Government Contracts VA Continues VAAR Updates
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Friday, October 12, 2018

VA Continues VAAR Updates

By Government Contracts Editorial Staff

Two final rules revise the Veterans Affairs Acquisition Regulation to update or remove policy superseded by Federal Acquisition Regulation changes, move internal VA procedural guidance to the VA Acquisition Manual, and incorporate new agency-specific regulations and policies. These changes seek to streamline and align the VAAR with the FAR, remove outdated and duplicative requirements, and reduce burden on contractors. The VAAM incorporates portions of the removed regulations, as well as other internal agency acquisition policy. A full listing of the regulations impacted by these amendments appears in the table below.

Subcontracting and Property. One rule addresses Subcontracting Policies and Procedures (VAAR Part 844) and Government Property (VAAR Part 845). In particular, this rule supplements FAR Part 44 by: making public VA’s additional requirements for providing its consent to subcontract, describing items that should be evaluated as a part of a contractor’s purchasing system review, and establishing that contractors should determine whether subcontract items meet the FAR definition of a commercial item. The rule also supplements FAR Part 45 by: addressing procedures for contractors to document their acquisition of property for use in the service of VA contracts, addressing the transfer of title to the government of contractor-acquired property, and outlining the procedures for the use of property on a successor contract. The rule makes minor formatting and grammatical edits to the proposed rule (¶73,010.20). For the text of this final rule, which goes into effect on October 18, 2018, see ¶73,010.26.

Taxes, Quality Assurance, Transportation. The second final rule revises the VAAR with regard to Taxes (VAAR Part 829), Quality Assurance (VAAR Part 846), Transportation (VAAR Part 847), Solicitation Provisions and Contract Clauses (VAAR Part 852), and Special Procurement Controls (VAAR Part 870). In particular, this rule removes VAAR 829.203-70, Tax exemptions for alcohol products, and updates and moves the text to the VA Acquisition Manual. In VAAR Part 846, Quality Assurance, the rule revises VAAR Subpart 846.3 to prescribe clauses at VAAR 852.236-74, Inspection of Construction, VAAR 852.246-71, Rejected Goods, VAAR 852.246-72, Frozen Processed Foods, VAAR 852.246-73, Noncompliance with Packaging, Packing, and/or Marking Requirements, and VAAR 852.246-76, Purchase of Shellfish. The rule also adds guidance in VAAR Part 847 for VA transportation contracts and transportation-related services and subsequent payments on those contracts. Finally, the rule removes all remaining sections of VAAR Part 870 because that guidance was either moved, out of date, or duplicative of the FAR. The rule makes minor formatting and grammatical edits to the proposed rule (¶73,010.22). For the text of this final rule, which goes into effect on October 24, 2018, see ¶73,010.27.

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