80 FR 12564 - Department of Veterans Affairs Acquisition Regulation: Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status Protests
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 80, Issue 46 (March 10, 2015)
Federal Register Volume 80, Issue 46 (March 10, 2015)
| Page Range | 12564-12566 | |
| FR Document | 2015-05505 |
[Federal Register Volume 80, Number 46 (Tuesday, March 10, 2015)] [Rules and Regulations] [Pages 12564-12566] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-05505] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF VETERANS AFFAIRS 48 CFR Part 819 RIN 2900-AM92 Department of Veterans Affairs Acquisition Regulation: Service- Disabled Veteran-Owned and Veteran-Owned Small Business Status Protests AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document adopts as a final rule, without change, the interim final rule published in the Federal Register on September 30, 2013. This document implements a portion of the Veterans Benefits, Health Care, and Information Technology Act of 2006, which requires the Department of Veterans Affairs (VA) to verify ownership and control of Veteran-owned small businesses (VOSBs), including service-disabled Veteran-owned small businesses (SDVOSBs), in order for these firms to participate in [[Page 12565]] VA acquisitions set asides for SDVOSB/VOSBs. Specifically, VA amends its adjudication procedures for SDVOSB and VOSB status protests, to provide that VA's Director, Center for Verification and Evaluation (CVE), shall initially adjudicate SDVOSB and VOSB status protests, and to provide that protested businesses, if they are denied status, may appeal to VA's Executive Director, Office of Small and Disadvantaged Business Utilization (OSDBU). SDVOSB/VOSB status protests occur when during a particular SDVOSB/VOSB set aside acquisition, a competing vendor in acquisition challenges the status of the putative awardee as an actual SDVOSB or VOSB, as applicable. Additionally, VA amends the title of CVE from the Center for Veterans Enterprise to the Center for Verification and Evaluation, to more appropriately represent the function of this office. DATES: Effective Date: This final rule is effective March 10, 2015. FOR FURTHER INFORMATION CONTACT: Cheryl Duckett-Moody, Senior Procurement Analysis (003A2A), Department of Veterans Affairs, 425 I ST. NW., Washington, DC 20001, (202) 632-5319. (This is not a toll free number.) SUPPLEMENTARY INFORMATION: On September 30, 2013, VA published in the Federal Register (78 FR 59861) an interim final rule that revised the interim adjudication procedures for SDVOSB and VOSB status protests to provide that VA's Director of CVE shall initially adjudicate SDVOSB and VOSB status protests and to provide that either the protesting party or the protested business may appeal the Director of CVE's decision to the Executive Director of OSDBU. In addition, the interim final rule described procedures used by both VA's Director of CVE and the Executive Director of OSDBU to use in status protest and appeals of status protests. As noted in the preamble to the interim final rule, VA has concluded that it will not utilize the U.S. Small Business Administration (SBA) to consider and decide VA SDVOSB and VOSB status protests on behalf of VA because this program is founded in Title 38 of the U.S. Code, solely applicable to VA acquisitions, and VA has developed appropriate internal expertise in adjudicating SDVOSB/VOSB status protests. We provided a 60-day comment period that ended on November 29, 2013. We received one comment. The commenter discussed the SBA's view expressed in the Government Accountability Office (GAO) bid protest case Latvian Connection LLC, (GAO Case Number B-408633) that under 15 U.S.C. 644(j)(1) and 13 CFR 125.2(f)(1) there is an automatic small business set-aside requirement imposed even where the competition takes place outside of the United States. This comment addressed an issue that is beyond the scope of the request for comments. Therefore, we make no changes based on this comment. Based on the rationale set forth in the interim final rule, we adopt the interim final rule as a final rule without change. Administrative Procedure Act This document affirms the amendments in the interim final rule that is already in effect. In accordance with 5 U.S.C. 553(b)(B) and (d)(3), the Secretary of VA concluded that there was good cause to dispense with advance public notice and the opportunity to comment on this rule, and also good cause to publish this rule with an immediate effective date. VA provided that the Executive Director, OSDBU, shall consider and decide SDVOSB and VOSB status protests until VA and SBA executed an interagency agreement for SBA to consider and decide SDVOSB and VOSB status protests. For the reasons stated in 78 FR 59861, that VA has developed the necessary expertise to administer a SDVOSB/VOSB set aside program, including associated status protests, enacted in statute solely applicable to VA, we have determined that adjudication of SDVOSB and VOSB status protests shall remain within VA. Therefore, we are adopting as final the interim provision to provide that the Director, CVE, shall initially adjudicate SDVOSB and VOSB status protests and to provide that either the protester or the protested business may appeal the Director, CVE, decision to the Executive Director, OSDBU. Thus, the final rule continues to authorize an administrative appeal at the agency level, where the lack thereof had been criticized in Miles Construction, LLC v. United States, 108 Fed. Cl. 792 (2013), as not providing a party adequate due process and the opportunity to be heard at a meaningful time in a meaningful manner. 