Class Deviation: VA Acquisition Regulation (VAAR) 816.504 and VAAR Clause 852.216-70
VA Acquisition Regulation (VAAR) 816.504 and VAAR Clause 852.216-70
Purpose: To inform the acquisition workforce about the issuance of a class deviation from VAAR 816.504.
FAR Section Impacted: 816.504 and 852.216-70
Effective Date: Immediately
Background: Prior to this deviation, 852.216-70, Estimated quantities, which is prescribed in VAAR 816.504, provided that “the Department of Veterans Affairs shall not be relieved of its obligation to order from the contractor all (emphasis added) articles or services that may, in the judgment of the ordering officer, be needed except that in the public exigency procurement may be made without regard to this contract.”
This VAAR language conflicts with the basic tenet of an indefinite-quantity contract because the VA has no obligation to order from the contractor all articles and services that may be needed. VA is only required to “order and the contractor to furnish at least a stated minimum quantity of supplies or services,” in an indefinite-quantity contract. See FAR 16.504(a)(1).
Current Policy Under the Class Deviation, effective Immediately: Use of VAAR clause 852.216-70, Estimated quantities, including all alternate versions, is suspended.
Action: Contracting Officers shall insert FAR clause 52.216-22, Indefinite Quantity, in Indefinite-Quantity Contracts.
For questions or concerns regarding this Acquisition Policy Flash, please contact the undersigned; Eyvonne Mallett, Senior Procurement Analyst, at firstname.lastname@example.org or contact us through the VA Procurement Policy mailbox at: email@example.com.