Government Contracts VAAR Rule Addresses Commercial Items, Simplified Acquisitions
Thursday, April 23, 2020

VAAR Rule Addresses Commercial Items, Simplified Acquisitions

By Government Contracts Editorial Staff

The Department of Veterans Affairs has finalized, with changes, a proposed rule (¶73,010.14) amending the VA Acquisition Regulation at VAAR Part 812, Acquisition of Commercial Items, and VAAR Part 813, Simplified Acquisition Procedures. The rule adds new VAAR 812.102-70 and VAAR 813.003-70, which clarify that the Veterans First Contracting Program applies to VAAR Part 812 commercial items acquisitions and simplified acquisitions under VAAR Part 813. The rule also adds new VAAR 813.102, which requires contracting officers to use the Vendor Information Pages database to confirm service-disabled veteran-owned small business and VOSB status, and revises VAAR 813.106-70 to emphasize that COs can use other than competitive procedures under specified circumstances when awarding to SDVOSBs and VOSBs. Another new section, VAAR 813.305-70, states that VA’s governmentwide commercial purchase card and/or convenience checks must be used in lieu of imprest funds and third party drafts.

New Clauses. Further, the rule revises VAAR 812.301 to add prescriptions for two new clauses: VAAR 852.212-70, Provisions and Clauses Applicable to VA Acquisition of Commercial Items, and VAAR 852.212-71, Gray Market Items. The new commercial items clause will be used in all solicitations and contracts for commercial acquisitions, but COs are directed to check only the provisions and clauses that apply to the individual acquisition. The new gray markets clause will be used in solicitations and contracts for new medical equipment for VA medical centers where the solicitation or contract includes the FAR 52.212-1 and FAR 52.212-2 commercial items clauses. This clause ensures that new medical equipment and associated services and support for VA medical centers are purchased from original equipment manufacturers, or their authorized distributors and resellers. Finally, the rule removes VAAR 812.302, VAAR Subpart 813.2, VAAR 813.302, VAAR 813.302-5, VAAR 813.307, and VAAR 853.213. This rule goes into effect on April 24, 2020. For the text of the rule, see ¶73,010.38.

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