Office of Acquisition and Logistics (OAL)
Acquisition Flash! 22-13
VAAM M825 - Foreign Acquisition
Purpose: The purpose of this Acquisition Flash is to notify the VA acquisition community that VAAM M825 has been substantially revised to ensure full compliance with the requirements of Executive Order (E.O.) 14005 and guidance put forth by the Made in America Office (MIAO).
Effective Date: February 2, 2022
VAAR/VAAM Parts Impacted: VAAM M825 Foreign Acquisition.
Background: E.O. 14005, Ensuring the Future is Made in All of America by All of America’s Workers, created a new digital waiver process for the approval of nonavailability waivers. The E.O. also created a new office, the Made in America Office, to provide oversight. In support of E.O. 14005, on June 11, 2021, OMB issued Memorandum M-21-26, “Increasing Opportunities for Domestic Sourcing and Reducing the Need for Waivers from Made in America Laws,” which outlined information that agencies must report to establish nonavailability. The memorandum directed Senior Accountable Officials (SAOs) for Domestic Sourcing to take immediate action in coordination with agency senior procurement executives (SPEs) to ensure any proposed nonavailability waivers under consideration are effectively justified.
Internal VA procedures require determination of nonavailability approval by the VA Senior Accountable Official (SAO) prior to submitting a waiver to the MadeinAmerica.gov website. The VA Chief Acquisition Officer has been designated as the VA SAO. An internal VA mailbox has been set up to facilitate the review process. Waivers must be approved by the MIAO prior to making award.
As part of a temporary pilot program, Procurement Policy and Systems Oversight/Risk Management and Compliance Service (PPSO/RMCS) will be responsible for uploading all waivers to the MadeinAmerica.gov website through SAM.gov. RMCS will provide waiver status to the cognizant contracting officer. After the expiration of the pilot program, contracting officers will be responsible for posting waivers to MadeinAmerica.gov. The VAAM will be revised to notify the acquisition community of the expiration of the pilot program.
Applicability: This Acquisition Flash applies to all VA acquisition solicitations and/or contracts where the Buy American Act (BAA) applies.
Additional Information: Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Guidance and Instruction Service (003A2B) at VAPGISMailbox@va.gov.
