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Acquisition Policy Flash! 18-20

What's Changed?

Notification of the publication of the revised Department of Veterans Affairs Acquisition Regulation (VAAR) Parts 803, 814, 822 and Issuance of new VA Acquisition Manual (VAAM) Parts M803, M814, and M822

Purpose:  The purpose of the Acquisition Flash is to notify the VA Acquisition Workforce of the publication of the revised VA Acquisition Regulation (VAAR) and the publication of new VA Acquisition Manual (VAAM) parts M803, M814, and M822.

VAAR/VAAM Parts/Sections Impacted:  VAAR Parts 803, 814, and 822, and affected parts 801, 802, 812, and 852; and VAAM Parts M803, M814, and M822.

Effective Date:  May 16, 2018.

Background:  In order to enhance department level guidance for all VA acquisitions, a VA Acquisition Update was issued that contains revisions to the VAAR.  The revisions were published in a Federal Register Notice, RIN 2900-AP50, as a Final Rule at 83 FR 16206 (document number 2018-07833) on April 16, 2018.  This final rule results from the proposed rule published on May 17, 2017 and is codified in eCFR with an effective date of May 16, 2018.

Additionally, the new VA Acquisition Manual (VAAM) is also being published to implement VAAM parts M803, Improper Business Practices and Personal Conflicts of Interest; M814, Sealed Bidding, and M822, Application of Labor Laws to Government Acquisitions.  As a result of both the VAAR revisions and VAAM implementation, PPM 2017-06 (Rev 1), Project Labor Agreements dated August 23, 2017, and VA PPM 2017-06, same title, dated February 3, 2017, are rescinded.

The VAAR is issued to implement and supplement the FAR to meet VA’s specific needs, as well as to implement VA-specific statutory requirements.  The VAAR is codified under chapter 8 in Title 48, Code of Federal Regulations.  The VAAR parallels the FAR in format, arrangement, and numbering system in accordance with FAR 1.303(a).  The VA Acquisition Manual (VAAM) is not codified, but also parallels the FAR and VAAR in format, arrangement, and numbering system.  The VAAM contains internal procedural guidance and will be updated as necessary to reflect changes in Federal and VA acquisition policy.  VA’s acquisition professionals are expected to consult with the FAR, VAAR, and the VAAM (in that order) and any issued Class Deviations or Procurement Policy Memorandums that are issued, when researching acquisition policy.  The following changes were incorporated:

  1. A new VA Acquisition Update 2008-06 dated May 16, 2018, that contain revisions to VAAR parts 803, 814, and 822, and affected parts 801, 802, 812, and 852, that were published in a Federal Register Notice as a final rule at 83 FR 16206 (document number 2018-07833) on April 16, 2018, and which adopted as a final rule the proposed rule published on May 17, 2017;
  2. The implementation of the VA Acquisition Manual for parts M803, Improper Business Practices and Personal Conflicts of Interest; M814, Sealed Bidding; and M822, Application of Labor Laws to Government Acquisitions; and,
  3. Due to its incorporation into the VAAM, PPM 2017-06 (Rev 1), Project Labor Agreements dated August 23, 2017 and VA PPM 2017-06, same title, dated February 3, 2017, are rescinded.

Applicability:  This notification is directed to the VA acquisition workforce.

Action Required:  Comply with the requirements of VAAR parts 803, 814, and 822, the affected parts and VAAM parts M803, M814, and M822, accordingly.

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at (202) 632-5288 or va.procurement.policy@va.gov.