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Office of Acquisition and Logistics (OAL)

 

Regulatory Deviations

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A deviation is the issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the Federal Acquisition Regulation (FAR) or VA Acquisition Regulation (VAAR).  Deviations are processed in accordance with FAR 1.400, Deviations from the FAR; VAAR 801.4, Deviations from the FAR or VAAR.  In general, an approved deviation may authorize lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR or VAAR.

A deviation is either from the FAR or VAAR, and may be either an individual or class deviation.  An individual deviation affects only one contact action, while a class deviation affects more than one contract action.

  • For individual deviations, VAAR 801.403(b) requires a contracting officer to submit a deviation request through the Head of the Contracting Activity (HCA).  Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service at va.procurement.policy@va.gov
  • For class deviations, any VA employee that finds that a class deviation is necessary may submit a request to their respective HCA.  Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service (PPS) at va.procurement.policy@va.gov.

The deviation request must clearly state the circumstances warranting the deviation and the nature of the deviation.

FAR Deviations
Title Date Type Status
FAR 2.101 with Respect to FAR 13.301, Governmentwide Commercial Purchase Card 05/03/2024 Class Active
New Trade Agreement Thresholds 12/28/2023 Class Active
Legal Challenges to Executive Order 14026, Increasing the Minimum Wage for Federal Contractors 10/16/2023 Class Active
Small Business Administration Memorandum on the Verification of Eligibility for the 8(a) Program 09/14/2023 Class Active
Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors - Supplement to Rescind CAAC Letter 2021-03 05/19/2023 Class Active
Threshold for Small Disadvantaged Business (SOB), Superseded by Final Rule issued at 88 FR 53751 on August 8, 2023, with an effective date of September 7, 2023. 12/16/2022 Class Superseded
Provide Time for the System Implementation of Federal Acquisition Circular 2022-08 10/28/2022 Class Active
Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (Revised December 2021)
Rescinded by Class Deviation from the Federal Acquisition Regulation Regarding Implementation of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors - Supplement to Rescind CAAC Letter 2021-03, dated 5/19/23 (see Acq Flash 23-13)		 12/14/2021 Class Rescinded
Requirements for Nonavailability Determinations Under the Buy American Statute 12/01/2021 Class Active
Certification of Women-Owned Small Businesses
Superseded by Final Rule issued at 87 FR 58237 on September 23, 2022, with an effective date of October 28, 2022.		 03/12/2021 Class Superseded
Limitations on Subcontracting for Small Business Concerns, CAAC Letter 2019-01, Supplement 1
Rescinded by Final Rule issued at 86 FR 44233 on 08/11/2021, with an effective date of 09/10/2021		 12/23/2020 Class Rescinded
Class Deviation from FAR to Implement the US-Mexico-Canada Agreement (USMCA)
Superseded by Final Rule issued at 87 FR 73890 on December 1, 2022, with an effective date of December 30, 2022.		 08/17/2020 Class Superseded
Provide for Accelerated Payments to Small Business Contractors and Subcontractors
Superseded by Final Rule issued at 88 FR 9730 on February 14, 2023, with an effective date of March 16, 2023.		 08/07/2020 Class Superseded
