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Acquisition Policy Flash! 21-04

What's New?

Contracts for Hurricane Zeta Relief Efforts

Purpose: This Acquisition Policy Flash provides guidance to the Department of Veterans Affairs (VA) acquisition workforce regarding the Department of Labor’s, Office of Federal Contract Compliance Programs (OFCCP), National Interest Exemption (NIE) for new Federal contracts for Hurricane Zeta relief efforts.

Effective Date: Immediately.

Affected FAR Parts: FAR Parts 52.222-26, 52.222-35, and 52.222-36.

Background: Considering the devastation caused by Hurricane Zeta, the OFCCP issued NIE memorandums which provide temporary exemption from certain FAR requirements. The exemption period for Hurricane Zeta is from October 28, 2020 through January 28, 2021.

These exemptions might be extended by OFCCP. For the duration of the exemption periods, new Federal contracts for Hurricane Zeta relief should contain a provision exempting the contractor from having to develop written affirmative action programs required by Executive Order 11246, as amended; the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), as amended; and Section 503 of the Rehabilitation Act of 1973, as amended.

Applicability: This Acquisition Policy Flash applies to all VA contracting activities awarding contracts for Hurricane Zeta disaster relief.

Action Required: Contracting Officers should follow the Procedures, Guidance and Instructions (PGI) for FAR Part 18 located on the Acquisition Knowledge Portal.

Additional Information: Direct any questions or commentws to the Procurement Guidance and Instruction Service (PGIS) via email at VAPGIS@va.gov.