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Acquisition Policy Flash! 21-28

What's Changed?

Preference for Offerors that employ Veterans on a Full-time Basis

Purpose: This Acquisition Policy Flash provides guidance to the Department of Veterans Affairs (VA) acquisition workforce regarding Section 7003 of H.R. 7105, also known as the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020. This added section 38 U.S.C. 8129, which stated that “In awarding a contract for the procurement of goods or services, the Secretary (of the U.S. Department of Veteran Affairs) may give preference to offerors that employ Veterans on a full-time basis.”

Effective Date: Immediately.

Affected VAAM Parts: VAAM Part M815.

Background: Title 38 of the U.S. code addresses Veterans’ Benefits. Part VI Subchapter II specially addresses Procurement and Supply. Section 7003, which amended Chapter 81 and added Section 8129 to Title 38, became part of public law 116-315 on January 5, 2021.

In addition to the Secretary providing a preference to vendors that employ Veterans on a full-time basis, Section 8129 also required that the preference be based “on the percentage of the full-time employees of the offeror who are Veterans.”

Applicability: This Acquisition Policy Flash applies to all VA contracting activities awarding contracts.

Action Required: VAAM 815-A, Source Selection Guide, is being updated with additional guidance for Program Offices and Contracting Officers who may wish to add an evaluation preference for offerors that employ veterans on a full-time basis in their solicitation.

Contracting Officers should follow the VAAM guidance in FAR Part 15, as applicable.

Additional Information: Direct any questions or comments regarding this Acquisition Flast to Procurement Guidance and Instruction Service (PGIS) via email at VAPGISMailbox@va.gov.

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