To Eliminate Hard Copy Original Documents, Signatures, Notarization, Seals on Bonds, and Other Seals for Certain Contract Requirements 05/12/2020 Class Active
Acquiring Utility Services (VAAR 841.2) (Acquisition Flash! 20-05)
VAAR Deviation only to 841.2 is rescinded by Final Rule issued at 85 FR 60073 on 9/24/2020, effective date is 10/26/2020. FAR Deviation to 41.2 remains active. See Acquisition Flash! 21-02.		 01/31/2020 Class Partially Rescinded
Limitations on Subcontracting for Small Business Concerns (FAR Part 52)
Superseded by Final Rule issued at 85 FR 11746 on February 27, 2020, with an effective date of March 30, 2020.		 07/18/2019 Class Superseded
To Remove the Requirement that Contracting Officers Make a Best Procurement Approach Determination to Use an Interagency Acquisition (FAR Case 2018-015)
Superseded by Final Rule issued at 84 FR 19838 on 05/06/2019.		 04/19/2019 Class Superseded
Increase to the Threshold for Requiring Certified Cost or Pricing Data (FAR Case 2018-005)
Superseded by Final Rule issued at 85 FR 40071 on July 2, 2020, with an effective date of August 3, 2020.		 08/06/2018 Class Superseded
Total Small Business Set-Asides
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 03/22/2018 Class Rescinded
Increasing the Micro-Purchase Threshold and the Simplified Acquisition Threshold (FAR Case 2018-004)
Superseded by Final Rule issued at 85 FR 40064 on February 27, 2020, with an effective date of March 30, 2020.		 03/22/2018 Class Superseded
Removal of the Fair Pay and Safe Workplaces Final Rule(FAR Case 2014-025)
Superseded by Final Rule issued at 82 FR 51527 on 11/6/17.		 10/19/2017 Class Superseded
>Implementing Revised Statutory Conditions for the Exercise of Special Emergency Procurement Authorities (FAR Parts 2, 10, 12, 13, 18, and 26)
Superseded by Final Rule issued at 84 FR 19835 on 05/06/2019		 09/01/2017 Class Superseded
Implement an Act to Enhance Whistleblower Protection for Contractor Employees (FAR Parts 3.9, 52.203-17, 52.212-4(r))
Superseded by Final Rule issued at 88 FR 69517 on 10/5/2023		 07/26/2017 Class Superseded
Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse (FAR Part 12) 04/09/2015 Class Superseded
Permanent Authority for Use of Simplified Acquisition Procedures under FAR 13.5, Test Program for Certain Commercial Items
Superseded by Final Rule issued at 80 FR 38311 on 07/02/2018.		 01/16/2015 Class Superseded
Establishing Minimim Wage for Contractors (52.222-99)
Superseded by Final Rule issued at 80 FR 75915 on 12/4/15.		 09/09/2014 Class Superseded
Set-Asides for Woman-Owned Small Businesses (19.505(b) and (c))
Superseded by Final Rule issued at 79 FR 35864 on 6/24/14.		 06/04/2013 Class Superseded
Approval of Justification (6.304(a)(1)) 12/27/2012 Class Rescinded
Biobased Products Reporting Requirement (52.223-2)
See Acquisition Flash! 15-18		 11/27/2012 Class Expired
Providing Accelerated Payment to Small Business Subcontractors (52.232-99)
Superseded by Final Rule issued at 78 FR 70477 on 11/25/13.		 11/05/2012 Class Superseded
Certification Regarding Responsibility Matters (52.209-5)
Superseded via issuance of FAR Final Rule at 81 FR 67728 on 9/30/16.		 10/22/2012 Class Superseded
Electronic Submission of Invoices (32.905)
Superseded by Final Rule at 77 FR 70708 on 11/27/12.		 12/08/2008 Class Superseded
Test Program for Certain Commercial Items (13.5) 03/01/2010 Class Expired
Updates of Information Regarding Responsibility Matters (52.209-8) 11/02/2010 Class Superseded
Acquisition Information Technology (Part 39) 12/08/2008 Class Superseded