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 final arbiter of VA SDVOSB and VOSB status protests remains the Executive Director, OSDBU, as previously promulgated. The main change is that the Secretary has determined that SBA should not be involved in VA SDVOSB or VOSB status protests because these status protests are solely associated with title 38 SDVOSB and VOSB set-aside acquisitions where SDVOSB or VOSB status is to be determined by the Secretary pursuant to 38 U.S.C. 8127(f). On this basis, the Secretary certifies that the adoption of 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. Therefore, under 5 U.S.C. 605(b), this rulemaking is exempt from the initial and final regulatory flexibility analysis requirements of sections 603 and 604. Unfunded Mandates The Unfunded Mandates Reform Act of 1995, at 2 U.S.C. 1532, requires that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in an 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. Paperwork Reduction Act This final rule contains no collections of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the 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. Executive Order 12866 (Regulatory Planning and Review) defines a ``significant regulatory action'' requiring review by the Office of Management and Budget (OMB), unless OMB waives such review, as ``any regulatory action that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, [[Page 12566]] or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Executive Order.'' The economic, interagency, budgetary, legal, and policy implications of this regulatory action have been examined, and it has been determined not to be 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 Web site at http://www.va.gov/orpm/, by following the link for VA Regulations Published from FY 2004 to FYTD. Catalog of Federal Domestic Assistance There is no Catalog of Federal Domestic Assistance number or title for this program. 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. Jose D. Riojas, Chief of Staff, Department of Veterans Affairs, approved this document on March 2, 2015, for publication. List of Subjects in 48 CFR Part 819 Administrative practice and procedure, Government procurement, Reporting and recordkeeping requirements, Small businesses, Veterans. Dated: March 5, 2015. Michael P. Shores, Chief, Impact Analyst, Office of Regulation Policy & Management, Office of the General Counsel, U.S. Department of Veterans Affairs. Accordingly, VA adopts the interim final rule amending 48 CFR part 819, which was published in the Federal Register at 78 FR 59861 on September 30, 2013, as a final rule without change. [FR Doc. 2015-05505 Filed 3-9-15; 8:45 am] BILLING CODE 8320-01-P
![12564 Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations
in the Unfunded Mandates Reform Act Fairness Act of 1996, generally provides not be challenged later in proceedings to
of 1995 (Pub. L. 104–4); that before a rule may take effect, the enforce its requirements. (See section
• Does not have Federalism agency promulgating the rule must 307(b)(2).)
implications as specified in Executive submit a rule report, which includes a
List of Subjects in 40 CFR Part 52
Order 13132 (64 FR 43255, August 10, copy of the rule, to each House of the
1999); Congress and to the Comptroller General Environmental protection, Air
• Is not an economically significant of the United States. EPA will submit a pollution control, Carbon monoxide,
regulatory action based on health or report containing this action and other Incorporation by reference,
safety risks subject to Executive Order required information to the U.S. Senate, Intergovernmental relations, Lead,
13045 (62 FR 19885, April 23, 1997); the U.S. House of Representatives, and Nitrogen dioxide, Ozone, Particulate
• Is not a significant regulatory action the Comptroller General of the United matter, Reporting and recordkeeping
subject to Executive Order 13211 (66 FR States prior to publication of the rule in requirements, Sulfur oxides, Volatile
28355, May 22, 2001); the Federal Register. A major rule organic compounds.
• Is not subject to requirements of cannot take effect until 60 days after it
Dated: February 4, 2015.
Section 12(d) of the National is published in the Federal Register.
H. Curtis Spalding,
Technology Transfer and Advancement This action is not a ‘‘major rule’’ as
Act of 1995 (15 U.S.C. 272 note) because defined by 5 U.S.C. 804(2). Regional Administrator, EPA New England.
application of those requirements would Under section 307(b)(1) of the Clean Part 52 of chapter I, title 40 of the
be inconsistent with the Clean Air Act; Air Act, petitions for judicial review of Code of Federal Regulations is amended
and this action must be filed in the United as follows:
• Does not provide EPA with the States Court of Appeals for the
discretionary authority to address, as appropriate circuit by May 11, 2015. PART 52—APPROVAL AND
appropriate, disproportionate human Filing a petition for reconsideration by PROMULGATION OF
health or environmental effects, using the Administrator of this final rule does IMPLEMENTATION PLANS
practicable and legally permissible not affect the finality of this action for
methods, under Executive Order 12898 the purposes of judicial review nor does ■ 1. The authority citation for part 52
(59 FR 7629, February 16, 1994). it extend the time within which a continues to read as follows:
In addition, the SIP is not approved petition for judicial review may be filed, Authority: 42 U.S.C. 7401 et seq.
