Acquisition Policy Flash! 19-02
Notification of the publication of various new and revised Department of Veterans Affairs Acquisition Regulation (VAAR) parts and the publication of various new VA Acquisition Manual (VAAM) parts
Purpose: To notify the VA Acquisition Workforce of the publication of revised and new VA Acquisition Regulation (VAAR) parts, and companion VA Acquisition Manual (VAAM) parts.
VAAR/VAAM Parts/Sections Impacted: 801, 811, 829, 831, 832, 833, 844, 845, 846, 847, 852, 870, 871.
Effective Date: As provided below.
Background: The VAAR is issued to implement policies and procedures governing VA acquisitions, to supplement the FAR to meet VA’s specific needs, as well as to implement VA-specific statutory requirements. The VAAR is codified under chapter 8 in Title 48, Code of Federal Regulations (CFR). The VAAR parallels the FAR in format, arrangement, and numbering system in accordance with FAR 1.303(a). The VA Acquisition Manual (VAAM) is not codified, but also parallels the FAR and VAAR in format, arrangement, and numbering system. The VAAM contains internal procedural guidance and will be updated as necessary to reflect changes in Federal and VA acquisition policy. VA’s acquisition professionals are expected to consult with the FAR, VAAR, and the VAAM (in that order) and any issued Class Deviations or Procurement Policy Memorandums that are issued, when researching acquisition policy.
In order to enhance the department level guidance for all VA acquisitions, four VAAR Updates have been issued which contain new and revised VAAR parts as published in the Federal Register under various Final Rules. Additionally, four VAAM Updates have been issued which contain new companion VAAM parts. As a result of both the VAAR revisions and VAAM new parts, several current policy documents are rescinded. The incorporated VAAR and VAAM updates, and resulting policy document rescissions are described below:
- A new VAAR Update 2008-08 dated October 15, 2018, that contains revisions to VAAR parts 831-Contract Cost Principles; and Procedures, 833-Protests, Disputes, and Appeals; and affected parts 852 and 871, that were published in a Federal Register Notice as a Final Rule at 83 FR 46413 (document number 2018-18985) on September 13, 2018 with an effective date of October 15, 2018;
- A new VAAM Update 2018-02 dated October 15, 2018, containing new part M833-Protests, Disputes, and Appeals;
- Due to the incorporation of M833 into the VAAM, IL 049-05-3, Notification to the Government Accountability Office (GAO) when Contract Performance is Authorized Nothwithstanding a Protest, dated October 14, 2004, is rescinded.
- A new VAAR Update 2008-09 dated October 18, 2018, that contains new VAAR parts 844-Subcontracting Policies and Procedures and 845-Government Property, that were published in a Federal Register Notice as a Final Rule at 83 FR 47097 (document number 2018-20183) on September 18, 2018, with an effective date of October 18, 2018;
- A new VAAR Update 2008-10 dated October 24, 2018, that contains revisions to VAAR parts 829-Taxes, 846-Quality Assurance, and 847-Transportation; affected part 852 and the removal of part 870, that were published in a Federal Register Notice as a Final Rule at 83 FR 48257 (document number 2018-20323) on September 24, 2018, with an effective date of October 24, 2018;
- A new VAAM Update 2018-04, dated October 24, 2018, containing new VAAM parts M829-Taxes, M846-Quality Assurance, and M847-Transportation;
- Due to the incorporation of M829 into the VAAM, Procurement Policy Memorandum (PPM) 2016-09, dated September 30, 2016, Attachment 8, Part 829—Taxes only, is rescinded.
- Due to the incorporation of part 846 into the VAAR, and part M846 into the VAAM, IL 049-05-9, Guidelines on the Use of Guarantee Period Services, dated April 4, 2005, is rescinded.
- A new VAAR Update 2008-11 dated October 31, 2018, that contains revisions to VAAR parts 811-Describing Agency Needs and 832-Contract Financing, affected parts 801 and 852 that were published in a Federal Register Notice as a Final Rule at 83 FR 49302 (document number 2018-18984) on October 1, 2018, with an effective date of October 31, 2018;
- A new VAAM Update 2018-05, dated October 31, 2018, containing new VAAM parts M811-Describing Agency Needs and M832—Contract Financing;
- Due to the incorporation of part 832 into the VAAR, Class Deviation from VAAR 832.202-1 and 832.401 (Employee Empowerment Initiative (EEI), dated December 2, 2015, is rescinded.
- Due to the revision of part 811, the deviations at 811.103 and 811.202 in Class Deviation from Various VA Acquisition Regulation Sections to Update Head of Contracting Activity Delegation and Redelegation Authorities; and Increase a Threshold for Review of Acquisition Plans, dated March 8, 2018, are now obsolete. The Class Deviation provided at 811.103, Market acceptance, and 811.202, Maintenance of standardization documents, changes to the HCA delegation approvals. VAAR 811.103 and 811.202 are removed in the part revision, therefore the Class Deviations to 811.103 and 811.202 are now obsolete.
Applicability: This notification is directed to the VA acquisition workforce.
Action Required: Comply with the requirements of the published VAAR and VAAM parts.
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