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Acquisition Policy Flash! 15-11

What's New?

Class Deviation - VAAR 809.400, Debarment, Suspension and Ineligibility

Purpose:  To approve a class deviation, in accordance with Federal Acquisition Regulation (FAR) 1.404, Class deviations and Department of Veterans Affairs Acquisition Regulation (VAAR) 801.404, Class deviations, to deviate from VAAR 802.101, Definitions and VAAR 809.400, Debarment, Suspension and Ineligibility.

Veterans Affairs Acquisition Regulation (VAAR) Sections Impacted:  The definitions of Debarment and Suspension Committee and the Debarring Official in VAAR 802.101 and VAAR 809.400.

Effective Date:  April 30, 2015

Background:  On August 6, 2012, Section 706 of Public Law (P.L.) 112-154, Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012, amended 38 USC 8127(g), to require VA debar business concerns that willfully and intentionally misrepresent the status of that concern as a small business owned and controlled by either Veterans or by service-disabled Veterans.  Section 706 further prescribes the following:

(1) The period of any debarment is a minimum of five (5) years;

(2) The debarment action commences not later than 30 days after determination of willful and intentional misrepresentation by a concern;

(3) A final decision on the debarment action is completed within 90 days after determination of willful and intentional misrepresentation by a concern; and

(4) The debarment includes “all principals” in the firm.

Applicability:  This deviation applies to the VA Debarment and Suspension Committee for Procurement and the Heads of Contracting Activities.

Action Required:  Effective immediately, contracting officers shall comply with the policy and procedures outlined in VA Class Deviation from VAAR 802.101 and VAAR 809.400.

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at (202) 632-5288 or va.procurement.policy@va.gov.