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Acquisition Policy Flash! 19-22

What's Changed?

Notification of the Publication of Revised Department of Veterans Affairs Acquisition Regulation (VAAR) Part 836, Construction and Architect-Engineer Contracts and New VA Acquisition Manual (VAAM) Part M836, Construction and Architect-Engineer Contracts Letters

Purpose:  To notify the VA Acquisition workforce of the publication of revised VAAR part 836 and its affected parts 801, 825, 842, 846, 852, and 853; as well as the publication of new VAAM part M836.

VAAR/VAAM Parts Impacted:  VAAR parts 801, 825, 836, 842, 846, 852, and 853; VAAM part M836.

Effective Date:  April 18, 2019

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. 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, VAAR Update 2008-13 dated April 18, 2019 contains revisions to VAAR parts 836—Construction and Architect-Engineer Contracts and affected parts 801, 825, 842, 846, 852, and 853, that were published in a Federal Register Notice as a final rule at 84 FR 9968 (document number 2019-04900) on March 19, 2019 with an effective date of April 18, 2019, and which adopted as a final rule the proposed rule published September 7, 2018.

Due to the publishing of new VAAM part M836, the following VA acquisition policies are rescinded:

  1. Class Deviation—Veterans Benefits Administration Authority for Architect-Engineer Services in VA Acquisition Regulation (VAAR) Subpart 836.6, dated July 20, 2017, is rescinded;
  2. Class Deviation from the VA Acquisition Regulation 836.213-70, Notice to proceed, dated November 7, 2018, is rescinded; and
  3. Procurement Policy Memorandum 2019-01, Postaward Orientation, dated January 9, 2019, paragraph 6(d) only, is rescinded.

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

Action Required:  Comply with the requirements of the abovementioned revised and affected VAAR part, and new VAAM part.

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.

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