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Acquisition Policy Flash! 23-04

What's Changed?

Publication of Federal Acquisition Circular (FAC) 2023-01

Purpose: FAC 2023-01 was published in the Federal Register on December 1, 2022, which included three final rules and Technical Amendments to the FAR, with two being applicable to the VA Acquisition Workforce, as summarized below.

FAR Parts Impacted: FAR parts 1, 4, 13, 18, 22, 25, 27, 52

Effective Date: December 30, 2022.

Background: The following applicable FAR final rules are summarized:

  1. FAR Case 2020-014, United States-Mexico-Canada Agreement. Amends the FAR to implement the United States-Mexico-Canada Agreement (USMCA) and the United States-Mexico-Canada Agreement Implementation Act (Pub. L. 116-113) (FY20), which replaces the North American Free Trade Agreement (NAFTA). The Government Procurement Agreement at chapter 13 of the USMCA applies only to Mexico, so Canada is no longer a Free Trade Agreement (FTA) country. The final rule amended FAR parts to implement, among other things, USMCA thresholds, FTA policies and procedures concerning USMCA, and updates to various FAR provisions and clauses. See 87 FR 73890 for complete summary of changes.

    Impact to VA Acquisition Workforce/Action required/Applicability: Note the contract writing system clause updates will be made, however, contracting officers shall ensure inclusion of the applicable amended provisions and clauses. There are no changes to the VAAR. Applies to solicitations containing certain FAR provisions or clauses, and at certain thresholds.
  2. FAR Case 2016-005, Effective Communication Between Government and Industry. The final rule clarifies that agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing laws and regulations, and do not promote an unfair competitive advantage to particular firms. See 87 FR 73902 for complete summary of changes.

    Impact to VA Acquisition Workforce/Action required: Provides more flexibility in communications with industry, there are no changes to the VAAR.

Additional Information: Direct any questions or comments regarding this notice to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at va.procurement.policy@va.gov.

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