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Acquisition Policy Flash! 18-02

What's Changed?

Class Deviation from the Federal Acquisition Regulation (FAR) to Implement an Act to Enhance Whistleblower Protection for Contractor and Grantee Employees

Purpose:  To issue a class deviation in accordance with FAR 1.404(a)(1) to implement an Act to Enhance Whistleblower Protection for Contractor and Grantee Employees.

FAR Sections Referenced:  This Class Deviation impacts FAR sections 3.9, 52.203-17, 52.212-4(r), and any associated provisions and clauses.

Effective Date:  Immediately

Background:  The current coverage in the FAR states that when the 4-year pilot (41 U.S.C. 4712) expires, the previous whistleblower coverage is back in effect. However, the Civilian Agency Acquisition Council (CAAC) issued a letter to direct agencies to continue to use the pilot program coverage until the FAR is revised under FAR case 2017-005, Whistleblower Protection for Contractor Employees. This case will revise the FAR to make the 4-year pilot program permanent.

Applicability:  This notice applies to VA contracting activities.

Action Required:  Contracting officers shall comply with the attached class deviation to make permanent the 4-year pilot program and clarifies the use of certain Whistleblower Protection clauses.  It also directs agencies to continue to use the pilot program coverage until the FAR is revised under FAR case 2017-005, Whistleblower Protection for Contractor Employees.  This case will revise the FAR to make the 4-year pilot program permanent.

Additional Information:  Direct any questions or comments to Procurement Policy and Warrant Management Services via email at va.procurement.policy@va.gov or (202) 632-5288.