VAAR Deviations
Title Date Type Status
VA Acquisition Regulation Class Deviation to VAAR 815 and Subpart 819.70 07/28/2023 Class Active
VA Acquisition Regulation Class Deviation to VAAR 819.7010, Tiered Set-Aside Evaluation
[Rescinded 07/28/2023. See Acquisition Flash 23-15]		 05/04/2023 Class Rescinded
VA Acquisition Regulation Class Deviation to Make Conforming Changes Required by the Small Business Administration Veteran Small Business Certification Program; Various Parts 02/16/2023 Class Active
Deviation from VA Acquisition Regulation 819 and 852 to implement Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) Certification Requirements
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 09/21/2021 Class Rescinded
Deviation from VA Acquisition Regulation 806.501 and 816.505(b)(8) to change the Official Title of the VA Advocate for Competition and the VA Ombudsman See Acquisition Flash! 21-19
Partially Rescinded at 806.501 only, by Final Rule at 86 FR 54111, effective date 11/1/21. See Acquisition Flash! 22-06.		 09/09/2021 Class Partially Rescinded
Deviation from VA Acquisition Regulation Part 808, Required Sources of Supplies and Services
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 07/20/2021 Class Rescinded
Deviation from VA Acquisition Regulation Part 852—Solicitation Provisions and Contract Clauses
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 12/23/2020 Class Rescinded
Deviation from VA Acquisition Regulation Parts 803, 819, 827, 847 and 849 Regarding Certified Mail Receipt Requested and Mail Requirements 10/01/2020 Class Active
Deviation from VA Acquisition Regulation 808.002, Priorities for Use of Mandatory Government Sources
Supersedes Class Deviation dated 05/20/2019
Superseded by Class Deviation from VAAR Part 808, Required Sources of Supplies and Services, dated July 20, 2021.		 08/14/2020 Class Supersceded
Provide for Accelerated Payments to Small Business Contractors and Subcontractors
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02. The FAR class deviation remains in effect.]		 08/07/2020 Class Partially rescinded
Deviation from VA Acquisition Regulation Parts 802, 812, and 852 Regarding Gray Market and Counterfeit Medical and Information Technology Items
Rescinded by Final Rule at 88 FR 4739, effective date 2/24/23. See Acquisition Flash 23-10		 03/31/2020 Class Rescinded
Acquiring Utility Services (VAAR 841.2) (Acquisition Flash! 20-05)
VAAR Deviation only to 841.2 is rescinded by Final Rule issued at 85 FR 60073 on 9/24/2020, effective date is 10/26/2020. FAR Deviation to 41.2 remains active. See Acquisition Flash! 21-02.		 01/31/2020 Class Partially Rescinded
Deviation from VA Acquisition Regulation (VAAR) Part 801.603-70 - Representatives of Contracting Officers
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 08/22/2019 Class Rescinded
Deviation from VA Acquisition Regulation Part 819, Small Business Programs and Part 852, Solicitation Provisions and Contract Clauses
Partially rescinded by VAAR Deviation dated December 23, 2020 (See Acquisition Flash 21-09)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 07/18/2019 Class Rescinded
Deviation from VA Acquisition Regulation 801.690-3, 801.690-4, 801.690-6, and 801.690-7, Appointment and Termination of Contracting Officer Authority
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 07/12/2019 Class Rescinded
Class Deviation from VAAR 808.002, Priorities for Use of Government Supply Sources and VAAR Subpart 808.6, Acquisition from Federal Prison Industries, Inc.
