Acquisition Policy Flash! 20-16 - Office of Acquisition and Logistics (OAL)
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Acquisition Policy Flash! 20-16

What's Changed?

Class Deviation from the Federal Acquisition Regulation to Provide for Accelerated Payments to Small Business Contractors and Subcontractors

Purpose: To issue a class deviation in advance of a final FAR rule, to provide for accelerated payments to contractors that are small businesses, and to small business subcontractors by accelerating payments to their prime contractors.

FAR and VAAR Parts Impacted: FAR parts 12, 32, and 52; and VAAR part 832.

Effective Date: Immediately.

Background: This deviation requires the Government to accelerate payments to both small business contractors and prime contractors who subcontract with small business concerns. The deviated FAR clause at 52.232-40, Providing Accelerated Payments to Small Business Subcontractors, requires prime contractors (large or small) to then make accelerated payments to small business subcontractors when such accelerated payments are received by the prime. VA Acquisition Regulation (VAAR) 832.904-70 is removed as redundant due to this FAR class deviation.

In addition to this deviation, during the duration of the fight against the novel coronavirus (COVID-19), VA contracting officers and payment offices are encouraged to make payment to large business contractors as soon as practicable, with a goal of making payments within 15 days after receipt of a proper invoice and confirmation that the goods & services have been received and accepted by the Federal Government. This is pursuant to Office of Management and Budget Memorandum M-20-28, “Buying for America,” dated July 20, 2020.

Applicability: This class deviation applies to all VA contracting activities.

Action Required: Contracting officers shall comply with the attached class deviation.

Additional Information: Direct any questions or comments to Procurement Policy and Warrant Management Service (003A2A) via email at va.procurement.policy@va.gov or via telephone at (202) 632-5288.