to apply on any Indian reservation land and shall not postpone the effectiveness
or in any other area where EPA or an of such rule or action. Parties with Subpart OO—Rhode Island
Indian tribe has demonstrated that a objections to this direct final rule are
tribe has jurisdiction. In those areas of encouraged to file a comment in ■ 2. In § 52.2070 the table in paragraph
Indian country, the rule does not have response to the parallel notice of (c) is amended by adding a new entry
tribal implications and will not impose proposed rulemaking for this action entitled ‘‘Air Pollution Control
substantial direct costs on tribal published in the proposed rules section Regulation 49’’ after the entry for ‘‘Air
governments or preempt tribal law as of today’s Federal Register, rather than Pollution Control Regulation 45’’ to read
specified by Executive Order 13175 (65 file an immediate petition for judicial as follows:
FR 67249, November 9, 2000). review of this direct final rule, so that
The Congressional Review Act, 5 EPA can withdraw this direct final rule § 52.2070 Identification of plan.
U.S.C. 801 et seq., as added by the Small and address the comment in the * * * * *
Business Regulatory Enforcement proposed rulemaking. This action may (c) EPA Approved regulations.
EPA-APPROVED RHODE ISLAND REGULATIONS
State effective
State citation Title/subject EPA approval date Explanations
date
* * * * * * *
Air Pollution Control Regulation Transportation Conformity ............ 10/20/2011 3/10/2015 [Insert Federal Reg-
49. ister citation].
* * * * * * *
* * * * * DEPARTMENT OF VETERANS SUMMARY: This document adopts as a
[FR Doc. 2015–05260 Filed 3–9–15; 8:45 am] AFFAIRS final rule, without change, the interim
BILLING CODE 6560–50–P final rule published in the Federal
48 CFR Part 819 Register on September 30, 2013. This
document implements a portion of the
RIN 2900–AM92 Veterans Benefits, Health Care, and
Information Technology Act of 2006,
mstockstill on DSK4VPTVN1PROD with RULES
Department of Veterans Affairs which requires the Department of
Acquisition Regulation: Service- Veterans Affairs (VA) to verify
Disabled Veteran-Owned and Veteran- ownership and control of Veteran-
Owned Small Business Status Protests owned small businesses (VOSBs),
AGENCY: Department of Veterans Affairs. including service-disabled Veteran-
owned small businesses (SDVOSBs), in
ACTION: Final rule.
order for these firms to participate in
VerDate Sep<11>2014 16:34 Mar 09, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1](https://thefederalregister.org/doc/80_FR_12610/page/1.svg)
![12566 Federal Register / Vol. 80, No. 46 / Tuesday, March 10, 2015 / Rules and Regulations
or tribal governments or communities; Register at 78 FR 59861 on September While NMFS has jurisdiction over the
(2) Create a serious inconsistency or 30, 2013, as a final rule without change. Hawaiian monk seal, we are responsible
otherwise interfere with an action taken [FR Doc. 2015–05505 Filed 3–9–15; 8:45 am] for updating the List of Endangered and
or planned by another agency; (3) BILLING CODE 8320–01–P
Threatened Wildlife (List) in title 50 of
Materially alter the budgetary impact of the Code of Federal Regulations (CFR) at
entitlements, grants, user fees, or loan 50 CFR 17.11(h). This final rule is an
programs or the rights and obligations of DEPARTMENT OF THE INTERIOR administrative action to adopt the
recipients thereof; or (4) Raise novel change already published by NMFS.
legal or policy issues arising out of legal Fish and Wildlife Service This action ensures that the List shows
mandates, the President’s priorities, or the Hawaiian monk seal’s most recently
the principles set forth in this Executive 50 CFR Part 17 accepted scientific name in accordance
Order.’’ with 50 CFR 17.11(b).
