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Acquisition Flash! 23-01

What's Changed?

Class Deviation from the Federal Acquisition Regulation to Provide Time for the System Implementation of Federal Acquisition Circular 2022-08

Purpose: To issue a class deviation in accordance with Federal Acquisition Regulation (FAR) 1.404, to utilize new policies in the Federal Acquisition Circular (FAC) 2022-08 (87 FR 58218) published on September 23, 2022, with an effective date of October 28, 2022. This deviation allows VA to use the new policies while the Integrated Award Environment (IAE) updates the Federal e-business systems (i.e., the System for Award Management (SAM)). Federal agencies are authorized by the Civilian Agency Acquisition Council letter 2023-01, dated October 19, 2022, to issue a class deviation.

FAR Parts Referenced: FAR parts 19 and 52.

Effective Date: October 28, 2022.

Background: The FAR cases in FAC 2022-08 make changes to entity representations in SAM (i.e., FAR provisions 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, at paragraph (c) and 52.219-1, Small Business Program Representations, also at paragraph (c). Starting October 28, 2022, the new version of these two provisions will be shown on eCFR and acquisition.gov, but will not appear on SAM. Until the SAM system is updated, contracting officers cannot rely on certain representations in SAM. Therefore, it is recommended that contracting officers follow the procedures in the class deviation.

Contracting officers are reminded that VAAR subpart 819.70, the VA Veterans First Contracting Program, takes precedence where applicable (see 819.7003(c)), pursuant to 38 U.S.C. 8127.

Applicability: The class deviation applies to solicitation and contracts for services, including construction.

Action Required: Contracting officers should comply with the class deviation to implement the aforementioned changes.

Additional Information: Direct any questions or comments regarding this deviation to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at va.procurement.policy@va.gov.

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