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Acquisition Policy Flash! 17-24

What's Changed?

Acquisition Policy Flash! 17-24, Department of Veterans Affairs FAR Class Deviation – Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse

Purpose:  To inform the Department’s acquisition workforce that the April 09, 2015 FAR Class Deviation – Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse is no longer in effect as the result of final FAR incorporation effective January 13, 2017.

Effective:  Immediately

Expiration Date:  N/A

Federal Acquisition Regulation (FAR) Section Impacted:  FAR 52.203-18 and FAR 52.203-19

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.

The deviation issued on April 9, 2015 authorized 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 obligating Federal funds on new and existing contracts.

Provisions 52.203-98 and 52.203-99 are no longer referenced in the FAR.  Provisions 52.203-18 and 52.203-19 are now referenced for the same subject matter, and have been incorporated into the FAR.

Paragraph 4, of the April 9, 2015 deviation stated, “Effective until incorporated in the FAR, VAAR, or is otherwise rescinded.”  These new provisions were incorporated into the FAR.  As a result, this deviation is expired and will be deactivated on the Office of Acquisition and Logistics (OAL), Procurement Policy Website and moved to the PPS Archive site.

Applicability:  This PPM applies to Heads of the Contracting Activities (HCAs), VA Contracting Officers (COs) and other VA acquisition professionals.

Action Required:  Effective immediately, the Class Deviation – Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse issued on April 9, 2015, is expired.

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.