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Acquisition Policy Flash! 17-20

What's Changed?

Class Deviation from VA Acquisition (VAAR) Subpart 802.101, Definitions and Subpart 809.400, Debarment, Suspension and Ineligibility

Purpose:  The purpose of this Class Deviation from VA Acquisition Regulation (VAAR) VAAR 802.101, Definitions and from 809.400, Debarment, Suspension and Ineligibility is to implement a broader definition of “willful and intentional misrepresentation” of SDVOSB and VOSB status and also implement specific processes and criteria pursuant to 38 U.S.C. § 8127(g).  This deviation is being issued in accordance with Federal Acquisition Regulation (FAR) subpart 1.404, Class Deviation, and Department of Veterans Affairs Acquisition Regulation (VAAR) 801.404, Class Deviation, to deviate from 802.101 and 809.400.

Dated:  June 2, 2017

VA Acquisition Regulation (VAAR) Subsection Impacted:  VAAR 802.101 and 809.400

Effective Date:  Immediately

Background:  On August 6, 2012, 38 U.S.C. § 8127(g) was amended requiring VA to debar for a minimum of five years any business concerns which have willfully and intentionally misrepresented their service-disabled, Veteran-owned small business (SDVOSB) status or Veteran-owned small business (VOSB) status.  38 U.S.C. § 8127(g) does not include a definition of “willful and intentional misrepresentation;” however, on April 30, 2015, VA interpreted “willful and intentional misrepresentation” of SDVOSB or VOSB status as those types of misrepresentations resulting in a conviction or civil judgment related to fraud or other criminal acts in a class deviation to VA Acquisition Regulation 809.400.

The current definition of “willful and intentional misrepresentation” prevents VA from debarring firms and individuals who have willfully and intentionally misrepresented SDVOSB or VOSB status which did not result in a conviction or civil judgment.  To allow VA to debar firms and individuals who have willfully and intentionally misrepresented SDVOSB or VOSB status, the definition of “willful and intentional misrepresentation” must be broadened.

Applicability:  This deviation applies to the VA Debarment and Suspension Committee for Procurement, the Heads of Contracting Activities, and business concerns and individuals who are subject to a suspension or debarment action.

Action Required:  Effective immediately, the VA Debarment and Suspension Committee for Procurement, Heads of the Contracting Activities (HCAs), and business concerns and individuals who are subject to a suspension or debarment action shall comply with the policy and procedures outlined in Class Deviation (2017-20) VA Acquisition Regulation (VAAR) VAAR 802.101, Definitions and from 809.400, Debarment, Suspension and Ineligibility.

Additional Information:  Questions or concerns should be addressed to the VA Debarment and Suspension Committee VADebarmentCommittee@va.gov.