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Acquisition Policy Flash! 21-06

What's New?

Contracts for Hurricane Eta Relief Efforts

Purpose: This Acquisition Policy Flash provides guidance to the Department of Veterans Affairs (VA) acquisition workforce regarding the Department of Labor’s, Office of Federal Contract Compliance Programs (OFCCP), National Interest Exemption (NIE) for new Federal contracts for Hurricane Eta relief efforts.

Effective Date: Immediately.

Affected FAR Parts: FAR 52.222-26, 52.222-35, and 52.222-36.

Background: Considering the devastation caused by Hurricane Eta, the OFCCP issued NIE memorandums which provide temporary exemption from certain FAR requirements. The exemption period for Hurricane Eta is from November 12, 2020 through February 12, 2021.

For the duration of the exemption periods, new Federal contracts for Hurricane Eta relief should contain a provision exempting the contractor from having to develop written affirmative action programs required by Executive Order 11246, as amended; the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), as amended; and Section 503 of the Rehabilitation Act of 1973, as amended.

Applicability: This Acquisition Policy Flash applies to all VA contracting activities awarding contracts for Hurricane Eta disaster relief.

Action Required: Contracting Officers should follow the Procedures, Guidance and Instructions (PGI) for FAR Part 18 located on the Acquisition Knowledge Portal.

Additional Information: Direct any questions or comments regarding this Acquisition Flash to Procurement Guidance and Instruction Service (PGIS) via email at VAPGISMailbox@va.gov.

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