Regulatory Deviations - Office of Acquisition and Logistics (OAL)
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Office of Acquisition and Logistics (OAL)

 

Regulatory Deviations

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A deviation is the issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the Federal Acquisition Regulation (FAR) or VA Acquisition Regulation (VAAR).  Deviations are processed in accordance with FAR 1.400, Deviations from the FAR; VAAR 801.4, Deviations from the FAR or VAAR.  In general, an approved deviation may authorize lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR or VAAR.

A deviation is either from the FAR or VAAR, and may be either an individual or class deviation.  An individual deviation affects only one contact action, while a class deviation affects more than one contract action.

  • For individual deviations, VAAR 801.403(b) requires a contracting officer to submit a deviation request through the Head of the Contracting Activity (HCA).  Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service at va.procurement.policy@va.gov
  • For class deviations, any VA employee that finds that a class deviation is necessary may submit a request to their respective HCA.  Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service (PPS) at va.procurement.policy@va.gov.

The deviation request must clearly state the circumstances warranting the deviation and the nature of the deviation.

PPS will review the deviation request to determine its appropriateness and request any additional information, as needed.  If the deviation request is approved, PPS will format the request, and prepare it for the Deputy Senior Procurement Executive’s (DSPE) signature.  Upon DSPE approval of an individual deviation, the requester will be notified.  Upon DSPE approval of a class deviation, the deviation will be issued via acquisition alert and made available on this site.

