cost comparison 
studies (studies similar to those conducted pursuant to Office of 
Management and Budget (OMB) Circular A-76). Prior to the effective date 
of this document, these restrictions were reflected in VAAR sections 
807.302, 807.304-72, 852.207-71, and 852.207-72. Section 305 of Public 
Law 104-262, the Veterans' Health Care Eligibility Reform Act of 1996, 
amended 38 U.S.C. 8110(c), deleting its restrictions on the conduct of 
cost comparison studies at VHA facilities. Therefore, this document 
removes provisions of the VAAR to correspond with the statutory 
changes. In the absence of these VAAR provisions, VHA cost comparison 
studies will be performed in accordance with, to the extent applicable, 
remaining provisions of the VAAR, the Federal Acquisition Regulation, 
VHA directives, OMB Circular A-76, Circular A-76 Revised Supplemental 
Handbook, and other provisions of law.
    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. This final rule merely reflects statutory changes and would not 
cause a significant effect on any entities. Therefore, pursuant to 5 
U.S.C. 605(b), this final rule is exempt from the initial and final 
regulatory flexibility analyses requirements of sections 603 and 604.

List of Subjects in 48 CFR Parts 807 and 852

    Government procurement.

    Approved: April 4, 1997.
Jesse Brown,
Secretary of Veterans Affairs.
    For the reasons set forth in the preamble, 48 CFR parts 807 and 852 
are amended as follows:
    1. The authority citation for part 807 is revised to read as 
follows:

    Authority: 38 U.S.C. 501; 40 U.S.C. 486(c).

PART 807--ACQUISITION PLANNING

Subpart 807.3--Contractor Versus Government Performance

807.302, 807.304-72  [ Removed]

    2. Sections 807.302 and 807.304-72 are removed.

PART 852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. The authority citation for part 852 is revised to read as 
follows:
    Authority: 38 U.S.C. 501; 40 U.S.C. 486(c).

Subpart 852.2--Texts of Provisions and Clauses

852.207-71, 852.207-72  [Removed]

    3. Sections 852.207-71 and 852.207-72 are removed.

[FR Doc. 97-9602 Filed 4-14-97; 8:45 am]
BILLING CODE 8320-01-M
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