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Acquisition Policy Flash! 19-28

What's Changed?

Revised - Notification of the Publication of Revised Department of Veterans Affairs Acquisition Regulation (VAAR) Part 817, Special Contracting Methods and New VA Acquisition Manual (VAAM) Part M817, Special Contracting Methods

Purpose:  To notify the VA Acquisition workforce of the publication of revised VAAR part 817 and its affected part 852; as well as the publication of new VAAM part M817. This Acquisition Flash is revised to also reflect that VA Procurement Policy Memorandum (PPM) 2017-04, Interagency Acquisitions (IAs), Guidance, and Procedures, dated October 27, 2016, is rescinded as a result of the publication of new VAAM part M817.

VAAR/VAAM Parts Impacted:  VAAR parts 817 and 852; VAAM part M817.

Effective Date:  July 24, 2019.

Background:  The VAAR is issued to implement policies and procedures governing VA acquisitions, to 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.

In order to enhance the department level guidance for all VA acquisitions, VAAR Update Number 2008-15, dated July 24, 2019 contains revisions to VAAR parts 817–Special Contracting Methods and affected part 852, that were published in a Federal Register Notice as a final rule at 84 FR 29391 (document number 2019-12759) on June 24, 2019 with an effective date of July 24, 2019, and which adopted as a final rule the proposed rule published December 27, 2018.

Due to the revision of VAAR part 817 and the publishing of new VAAM part M817, the following VA acquisition policies are rescinded:

1) Class Deviation from VA Acquisition Regulation (VAAR) 817.204, Contracts Regarding Option Year Contracts and Terms Exceeding 5 years, dated December 2, 2015, is rescinded;

2) Class Deviation—Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Class Deviation—Veterans First Contracting Program (VFCP) 2016), dated July 26, 206, Attachment 8, Special Contracting Methods only, is rescinded.

3) VA Procurement Policy Memorandum (PPM) 2017-04, Interagency Acquisitions (IAs), Guidance, and Procedures, dated October 27, 2016, is rescinded.

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

Action Required:  Comply with the requirements of the abovementioned revised and affected VAAR part, and new VAAM part.

Additional Information:  Direct any questions or comments to Procurement Policy and Warrant Management Services via email at va.procurement.policy@va.gov or (202) 632-5288.

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