Supersedes Class Deviation dated February 9, 2018. (See Acquisition Flash! 19-18)
Superseded by Class Deviation dated 08/14/2020 (See Acquisition Flash! 20-24)		 05/20/2019 Class Superseded
Updated Policy on Notice to Proceed (VAAR 836.213-70) (Acquisition Flash! 18-37)
Superseded. Final Rule issued at 84 FR 9968 on 03/19/2019, effective 04/18/2019. See Acquisition Flash! 19-22		 11/26/2018 Class Superseded
To add VA Acquisition Regulation 813.303-5, Purchases under Blanket Purchase Agreements
See Acquisition Flash! 18-25
Rescinded by issuance of revised VAAR 813 Final Rule at 85 FR 16900 on March 25, 2020 with an effective date of April 24, 2020. See Acquisition Flash 20-14.		 08/07/2018 Class Rescinded
Increased Dollar Threshold to the Simplified Acquisition Threshold (SAT) for VA Form 10-2421 (813.307 and 853.213) (Acquisition Flash! 18-30) 08/01/2018 Class Expired
Adding VAAR 819.72, VA Subcontracting Compliance Review Program (SCRP) and associated clauses (Acquisition Flash 18-21)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 06/27/2018 Class Rescinded
Increased Dollar Threshold to the Simplified Acquisition Threshold for VA Form 10-2421 (813.307 and 853.213)
Expired, see Class Deviation dated 08/01/2018.		 03/31/2018 Class Expired
Written Acquisition Plans (VAAR 807.105-70) (Acquisition Flash! 18-18)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 03/08/2018 Class Rescinded
Update Head of Contracting Activity Delegation and Redelegation Authorities; and Increase a Threshold for Review of Acquisition Plans (Acquisition Flash! 18-12)
Partially obsolete due to issuance of revised VAAR parts 811 (see Acq Flash 19-02), 814 (see Acq Flash 18-20), and 832 (see Acq Flash 19-02). HCA delegations at 811.103, 811.202, 814.407-3, 814.407-4, 832.202-1, and 832.501-2 are now obsolete since these sections were either removed or revised in the aforementioned respective VAAR revision. HCA Delegations at 809.405, 809.405-1, and 809.405-2 are now obsolete due to the issuance of revised VAAR 809 at 85 FR 60073 on 09/24/2020. See Acquisition Flash! 21-02.
Rescinded in its entirety due final section 801.602-71 rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 03/08/2018 Class Rescinded
Priorities for Use of Mandatory Government Sources (VAAR 808.002)
Supersedes Class Deviation Attachment 4-Amendment 1 (VFCP FEB 2017), dated 03/01/2017.		 02/09/2018 Class Superseded
Veterans Benefits Administration Authority for Architect-Engineer Services in VA Acquisition Regulation (VAAR) Subpart 836.6 (Acquisition Flash! 17-26)
Final Rule issued at 84 FR 9968 on 03/19/2019, effective 04/18/2019. See Acquisition Flash! 19-22		 07/20/2017 Class Superseded
Debarment, Suspension and Ineligibility (802.101 and 809.4) (Acquisition Flash! 17-20)
Rescinded by Final Rule issued at 85 FR 60073 on 09/24/2020, effective dat is 10/26/2020. See Acquisition Flash! 21-02.		 06/02/2017 Class Rescinded
Review Requirements - OGC (801.602-75) (Acquisition Flash! 17-19)
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 04/12/2017 Class Rescinded
Increased Dollar Threshold to the Simplified Acquisition Threshold for VA Form 10-2421 (813.307 and 853.213)
See Class Deviation dated 08/01/2018.		 03/31/2017 Class Expired
(Revised) Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Veterans First Contracting Program (VFCP 2016)) – Revised Attachment 4, Feb 2017
See Revised Attachment 4 superseded at Class Deviation dated 08/14/2020		 03/01/2017 Class Superseded
Nonmanufacturer Rule Waiver to the Small Business Administration (SBA) (819.102) (Acquisition Flash! 17-13)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 02/17/2017 Class Rescinded
Responsibilities (815.303) (Acquisition Flash! 17-12)
See Acquisition Flash! 20-01		 12/15/2016 Class Superseded
Technical Review Requirements (801.602-71) (Acquisition Flash! 17-01)
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 10/06/2016 Class Rescinded
