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Acquisition Policy Flash! 18-06

Reminder!

Notification to the Acquisition Workforce Regarding Class Deviation (Revised)–Implementation of the Veterans First Contracting Program (VFCP) as a Result of the U.S. Supreme Court Decision, July 25, 2016, (Class Deviation-VFCP FEB 2017) dated March 1, 2017, Amendment 01 to Attachment 4, VAAR Part 808

Purpose:  This Acquisition Flash provides the following information and guidance:

AbilityOne Sources (41 U.S.C. §§ 8501-8506) and VA Rule of Two (38 U.S.C. § 8127).  The Class Deviation (Revised)–Implementation of the Veterans First Contracting Program (VFCP) as a Result of the U.S. Supreme Court Decision, July 25, 2016, (Class Deviation—VFCP FEB 2017) dated March 1, 2017, Amendment 01 to Attachment 4, VAAR Part 808 remains in full force and effect.

The deviation included interim changes to the Veterans Affairs Acquisition Regulation to amend the implementation of the VFCP and the Class Deviation issued on July 25, 2016, Attachment 4 only, pertaining to VAAR 808.002, Priorities for use of mandatory Government sources, consistent with the decision of the United States Supreme Court in Kingdomware Technologies, Inc. v. United States, June 16, 2016.  Attachment 4 to the March 1, 2017 Class Deviation stated that supplies and services on the Procurement List maintained by the Committee for Purchase from People Who Are Blind or Severely Disabled, known as AbilityOne, are mandatory if added to the list prior to January 7, 2010.  Please see the following link to the Ability One Procurement List for the applicable product and services. This list includes items added after January 7, 2010 but only the product or services included on the Procurement List prior to January 7, 2010 are mandatory.  The VA Rule of Two applies to all items added after January 7, 2010.  Additionally, no new items may be added to the Ability One Procurement List without first applying the VA Rule of Two and obtaining approval of the Senior Procurement Executive (SPE) which must be coordinated through the appropriate Head of Contracting Activity (HCA).

VA Acquisition Regulation (VAAR) Section Impacted:  VAAR 808.002.

Applicability:  This notification is directed to the VA acquisition workforce.

Action Required:  The VA Acquisition Workforce shall follow the guidance provided in text of this document and all references.

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