Acquisition Policy Flash! 21-05
Class Deviation from VAAR Parts 819 and 852 to Implement Service-Disabled Veteran-Owned Small Business (SDVOSB) and Veteran-Owned Small Business (VOSB) Certification Requirements
Purpose: To issue a VA Acquisition Regulation (VAAR) class deviation in accordance with Federal Acquisition Regulation (FAR) 1.404 and VAAR 801.404, Class deviations, to immediately implement statutory changes as a result of Pub. L. 116-183, “Protecting Business Opportunities for Veterans Act of 2019,” which was signed by the President and enacted October 30, 2020. This class deviation adds the prescription and two new VAAR clauses containing notice of required certification language. A VAAR update will be forthcoming.
VAAR Part/Sections Referenced: VAAR part 819 and part 852.
Effective Date: Immediately.
Background: Public Law 116-183, Protecting Business Opportunities for Veterans Act of 2019, amends 38 U.S.C. 8127 to improve the oversight of contracts awarded by VA to small business concerns owned and controlled by Veterans. The Act requires that the Secretary may award a contract under 38 U.S.C. 8127 only after the Secretary obtains from the offeror a certification that the offeror will comply with the requirements applicable to a covered small business concern pursuant to section 46 of the Small Business Act, 15 U.S.C. 657s, Limitations on subcontracting, with respect to a small business concern owned and controlled by Veterans awarded under 38 U.S.C. 8127. If awarded a contract, offerors are required to certify to 1) the exact performance requirements applicable (e.g., limitations on subcontracting, similar situated entities) under 15 U.S.C. 657s and 2) explicitly acknowledge that the certification is subject to Title 18, U.S.C. section 1001 which provides that a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.
Applicability: This class deviation applies to all VA contracting activities and is applicable to all VA solicitations and contracts awarded on or after October 31, 2020 to Service-Disabled Veteran-Owned Small Businesses (SDVOSBs) or Veteran-Owned Small Businesses (VOSBs) pursuant to the authority of 38 U.S.C. 8127.
Action Required: Contracting officers shall comply with the attached class deviation.
Additional Information: Direct any questions or comments regarding this deviation to Procurement Policy and Warrant Management services at email@example.com.