Office of Acquisition and Logistics (OAL)
Regulatory Deviations
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A deviation is the issuance or use of a policy, procedure, solicitation provision, contract clause, method, or practice of conducting acquisition actions of any kind at any stage of the acquisition process that is inconsistent with the Federal Acquisition Regulation (FAR) or VA Acquisition Regulation (VAAR). Deviations are processed in accordance with FAR 1.400, Deviations from the FAR
; VAAR 801.4, Deviations from the FAR or VAAR. In general, an approved deviation may authorize lesser or greater limitations on the use of any solicitation provision, contract clause, policy, or procedure prescribed by the FAR or VAAR.
A deviation is either from the FAR or VAAR, and may be either an individual and class deviation. An individual deviation affects only one contact action, while a class deviation affects more than one contract action.
- For individual deviations, VAAR 801.403(b) requires a contracting officer to submit a deviation request through the Head of the Contracting Activity (HCA). Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service at va.procurement.policy@va.gov
- For class deviations, any VA employee that finds that a class deviation is necessary may submit a request to their respective HCA. Upon HCA approval, the HCA or designee may submit the deviation request to the Procurement Policy Service (PPS) at va.procurement.policy@va.gov.
The deviation request must clearly state the circumstances warranting the deviation and the nature of the deviation.
PPS will review the deviation request to determine its appropriateness and request any additional information, as needed. If the deviation request is approved, PPS will format the request, and prepare it for the Deputy Senior Procurement Executive’s (DSPE) signature. Upon DSPE approval of an individual deviation, the requester will be notified. Upon DSPE approval of a class deviation, the deviation will be issued via acquisition alert and made available on this site.
Title | Date | Type | Status |
---|---|---|---|
Increase to the Threshold for Requiring Certified Cost or Pricing Data (FAR Case 2018-005) | 08/06/2018 | Class | Active |
Total Small Business Set-Asides | 03/22/2018 | Class | Active |
Increasing the Micro-Purchase Threshold and the Simplified Acquisition Threshold (FAR Case 2018-004) | 03/22/2018 | Class | Active |
Removal of the Fair Pay and Safe Workplaces Final Rule(FAR Case 2014-025) Superseded by Final Rule issued at 82 FR 51527 on 11/6/17. |
10/19/2017 | Class | Superseded |
Implementing Revised Statutory Conditions for the Exercise of Special Emergency Procurement Authorities (FAR Parts 2, 10, 12, 13, 18, and 26) | 09/01/2017 | Class | Active |
Implement an Act to Enhance Whistleblower Protection for Contractor Employees (FAR Parts 3.9, 52.203-17, 52.212-4(r)) | 07/26/2017 | Class | Active |
Implement an Appropriations Provision Related to Internal Confidentiality Agreements and the Reporting of Fraud, Waste, or Abuse (FAR Part 12) | 04/09/2015 | Class | Superseded |
Permanent Authority for Use of Simplified Acquisition Procedures under FAR 13.5, Test Program for Certain Commercial Items Superseded by Final Rule issued at 80 FR 38311 on 7/2/18. |
01/16/2015 | Class | Superseded |
Establishing Minimim Wage for Contractors (52.222-99) Superseded by Final Rule issued at 80 FR 75915 on 12/4/15. |
09/09/2014 | Class | Superseded |
Set-Asides for Woman-Owned Small Businesses (19.505(b) and (c)) Superseded by Final Rule issued at 79 FR 35864 on 6/24/14. |
06/04/2013 | Class | Superseded |
Approval of Justification (6.304(a)(1)) | 12/27/2012 | Class | Rescinded |
Biobased Products Reporting Requirement (52.223-2) — Expired (See Acquisition Policy Flash! 15-18, Biobased Reporting | 11/27/2012 | Class | Expired |
Providing Accelerated Payment to Small Business Subcontractors (52.232-99) Superseded by Final Rule issued at 78 FR 70477 on 11/25/13. |
11/05/2012 | Class | Superseded |
Certification Regarding Responsibility Matters (52.209-5) Superseded via issuance of FAR Final Rule at 81 FR 67728 on 9/30/16. |
10/22/2012 | Class | Superseded |