FAR Deviations
TitleDateTypeStatus
Limitations on Subcontracting for Small Business Concerns (FAR Part 52) 07/18/2019 Class Active
To Remove the Requirement that Contracting Officers Make a Best Procurement Approach Determination to Use an Interagency Acquisition (FAR Case 2018-015)
Superseded by Final Rule issued at 84 FR 19838 on 05/06/2019.
04/19/2019 Class Superseded
Increase to the Threshold for Requiring Certified Cost or Pricing Data (FAR Case 2018-005) 08/06/2018 Class Active
Total Small Business Set-Asides 03/22/2018 Class Active
Increasing the Micro-Purchase Threshold and the Simplified Acquisition Threshold (FAR Case 2018-004) 03/22/2018 Class Active
Removal of the Fair Pay and Safe Workplaces Final Rule(FAR Case 2014-025)
Superseded by Final Rule issued at 82 FR 51527 on 11/6/17.
10/19/2017 Class Superseded
>Implementing Revised Statutory Conditions for the Exercise of Special Emergency Procurement Authorities (FAR Parts 2, 10, 12, 13, 18, and 26)
Superseded by Final Rule issued at 84 FR 19835 on 05/06/2019
09/01/2017 Class Superseded
Implement an Act to Enhance Whistleblower Protection for Contractor Employees (FAR Parts 3.9, 52.203-17, 52.212-4(r)) 07/26/2017 Class Active
Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse (FAR Part 12) 04/09/2015 Class Superseded
Permanent Authority for Use of Simplified Acquisition Procedures under FAR 13.5, Test Program for Certain Commercial Items
Superseded by Final Rule issued at 80 FR 38311 on 07/02/2018.
01/16/2015 Class Superseded
Establishing Minimim Wage for Contractors (52.222-99)
Superseded by Final Rule issued at 80 FR 75915 on 12/4/15.
09/09/2014 Class Superseded
Set-Asides for Woman-Owned Small Businesses (19.505(b) and (c))
Superseded by Final Rule issued at 79 FR 35864 on 6/24/14.
06/04/2013 Class Superseded
Approval of Justification (6.304(a)(1)) 12/27/2012 Class Rescinded
Biobased Products Reporting Requirement (52.223-2)
See Acquisition Flash! 15-18
11/27/2012 Class Expired
Providing Accelerated Payment to Small Business Subcontractors (52.232-99)
Superseded by Final Rule issued at 78 FR 70477 on 11/25/13.
11/05/2012 Class Superseded
Certification Regarding Responsibility Matters (52.209-5)
Superseded via issuance of FAR Final Rule at 81 FR 67728 on 9/30/16.
10/22/2012 Class Superseded
Electronic Submission of Invoices (32.905)
Superseded by Final Rule at 77 FR 70708 on 11/27/12.
12/08/2008 Class Superseded
Test Program for Certain Commercial Items (13.5) 03/01/2010 Class Expired
Updates of Information Regarding Responsibility Matters (52.209-8) 11/02/2010 Class Superseded
Acquisition Information Technology (Part 39) 12/08/2008 Class Superseded
VAAR Deviations
TitleDateTypeStatus
Deviation from VA Acquisition Regulation (VAAR) Part 801.603-70 - Representatives of Contracting Officers 08/22/2019 Class Active
Deviation from VA Acquisition Regulation Part 819, Small Business Programs and Part 852, Solicitation Provisions and Contract Clauses 07/18/2019 Class Active
Deviation from VA Acquisition Regulation 801.690-3, 801.690-4, 801.690-6, and 801.690-7, Appointment and Termination of Contracting Officer Authority 07/12/2019 Class Active
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 Acquisition Flash! 19-18)
05/20/2019 Class Active
Updated Policy on Notice to Proceed (VAAR 836.213-70) (Acquisition Flash! 18-37)
Superseded. Final Rule issued at 84 FR 9968 on 03/19/2019, effective 04/18/2019. See Acquisition Flash! 19-22
11/26/2018 Class Superseded
To add VA Acquisition Regulation 813.303-5, Purchases under Blanket Purchase Agreements
See Acquisition Flash! 18-25
08/07/2018 Class Active
Increased Dollar Threshold to the Simplified Acquisition Threshold (SAT) for VA Form 10-2421 (813.307 and 853.213) (Acquisition Flash! 18-30) 08/01/2018 Class Active
Adding VAAR 819.72, VA Subcontracting Compliance Review Program (SCRP) and associated clauses (Acquisition Flash 18-21) 06/27/2018 Class Active
Increased Dollar Threshold to the Simplified Acquisition Threshold for VA Form 10-2421 (813.307 and 853.213)
Expired, see Class Deviation dated 08/01/2018.
03/31/2018 Class Expired
Written Acquisition Plans (VAAR 807.105-70) (Acquisition Flash! 18-18) 03/08/2018 Class Active
Update Head of Contracting Activity Delegation and Redelegation Authorities; and Increase a Threshold for Review of Acquisition Plans (Acquisition Flash! 18-12)
HCA Delegations at 811.103 and 811.202 obsolete due to issuance of revised VAAR 811 at 83 FR 49302 on 10/31/2018. See Acquisition Flash! 19-02
03/08/2018 Class Active
Partially Obsolete
Priorities for Use of Mandatory Government Sources (VAAR 808.002)
Supersedes Class Deviation Attachment 4-Amendment 1 (VFCP FEB 2017), dated 03/01/2017.
02/09/2018 Class Superseded
Veterans Benefits Administration Authority for Architect-Engineer Services in VA Acquisition Regulation (VAAR) Subpart 836.6 (Acquisition Flash! 17-26)
Final Rule issued at 84 FR 9968 on 03/19/2019, effective 04/18/2019. See Acquisition Flash! 19-22
07/20/2017 Class Superseded
Debarment, Suspension and Ineligibility (802.101 and 809.4) (Acquisition Flash! 17-20) 06/02/2017 Class Active
Review Requirements - OGC (801.602-75) (Acquisition Flash! 17-19) 04/12/2017 Class Active
Increased Dollar Threshold to the Simplified Acquisition Threshold for VA Form 10-2421 (813.307 and 853.213)
See Class Deviation dated 08/01/2018.
03/31/2017 Class Expired
(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 05/20/2019
03/01/2017 Class Partially Superseded
Nonmanufacturer Rule Waiver to the Small Business Administration (SBA) (819.102) (Acquisition Flash! 17-13) 02/17/2017 Class Active
Responsibilities (815.303) (Acquisition Flash! 17-12) 12/15/2016 Class Active
Technical Review Requirements (801.602-71) (Acquisition Flash! 17-01) 10/06/2016 Class Active
Approval of the Justification (806.304) (Acquisition Flash! 16-21) 08/10/2016 Class Active
Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Veterans First Contracting Program (VFCP 2016)) – See (1) Class Deviation to VAAR 808.002 and 808.6 dated 5/20/2019 for revisions previously held on Attachment 4; (2) Attachment 8 only rescinded by Final Rule issued at 84 FR 29391 on 06/24/2019, effective date 07/24/2019; (3) Class Deviation to VAAR 819 and 852 dated July 12, 2019 supersedes certain sections in Attachments 9 and 10, all remaining text in Attachments 9 and 10 in Class Deviation (VFPC 2016) dated 07/25/2016 continue to be in effect. (Acquisition Flash! 16-20, 18-11, and 19-28) 07/25/2016 Class Partially Rescinded/Superseded
Required Sources of Supplies and Services, and Priorities for Use of Government Supplies Sources (808 and 808.002) (Acquisition Flash 16-11)
See VFCP Class Deviation dated 07/25/2016 and revisions, and PPM 2016-05.
05/05/2016 Class Rescinded
Employee Empowerment Initiative (EEI) (801.602-70, 801.602-71, and 801.602-72) (Acquisition Flash! 16-02) 12/15/2015 Class Active
Contracts Regarding Option Year Contracts and Terms Exceeding 5 Years (817.204)
Superseded by Final Rule issued at 84 FR 29391 on 6/24/2019, effective date is 7/24/2019.
12/15/2015 Class Superseded
Employee Empowerment Initiative (EEI) (832.202-1(d) and 832.202) (Acquisition Flash! 16-02)
Rescinded by issuance of revised VAAR 832 Final Rule at 83 FR 49302 on 10/31/2018
12/15/2015 Class Rescinded
Language Clarification - Requirements (806.501) 12/15/2015 Class Active
Debarment, Suspension and Ineligibility (802.101 and 809.400) (Acquisition Flash! 17-20)
See Class Deviation dated 06/02/2017
04/30/2015 Class Rescinded
Representatives of Contracting Officers (801.603-70) (Acquisition Flash! 15-04) 11/19/2014 Class Active
Ratification of Unauthorized Commitments (801.602-3) (Acquisition Flash! 13-12) 05/03/2013 Class Active
Sole Source Awards to Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (819.7007(b)) and Sole Source Awards to Veteran-Owned Small Business (VOSB) Concerns (819.7008(b))
See PPM 2016-05 and Class Deviation dated 07/27/2016
12/27/2012 Class Rescinded
Indefinite-quantity contracts (816.504) 10/11/2012 Class Rescinded
Continuation of Contracts (809.405-1)
See Class Deviation dated 04/30/2015
10/01/2012 Class Replaced
Eligibility (819.7003) 06/01/2012 Class Expired
Deviation for Deputy Senior Procurement Executive Duties (801.304) (Acquisition Flash! 12-23) 04/16/2012 Class Active
Representation of Contracting Officers (801.603-70)
See Class Deviation dated 11/19/2014
10/20/2010 Class Replaced
Vendor Information Pages Deviation (804.1102) 09/10/2010 Class Expired
Documents to submit for legal or technical review - contract modifications (801.602-83)   Individual