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Office of Acquisition and Logistics (OAL)

 

Veterans First Contracting Program, 38 U.S.C. 8127 & 8128 Implementation Policy and Procedures

This page serves as the electronic reading room for documents associated with the Implementation of the Veterans First Contracting Program as a Result of the U. S. Supreme Court Decision.

Associated Documents
Document Title Dated
Acquisition Policy Flash! 23-15 Class Deviation to VAAR Part 815 and Subpart 819.70 07/28/2023
Acquisition Policy Flash! 23-02 Notification to the VA acquisition workforce of the issuance of VAAR Update 2008-33 due to the publication of Final Rule at 86 FR 62999, effective 11/17/2022, which revises VAAR parts 807, 808, 810, and 819, and their affected parts 802, 813, 832, 852 and 853 11/17/2022
Acquisition Policy Flash! 21-09 Class Deviation from VA Acquisition Regulation Part 852-Solicitation Provisions and Contract Clauses
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/22. See Acquisition Flash 23-02.]		 Rescinded
VA Acquisition Regulation Class Deviation Deviation from VA Acquisition Regulation Part 852-Solicitation Provisions and Contract Clauses (See Acquisition Flash 21-09)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/22. See Acquisition Flash 23-02.]		 Rescinded
Acquisition Policy Flash! 19-29 VA Procurement Policy Memorandum (2016-05) (Revised August 2019) - Implementation of the Veterans First Contracting Program 05/20/2019
VA Acquisition Regulation Class Deviation Class Deviation from VA Acquisition Regulation Part 819-Small Business Programs and Part 852-Solicitation Provisions and Contract Clauses
Partially rescinded by VAAR Deviation dated December 23, 2020 (See Acquisition Flash 21-09)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/22. See Acquisition Flash 23-02.]		 Rescinded
VA Acquisition Regulation Class Deviation Class Deviation from VAAR 808.002. Priorities for Use of Government Supply Sources and VAAR Subpart 808.6, Acquisition from Federal Prison Industries, Inc.
Supersedes Class Deviation dated February 9, 2018 (See AF 19-18)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/22. See Acquisition Flash 23-02.]		 Rescinded
Acquisition Policy Flash! 19-18 Class Deviation from VAAR 808.002. Priorities for Use of Government Supply Sources and VAAR Subpart 808.6. Acquisition from Federal Prison Industries, Inc.
(See Acquisition Policy Flash! 20-24)		 Superseded
Acquisition Policy Flash! 18-33 Procurement Policy Memorandum 2016-05 (Revised AUG 2018) - Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision
Superseded by revised PPM 2016-05 (August 2019) (See Acquisition Policy Flash! 19-29)		 Superseded
Acquisition Policy Flash! 18-11 Class Deviation from VAAR 808.002, Priorities for Use of Mandatory Government Sources.
See Acquisition Flash! 19-18 dated 5/20/19		 Superseded
VA Acquisition Regulation Class Deviation Priorities Priorities for Use of Mandatory Government Sources (VAAR 808.002)
Supersedes Class Deviation Attachment 4-Amendment 1 (VFCP FEB 2017), dated 03/01/2017.
Superseded by Class Deviation dated 5/20/2019		 Superseded
Procurement Policy Memorandum 2018-04 Guidance and Procedures regarding use of Tiered Evaluations (Cascading) for use in solicitations set-aside in accordance with the VA Rule of Two (Acquisition Flash! 18-10) 02/08/2019
Acquisition Policy Flash! 18-10 Procurement Policy Memorandum 2018-04, Guidance and Procedures regarding use of Tiered Evaluations (Cascading) for use in solicitations set-aside in accordance with the VA Rule of Two (PPM 2018-04) 02/08/2018
Acquisition Policy Flash! 18-06 Notification to the Acquisition Workforce Regarding Class Deviation (Revised)–Implementation of the Veterans First Contracting Program (VFCP) as a Result of the U.S. Supreme Court Decision, July 25, 2016, (Class Deviation-VFCP FEB 2017) dated March 1, 2017, Amendment 01 to Attachment 4, VAAR Part 808
Superseded by Class Dev 02/09/2018. See Acquisition Flash 18-11		 Superseded
VA Acquisition Regulation Class Deviation (Revised) Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Veterans First Contracting Program (VFCP 2016)) – Revised Attachment 4, Feb 2017
(See Revised Attachment 4 superseded at Class Deviation dated 08/14/2020)		 Superseded
Procurement Policy Memorandum 2016-05 Implementation of the Veterans First Program as a Result of the U.S. Supreme Court Decision (Revised - this VA PPM revises and reissues PPM 2016-05 dated 09/27/2018) 08/06/2019
VA Acquisition Regulation Class Deviation Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision Class Deviation (VFCP 2016) and PPM 2016-05 (Veterans First Contracting Program (VFCP 2016)) - See VFCP Memo dated 8/14/2020 for revised Class Deviation to VAAR 808.002 and 808.6 regarding revisions previously held on Attachment 4; Attachment 2 (part 804) only rescinded by Final Rule issued at 85 FR 36348 on 06/16/2020, effective date of 07/16/2020; Attachments 6 (part 812) and 7 (part 813) only rescinded by Final Rule issued at 85 FR 16900 on 3/25/2020, effective date of 4/24/2020; Attachment 8 only rescinded by Final Rule issued at 84 FR 29391 on 6/24/2019, effective date 7/24/2019. (Acquisition Flash! 16-20, 18-11, and19-28, 20-14, 20-21, and 20-24)
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/22. See Acquisition Flash 23-02.]		 Rescinded
Acquisition Policy Flash! 16-20 Implementation of the Veterans First Program as a Result of the U.S. Supreme Court Decision
Also see Acquisition Flash! 18-33 dated 09/27/2018
[Rescinded by Final Rule at 86 FR 62999, effective date 11/17/22. See Acquisition Flash 23-02.]		 Rescinded
Applying the VA Rule of Two Decision Tree Tool 31 U.S.C. 8127(d), Supplies and Services
Removed, see PPM 2016-05 (Rev August 2019) dated 08/06/2019, Acquisition Policy Flash! 19-29.		 Removed/
Not Applicable
Supreme Court Decision Kingdomware Technologies, Inc. v. United States 06/16/2016
38 U.S.C. 8127 Small business concerns owned and controlled by Veterans: contracting goals and preferences 08/06/2012
38 U.S.C. 8128 Small business concerns owned and controlled by Veterans: contracting priority 12/22/2006

38 U.S.C. 8127 Implementation Frequently Asked Questions

Frequently Asked Questions (FAQs) were developed during training sessions conducted by the VA Acquisition Academy in August 2016 to implement required VA policy and internal procedural changes in Procurement Policy Memorandum (PPM) 2016-05 and Class Deviation dated July 25, 2016, addressing the Veterans First Contracting Program.

The VA Acquisition Workforce must not rely solely on the answers provided but must also refer to official policy and procedures (the PPM and the Class Deviation dated July 25, 2016 and any revisions thereto) as well as the Federal Acquisition Regulation, the Veterans Affairs Acquisition Regulation and the Veterans Affairs Acquisition Manual.

FAQ Categories
  1. Supreme Court of the United States (SCOTUS) Decision affecting the Veterans First Contracting Program
  2. VA Rule of Two
  3. VA Form 2268
  4. Market Research
  5. Fair & Reasonable—Reasonable Expectation that Award can be Made at a Fair & Reasonable Price that Offers Best Value to the United States
  6. Sole Source
  7. General Services Administration (GSA)/ Federal Supply Schedules (FSS)
  8. Other
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