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Acquisition Policy Flash! 22-06

What's Changed?

Notification of VA Acquisition Regulation (VAAR) Update Number 2008-32

Purpose: To notify the VA acquisition workforce of the publication of revised VAAR parts 806, 871, and 873, and their affected part 852; technical revisions to parts 802, 852, and 853; as well as the publication of new VAAM parts M806, M827, M848, and M851.

Affected VAAR/VAAM Parts: VAAR parts 802, 806, 852, 853, 871, and 873; and VAAM parts M806, M827, M848, and M851.

Effective Date: November 1, 2021.

Background: VAAR Update Number 2008-32 dated November 1, 2021 contains revisions to VAAR published under four final rules in the Federal Register: 1) part 806 that were published in a Federal Register Notice as a final rule at 86 FR 54111 (document number 2021-20926) on September 30, 2021 with an effective date of November 1, 2021, and which adopted as a final rule the proposed rule published February 1, 2019; 2) part 873, and affected part 852, that were published in a Federal Register Notice as a final rule at 86 FR 54117 (document number 2021-20922) on September 30, 2021 with an effective date of November 1, 2021, and which adopted as a final rule the proposed rule published January 21, 2021; 3) parts 802, 852, and 853, that were published in a Federal Register Notice as a final rule at 86 FR 54402 (document number 2021-20921) on October 1, 2021 with an effective date of November 1, 2021, and which adopted as a final rule the proposed rule published June 30, 2020; and 4) part 871, and affected part 852, that were published in a Federal Register Notice as a final rule at 86 FR 54405 (document number 2021-20891) on October 1, 2021 with an effective date of November 1, 2021, and which adopted as a final rule the proposed rule published June 30, 2020. Due to the publishing of the revised VAAR parts, the following VA acquisition policies are rescinded:

1) Class Deviation—Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Class Deviation—Veterans First Contracting Program (VFCP 2016), attachments 1, 3, and 11, dated July 26, 2016, is partially rescinded at 802.102, 806.201, 806.203-70, 806.302-5-70, 873.101, and 873.103.

2) Class Deviation—VAAR 806.304 Approval of Justification, dated August 8, 2016, is rescinded.

3) Class Deviation from VA Acquisition Regulation 806.501 and 816.505(b)(8) to change the Official title of the VA Advocate for Competition and the VA Ombudsman, dated September 9, 2021, is partially rescinded at 806.501.

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

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

Additional Information: Direct any questions or comments to Procurement Policy and Warrant Management Service at va.procurement.policy@va.gov.

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