[Docket No. FWS–HQ–ES–2015–0007;
The economic, interagency, 4500030113] Administrative Procedure Act
budgetary, legal, and policy
RIN 1018–BA73 Because NMFS provided a public
implications of this regulatory action
comment period on the direct final rule
have been examined, and it has been Endangered and Threatened Wildlife to update the taxonomy and
determined not to be a significant and Plants; Taxonomy of the Hawaiian nomenclature of the Hawaiian monk
regulatory action under Executive Order Monk Seal seal, and because this action of the
12866. VA’s impact analysis can be Service to amend the List in accordance
found as a supporting document at AGENCY: Fish and Wildlife Service,
Interior. with the determination by NMFS is
http://www.regulations.gov, usually nondiscretionary, the Service finds good
within 48 hours after the rulemaking ACTION: Final rule.
cause that the notice and public
document is published. Additionally, a comment procedures of 5 U.S.C. 553(b)
copy of the rulemaking and its impact SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), are amending are unnecessary for this action. We also
analysis are available on VA’s Web site find good cause under 5 U.S.C. 553(d)(3)
at http://www.va.gov/orpm/, by the List of Endangered and Threatened
Wildlife to reflect the scientifically to make this rule effective immediately.
following the link for VA Regulations This rule is an administrative action to
Published from FY 2004 to FYTD. accepted taxonomy and nomenclature of
the Hawaiian monk seal (Neomonachus reflect the scientifically accepted
Catalog of Federal Domestic Assistance schauinslandi (=Monachus taxonomy and nomenclature of the
schauinslandi)). This amendment is Hawaiian monk seal in the List of
There is no Catalog of Federal based on a previously published Endangered and Threatened Wildlife at
Domestic Assistance number or title for determination by the National Marine 50 CFR 17.11(h). The public would not
this program. Fisheries Service (NMFS) of the be served by delaying the effective date
National Oceanic and Atmospheric of this rulemaking action.
Signing Authority
Administration, Department of List of Subjects in 50 CFR Part 17
The Secretary of Veterans Affairs, or Commerce, which has jurisdiction for
designee, approved this document and this species. Endangered and threatened species,
authorized the undersigned to sign and Exports, Imports, Reporting and
DATES: This rule is effective March 10, recordkeeping requirements,
submit the document to the Office of the 2015.
Federal Register for publication Transportation.
FOR FURTHER INFORMATION CONTACT: Jean
electronically as an official document of Regulation Promulgation
Higgins, NMFS, Pacific Islands Regional
the Department of Veterans Affairs. Jose
Office, (808) 725–5151; or Marta Accordingly, we amend part 17,
D. Riojas, Chief of Staff, Department of
Nammack, NMFS, Office of Protected subchapter B of chapter I, title 50 of the
Veterans Affairs, approved this
Resources, (301) 427–8469. Code of Federal Regulations, as set forth
document on March 2, 2015, for
publication. SUPPLEMENTARY INFORMATION: In below:
accordance with the Endangered
List of Subjects in 48 CFR Part 819 Species Act of 1973, as amended (16 PART 17—[AMENDED]
U.S.C. 1531 et seq.), and Reorganization
Administrative practice and ■ 1. The authority citation for part 17
Plan No. 4 of 1970 (35 FR 15627;
procedure, Government procurement, continues to read as follows:
October 6, 1970), NMFS has jurisdiction
Reporting and recordkeeping over the Hawaiian monk seal. Authority: 16 U.S.C. 1361–1407; 1531–
requirements, Small businesses, On November 17, 2014, NMFS 1544; 4201–4245, unless otherwise noted.
Veterans. published a direct final rule (79 FR ■ 2. Amend § 17.11(h) by revising the
Dated: March 5, 2015. 68371) to announce the revised entry for ‘‘Seal, Hawaiian monk’’ under
Michael P. Shores, taxonomy of the Hawaiian monk seal. MAMMALS in the List of Endangered
Chief, Impact Analyst, Office of Regulation Because NMFS did not receive any and Threatened Wildlife to read as
Policy & Management, Office of the General adverse comments during the first 30 follows:
Counsel, U.S. Department of Veterans Affairs. days of the direct final rule’s comment
period, that direct final rule’s effective § 17.11 Endangered and threatened
mstockstill on DSK4VPTVN1PROD with RULES
Accordingly, VA adopts the interim date is January 16, 2015. Please refer to wildlife.
final rule amending 48 CFR part 819, that rule for information on the * * * * *
which was published in the Federal taxonomy of the Hawaiian monk seal. (h) * * *
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Document Created: 2018-02-21 09:34:51
Document Modified: 2018-02-21 09:34:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective Date: This final rule is effective March 10, 2015. | |
| Contact | Cheryl Duckett-Moody, Senior Procurement Analysis (003A2A), Department of Veterans Affairs, 425 I ST. NW., Washington, DC 20001, (202) 632-5319. (This is not a toll free number.) | |
| FR Citation | 80 FR 12564 | |
| RIN Number | 2900-AM92 | |
| CFR Associated | Administrative Practice and Procedure; Government Procurement; Reporting and Recordkeeping Requirements; Small Businesses and Veterans |
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