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Acquisition Policy Flash! 23-02

What's Changed?

VA Acquisition Regulation Update Number 2008-33

Purpose: To notify the VA acquisition workforce of the publication of revised VAAR parts 807, 808, 810, and 819, and their affected parts 802, 813, 832, 852 and 853.

Affected VAAR Parts: VAAR parts 802, 807, 808, 810, 813, 819, 832, 852, and 853.

Effective Date: November 17, 2022.

Background: VAAR Update Number 2008-33 dated November 17, 2022 contains revisions to VAAR parts 802, 807, 808, 810, 813, 819, 832, 852, and 853 published in a Federal Register Notice as a final rule at 87 FR 62999 (document number 2022-21541) on October 18, 2022, with an effective date of November 17, 2022, and which adopted as a final rule the proposed rule published March 9, 2022. Due to the publishing of the revised VAAR parts, the following VA acquisition policies are rescinded:

  1. Class Deviation from VA Acquisition Regulation 819 and 852 to implement Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) Certification Requirements, dated 9/21/21.
  2. Class Deviation from VA Acquisition Regulation Part 808, Required Sources of Supplies and Services, dated 7/20/21.
  3. Class Deviation from VA Acquisition Regulation Part 852—Solicitation Provisions and Contract Clauses, dated 12/23/20.
  4. Class Deviation from the Federal Acquisition Regulation and VA Acquisition Regulation to Provide for Accelerated Payments to Small Business Contractors and Subcontractors, dated 8/7/2020, partially rescinded in the removal of VAAR subpart 832.9. The FAR class deviation remains in effect.
  5. Class Deviation from VA Acquisition Regulation Part 819, Small Business Programs and Part 852, Solicitation Provisions and Contract Clauses, dated 7/18/19.
  6. Class Deviation to VA Acquisition Regulation (VAAR) 819.72, 852.219-74, 852.219-75, and 852.219-76, dated 6/27/18.
  7. Class Deviation from Federal Acquisition Regulation 19.502-2, Total small business set-asides, dated 3/22/18.
  8. Class Deviation to Veterans Affairs Acquisition Regulation (VAAR) 807.105-70, Written Acquisition Plans, dated 3/8/18.
  9. Class Deviation — Authority to approve the submission of a request for a Nonmanufacturer Rule Waiver to the Small Business Administration (SBA) and use of other than competitive procedures or restricted competition as defined in 38 U.S.C. § 8127, for procurements where SBA has issued a class waiver to the Nonmanufacturer Rule, dated 2/17/17.
  10. 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 7/25/16.

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

Action Required: Comply with the requirements of the abovementioned revised and affected VAAR parts.

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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