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Acquisition Policy Flash! 18-04

What's Changed?

Class Deviation from the Federal Acquisition Regulation (FAR) to remove the Fair Pay and Safe Workplaces final rule (FAR Case 2014-025)

Purpose:  To issue a class deviation in accordance with FAR 1.404(a)(1) to implement Pub. L. 115-11 that disapproves the Fair Pay and Safe Workplaces final rule (FAR Case 2014-025), by removing FAR subpart 22.20.

FAR Sections Referenced:  FAR section 12.301(b)(2), FAR subpart 22.20 and its associated provisions and clauses.

Effective Date:  Immediately

Background:  Under the Congressional Review Act (5 U.S.C. Chapter 8), House Joint Resolution 37 (H.J.R. 37) was signed into law, Pub. L. 115-11, on March 27, 2017 to disapprove the FAR rule (81 FR 58562) which implements Executive Order (E.O.) 13673, Fair Pay and Safe Workplaces.  This law states that the rule shall have no force or effect.   On the same date, the President signed E.O. 13782, which revoked the E.O. underlying this rule.  The Civilian Agency Acquisition Council Letter 2017-01, of Jun 12, 2017, implements Pub. L. 115-11, and, pending publication of the amendment to the FAR via FAR case 2017-015, authorizes agencies to issue a class deviation.

Applicability:  This notice applies to VA contracting activities.

Action Required:  Contracting officers shall comply with the attached class deviation which provides immediate actions required to implement the removal of the Fair Pay and Safe Workplaces final rule, FAR subpart 22.20.

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.