Electronic Submission of Invoices (32.905) Superseded by Final Rule at 77 FR 70708 on 11/27/12. |
12/08/2008 | Class | Superseded |
Test Program for Certain Commercial Items (13.5) | 03/01/2010 | Class | Expired |
Updates of Information Regarding Responsibility Matters (52.209-8) | 11/02/2010 | Class | Superseded |
Acquisition Information Technology (Part 39) | 12/08/2008 | Class | Superseded |
Title | Date | Type | Status |
---|---|---|---|
Updated Policy on Notice to Proceed (VAAR 836.213-70) | 11/26/2018 | Class | Active |
To add VA Acquisition Regulation 813.303-5, Purchases under Blanket Purchase Agreements | 08/07/2018 | Class | Active |
Increased Dollar Threshold to the Simplified Acquisition Threshold (SAT) for VA Form 10-2421 (813.307 and 853.213) | 08/01/2018 | Class | Active |
Adding VAAR 819.72, VA Subcontracting Compliance Review Program (SCRP) and associated clauses | 06/27/2018 | Class | Active |
Increased Dollar Threshold to the Simplified Acquisition Threshold for VA Form 10-2421 (813.307 and 853.213) | 03/31/2018 | Class | Active |
Written Acquisition Plans (VAAR 807.105-70) | 03/08/2018 | Class | Active |
Update Head of Contracting Activity Delegation and Redelegation Authorities; and Increase a Threshold for Review of Acquisition Plans | 03/08/2018 | Class | Active |
Priorities for Use of Mandatory Government Sources (VAAR 808.002) | 02/09/2018 | Class | Active |
Veterans Benefits Administration Authority for Architect-Engineer Services in VA Acquisition Regulation (VAAR) Subpart 836.6 | 07/20/2017 | Class | Active |
Debarment, Suspension and Ineligibility (802.101 and 809.4) | 06/02/2017 | Class | Active |
Review Requirements - OGC (801.602-75) | 04/12/2017 | Class | Active |
Increased Dollar Threshold to the Simplified Acquisition Threshold for VA Form 10-2421 (813.307 and 853.213) | 03/31/2017 | Class | Expired |
(Revised) Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Veterans First Contracting Program (VFCP 2016)) – Revised Attachment 4, Feb 2017 | 03/01/2017 | Class | Superseded |
Nonmanufacturer Rule Waiver to the Small Business Administration (SBA) (819.102) | 02/17/2017 | Class | Active |
Responsibilities (815.303) | 12/15/2016 | Class | Active |
Technical Review Requirements (801.602-71) | 10/06/2016 | Class | Active |
Approval of the Justification (806.304) | 08/10/2016 | Class | Active |
Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision (Veterans First Contracting Program (VFCP 2016)) – See VFCP Memo dated March 2017 for revised Attacment 4 | 07/25/2016 | Class | Active |
Required Sources of Supplies and Services, and Priorities for Use of Government Supplies Sources (808 and 808.002) | 05/05/2016 | Class | Active |
Employee Empowerment Initiative (EEI) (801.602-70, 801.602-71, and 801.602-72) | 12/15/2015 | Class | Active |
Contracts Regarding Option Year Contracts and Terms Exceeding 5 Years (817.204) | 12/15/2015 | Class | Active |
Employee Empowerment Initiative (EEI) (832.202-1(d) and 832.202) | 12/15/2015 | Class | Active |
Language Clarification - Requirements (806.501) | 12/15/2015 | Class | Active |
Debarment, Suspension and Ineligibility (802.101 and 809.400) | 04/30/2015 | Class | Active |
Representatives of Contracting Officers (801.603-70) | 11/19/2014 | Class | Active |
Ratification of Unauthorized Commitments (801.602-3) | 05/03/2013 | Class | Active |
Sole Source Awards to Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns (819.7007(b)) and Sole Source Awards to Veteran-Owned Small Business (VOSB) Concerns (819.7008(b)) | 12/27/2012 | Class | Active |
Indefinite-quantity contracts (816.504) | 10/11/2012 | Class | Rescinded |
Continuation of Contracts (809.405-1) | 10/01/2012 | Class | Active |
Eligibility (819.7003) | 06/01/2012 | Class | Expired |
Deviation for Deputy Senior Procurement Executive Duties (801.304) | 04/16/2012 | Class | Active |
Representation of Contracting Officers (801.603-70) | 10/20/2010 | Class | Active |
Vendor Information Pages Deviation (804.1102) | 09/10/2010 | Class | Expired |
Documents to submit for legal or technical review - contract modifications (801.602-83) | Individual |
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