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Acquisition Policy Flash! 15-13

What's New?

Class Deviation - Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse

Purpose:  This deviation is being processed in accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts.

Dated:  April 9, 2015

Federal Acquisition Regulation (FAR) Parts Impacted:  FAR part 12, Acquisition of Commercial Items, contracts, grants, and cooperative agreements.

Effective Date:  Immediately

Background:  On December 16, 2014, the President signed into law the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235).  Section 743 of Division E, Title VIII, of the Act prohibits the use of funds appropriated or otherwise made available by Division E or any other Act for a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting employees or contractors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representatives of a Federal department or agency authorized to receive such information.

New Policy:  This deviation will authorize contracting officers to include Provision 52.203-98, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements-Representation in all solicitations that will use Federals funds, including solicitations for the acquisition of commercial items under FAR part 12 and Clause 52.203-99, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements in all solicitations, and contracts that will use Federal funds, including solicitations and contracts for the acquisition of commercial items under FAR part 12, or when obligation Federal funds on new and existing contracts.

Action Required:  Comply with the class deviation.

Additional Information:  Questions and 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.