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Acquisition Policy Flash! 19-06

What's Changed?

Various Federal Acquisition Regulation (FAR) Deviation Status Updates on the Procurement Policy and Warrant Management Service (PPS) Regulatory Deviations Webpage.

Purpose:  To notify the acquisition workforce that the PPS Regulatory Deviations page has been updated to provide current status on various FAR Deviations.

FAR/VAAR Parts Impacted:  FAR parts 9, 13, 19, 22, and 32.

Effective Date:  As noted below.

Expiration Date:  Not applicable.

Background:  PPS routinely posts on its Regulatory Deviations webpage FAR deviations, authorized by FAR 1.404, Class Deviations, and when issued through Civilian Agency Acquisition Council letters. These Class Deviations are effective until a Final Rule to the FAR or Veterans Affairs Acquisition Regulation (VAAR) is issued in the Federal Register. The following posted FAR Deviations have been superseded by the Final Rules indicated, and updated on the PPS Regulatory Deviations webpage:

  1. Removal of the Fair Pay and Safe Workplaces Rule (FAR Case 2014-025), issued 10/19/2017 has been superseded by Final Rule at 82 FR 51527 released on November 15, 2017.
  2. Permanent Authority for Use of Simplified Acquisition Procedures under FAR 13.5, Test Program for Certain Commercial Items, issued 1/16/2015 has been superseded by Final Rule at 80 FR 38311 released on July 2, 2018.
  3. Establishing Minimum Wage for Contractors (52.222-99), issued 9/9/2014 has been superseded by Final Rule released at 80 FR 75915 released on December 4, 2015.
  4. Set-Asides for Women-Owned Small Businesses (19.505(b) and (c), issued on 6/4/2013 has been superseded by Final Rule released at 79 FR 35864 released on June 24, 2014.
  5. Providing Accelerated Payment to Small Business Subcontractors (52.232-99), issued on 11/5/2012 has been superseded by Final Rule at 78 FR 70477 released on November 25, 2013.
  6. Certification Regarding Responsibility Matters (52.209-5), issued on 10/22/2012 has been superseded by Final Rule at 81 FR 67728 released on September 30, 2016.
  7. Electronic Submission of Invoices (32.905), issued on 12/8/2008 has been superseded by Final Rule at 77 FR 70708 released on November 27, 2012.

Applicability:  This notice applies to all VA contracting activities.

Action Required:  Contracting Officers shall comply with all regulations provided herein.

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at va.procurement.policy@va.gov.

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