Approval of the Justification (806.304) (Acquisition Flash! 16-21)
Rescinded by Final Rule at 86 FR 54111, effective date 11/1/21. See Acquisition Flash! 22-06.		 08/10/2016 Class Rescinded
Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Veterans First Contracting Program (VFCP 2016)) – See (1) Class Deviation to VAAR 808.002 and 808.6 dated 5/20/2019 for revisions previously held on Attachment 4; (2) Attachment 8 only rescinded by Final Rule issued at 84 FR 29391 on 06/24/2019, effective date 07/24/2019; (3) Class Deviation to VAAR 819 and 852 dated July 12, 2019 supersedes certain sections in Attachments 9 and 10; (4) Attachments 6 (part 812) and 7 (part 813) only rescinded by Final Rule issued at 85 FR 16900 on 3/25/2020, effective date of 4/24/2020; all remaining text in Attachments 9 and 10 in Class Deviation (VFPC 2016) dated 07/25/2016 continue to be in effect; (5) Attachment 2 (Part 804 only) rescinded by Final Rule issued at 85 FR 36348 on 06/16/2020, effective date of 07/16/2020; (6) Attachment 1 (VIP only), rescinded by Final Rule at 86 FR 54402, Attachment 3 (802.102, 806.201, 806.203-70, 806.302-5-70) rescinded by 86 FR 54111, and Attachment 11 (873.101, 873103) rescinded by 86 FR 54405). (See Acquisition Flash! 16-20, 18-11, 19-28, 20-14, 20-21, 20-24, and 22-06)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/2022. See Acquisition Flash 23-02]		 07/25/2016 Class Rescinded
Required Sources of Supplies and Services, and Priorities for Use of Government Supplies Sources (808 and 808.002) (Acquisition Flash 16-11)
See VFCP Class Deviation dated 07/25/2016 and revisions, and PPM 2016-05.		 05/05/2016 Class Rescinded
Employee Empowerment Initiative (EEI) (801.602-70, 801.602-71, and 801.602-72) (Acquisition Flash! 16-02)
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 12/15/2015 Class Rescinded
Contracts Regarding Option Year Contracts and Terms Exceeding 5 Years (817.204)
Superseded by Final Rule issued at 84 FR 29391 on 6/24/2019, effective date is 7/24/2019.		 12/15/2015 Class Superseded
Employee Empowerment Initiative (EEI) (832.202-1(d) and 832.202) (Acquisition Flash! 16-02)
Rescinded by issuance of revised VAAR 832 Final Rule at 83 FR 49302 on 10/31/2018		 12/15/2015 Class Rescinded
Language Clarification - Requirements (806.501)
Rescinded by class deviation dated 09/09/2021. See Acquisition Flash! 21-30		 12/15/2015 Class Rescinded
Debarment, Suspension and Ineligibility (802.101 and 809.400) (Acquisition Flash! 17-20)
See Class Deviation dated 06/02/2017		 04/30/2015 Class Rescinded
Representatives of Contracting Officers (801.603-70) (Acquisition Flash! 15-04)
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 11/19/2014 Class Rescinded
Ratification of Unauthorized Commitments (801.602-3) (Acquisition Flash! 13-12)
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 05/03/2013 Class Rescinded
Sole Source Awards to Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (819.7007(b)) and Sole Source Awards to Veteran-Owned Small Business (VOSB) Concerns (819.7008(b))
See PPM 2016-05 and Class Deviation dated 07/27/2016		 12/27/2012 Class Rescinded
Indefinite-quantity contracts (816.504) 10/11/2012 Class Rescinded
Continuation of Contracts (809.405-1)
See Class Deviation dated 04/30/2015		 10/01/2012 Class Replaced
Eligibility (819.7003) 06/01/2012 Class Expired
Deviation for Deputy Senior Procurement Executive Duties (801.304) (Acquisition Flash! 12-23)
Rescinded by Final Rule at 86 FR 70745, effective date 12/21/22. See Acquisition Flash 23-03		 04/16/2012 Class Rescinded
Representation of Contracting Officers (801.603-70)
See Class Deviation dated 11/19/2014		 10/20/2010 Class Replaced
Vendor Information Pages Deviation (804.1102) 09/10/2010 Class Expired
Documents to submit for legal or technical review - contract modifications (801.602-83)   Individual  
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