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Acquisition Policy Flash! 17-06

What's New?

Court Order Enjoining Certain Sections, Provisions, and Clauses in Federal Acquisition Circular 2005-90, Implementing Executive Order 13673, Fair Pay and Safe Workplaces

Dated:  October 28, 2016

On October 24, 2016 a preliminary injunction was issued to the Executive Order 13673, FAR Final Rule and DOL Guidance for Fair Pay and Safe Workplaces.

As a result of the preliminary injunction, the Fair Pay and Safe Workplaces final rule, which was due to be effective October 25, 2016, will not be implemented as planned.

The Court Order addresses only the implementation of the final FAR rule.  Therefore, VA contracting officers are instructed to continue conducting evaluations of offerors, including responsibility determinations, in accordance with laws and regulations that were in effect prior to the effective date of the final FAR rule.

Attached is the government-wide acquisition policy guidance outlining the requirements to comply with the court order and ensure the enjoined portions of FAR Case 2014-025 are not implemented unless and until receiving further direction.  Please note the references on page 2, number 3 of the memorandum are incorrect and should read, 22.2004-2, 22.2004-3, 22.2004-4.

The Procurement Policy Service will provide further guidance on this topic as it becomes available.

Additional Information:  Questions or concerns should be addressed Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at (202) 632-5288 or