Government Contracts Proposed Rule Would Remove VAAR Part on Foreign Acquisition
Wednesday, July 8, 2020

Proposed Rule Would Remove VAAR Part on Foreign Acquisition

By Government Contracts Editorial Staff

A proposed rule issued by the Department of Veterans Affairs would remove and reserve VAAR Part 825, Foreign Acquisition. VA is proposing the change because much of the information in this part is internal and procedural in nature. The rule would move VAAR 825.103, Exceptions, to the VA Acquisition Manual. VAAR 825.104, Nonavailable articles, would be removed altogether because the items listed on the nonavailable list are now available from domestic sources. VAAR 825.602, Exceptions, corresponds to FAR Subpart 25.6, American Recovery and Reinvestment Act—Buy American Statute—Construction Materials, but this VAAR section predates the Recovery Act and no longer implements or supplements FAR Subpart 25.6. Further, the rule would move VAAR 825.870, Technical assistance, to the VAAM as it provides procedural guidance to contracting officers on questions regarding international contracts. The rule proposes to remove VAAR 825.902-70 in its entirety because it provides outdated guidance regarding technical assistance for clearing items through customs. Finally, VAAR 825.1001, Waiver of right to examination of records, provides procedural guidance and assigns responsibility for preparing and submitting determinations and findings under FAR 25.1001, so this section would also be moved to the VAAM. VA issued the rule in connection with its revision and streamlining initiative. Comments on the proposed rule are due August 10, 2020. For the text of the rule, see ¶73,010.40.

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