Class Deviation
Federal Acquisition Regulation (FAR) 52.209-5
Certification Regarding Responsibility Matters
(March 2012)

Purpose:  To inform the VA acquisition community of the new requirements mandated by this deviation from FAR 52.209-5.

FAR Section Impacted:  52.209-5.

Effective Date:  October 22, 2012

Applicability:  Applies to all VA procurements that use appropriated funds.

Policy:  VA Contracting Officers (COs) shall not use appropriated funds to enter into a contract with a corporation that has a felony criminal violation of Federal or State law within the preceding 24 months or has an unpaid federal tax liability unless:

1. Suspension or debarment has been considered; and
   
   
2. The Suspension and Debarment Official has determined that additional action is not necessary to protect the interests of the Government.

Action Required:

1. COs shall include the attached provision in all solicitations that will use appropriated funds.
   
   
2. COs that receive information indicating the existence of an unpaid Federal tax liability or existence of a felony criminal violation within the preceding 24 months shall consult with the agency Suspension and Debarment official.

For questions or concerns regarding this Acquisition Policy Flash, please contact Eyvonne Mallett, Senior Procurement Analyst, Procurement Policy and Warrant Management Service, at 202-461-5101 or email va.procurement.policy@va.gov.