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Acquisition Policy Flash! 23-07

What's Changed?

VA Acquisition Regulation (VAAR) Class Deviation to Make Conforming Changes Required by the Small Business Administration Veteran Small Business Certification Program; Various Parts

Purpose: To implement the expansion of the certification requirement across all Federal agencies for Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), and the transfer of the certification authority for both SDVOSBs and Veteran-Owned Small Businesses (VOSBs) from the VA to the Small Business Administration (SBA), effective January 1, 2023.

VAAR Parts Impacted: 802, 806, 808, 810, 813, 819, 852, and 873.

Effective Date: January 1, 2023.

Background: Section 862 of the William H. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, Public Law 116-283, (January 1, 2021) required SBA to amend its regulations at 13 CFR 125 to eliminate self-certification and to create a government-wide certification program for SDVOSBs and VOSBs. To implement the new policy regarding the SBA Veteran Small Business Certification Program (also referred to informally by the SBA as “VetCert”), various VAAR parts are updated to remove the VIP database title and web address, and other pertinent information. The changes also include new references to the SBA certification database that VA contracting officers shall use to confirm SDVOSB and VOSB certifications. VA will continue its unique VA Veterans First Contracting Program pursuant to the authority in 38 U.S.C. 8127-8128 to apply preferences and award set-aside or sole source contracts to SDVOSBs and VOSBs in accordance with the contracting order of priority (i.e., to SDVOSBs first, then to VOSBs).

Applicability: This class deviation applies to all VA contracting activities and is applicable to all VA solicitations, contracts, subcontracts, orders, and agreements awarded to SDVOSBs or VOSBs pursuant to the VA Veterans First Contracting Program under the authority of 38 U.S.C. 8127-8128.

Action Required: Contracting officers shall comply with the attached class deviation.

Additional Information: Direct any questions to the Procurement Policy and Warrant Management Service (003A2A) at va.procurement.policy@va.gov.

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