Government Contracts VA Rule Addresses Service Contracts, Negotiated Procurements
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Wednesday, October 2, 2019

VA Rule Addresses Service Contracts, Negotiated Procurements

By Government Contracts Editorial Staff

The Department of Veterans Affairs has finalized, with minor technical changes, a proposed rule (¶73,010.23) revising VAAR Part 801, Department of Veterans Affairs Acquisition Regulations System; VAAR Part 815, Contracting by Negotiation; VAAR Part 816, Types of Contracts; VAAR Part 837, Service Contracting; VAAR Part 849, Termination of Contracts; VAAR Part 852, Solicitation Provisions and Contract Clauses; and VAAR Part 871, Loan Guaranty and Vocational Rehabilitation and Employment Programs. A complete listing of the regulations impacted by the rule appears in the regulation table at the end of this newsletter.

New Clauses. The rule adds 12 new contract clauses, including 3 clauses that address protection of children under contracts providing child care services as required by FAR 37.103(d): VAAR 852.237-71, Nonsmoking Policy for Children Services; VAAR 852.237-72, Crime Control Act—Reporting of Child Abuse; and VAAR 852.237-73, Crime Control Act—Requirement for Background Checks. Also, the rule adds VAAR 852.215-72, Notice of Intent to Re-Solicit, which informs offerors that if only one offer is received in response to a solicitation that allows offerors fewer than 30 days to submit their proposal, the contracting officer may cancel the solicitation and re-solicit for an additional period of at least 30 days in accordance with VAAR 815.370-2. The rule further adds VAAR 852.216-76, Requirements—Supplement for Mortuary Services, for all requirements contracts for mortuary services. The VA is updating the VAAR in phased increments to revise policy superseded by Federal Acquisition Regulation changes, move internal VA procedural guidance to the VA Acquisition Manual, and incorporate new agency-specific regulations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. This final rule goes into effect October 4, 2019. For the text of the rule, see ¶73,010.36.

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