Attachment 7 - COMPLIANCE WITH EO 13899.pdf
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- Solicitation number
- 36C24726Q0772
About this file
This is a VA Acquisition Regulation (VAAR) class deviation document that modifies Parts 822 and 852 of the VAAR, effective April 2025.
The deviation establishes a new mandatory contract clause requirement under VAAR Part 822.810(h) and creates clause 852.222-71 for solicitations and contracts exceeding the simplified acquisition threshold. The clause, titled "Compliance with Executive Order 13899," obligates contractors to comply with Executive Order 13899 (Combating Anti-Semitism) pursuant to Title VI of the Civil Rights Act of 1964. Contractors must timely disclose in writing to the Contracting Officer any credible evidence that a principal, employee, agent, or subcontractor has committed a violation under Executive Order 13899 in connection with contract award, performance, or closeout. Additionally, contractors must flow down the clause terms and conditions to all subcontracts and purchase orders to ensure binding compliance by subcontractors and vendors.
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Attachment
VA Acquisition Regulation Class Deviation to VAAR Part 822, Application of Labor Laws to Government Acquisitions, and Part 852, Solicitation Provisions and Contract Clauses to Require Contractor Compliance with Executive Order
13899
CLASS DEVIATION
VAAR Text Baseline is 48 CFR chapter 8 dated October 7, 2024.
Changes to baseline shown as [bolded, bracketed additions] and strikethrough deletions.
VAAR text unchanged shown as asterisks.
PART 822 – APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
[Subpart 822.8—Equal Employment Opportunity [(DEVIATION) (APR 2025)]
822.810 Solicitation provisions and contract clauses.
(h) Contracting officers shall insert the clause at 852.222-71, Compliance with Executive Order 13899, in solicitations and contracts that exceed the simplified acquisition threshold.]
PART 852 – SOLICIATION PROVISIONS AND CONTRACT CLAUSES
Subpart 852.2—Text of Provisions and Clauses
[852.222-71, Compliance with Executive Order 13899. (DEVIATION) (APR 2025)
As prescribed in 822.810(h), insert the following clause:
Compliance with Executive Order 13899. (DEVIATION) (APR 2025)
a. The contractor shall comply with Executive Order 13899, Combating Anti-Semitism, pursuant to Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.
b. The contractor shall timely disclose, in writing, to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation under Executive Order 13899, Combatting Anti-Semitism pursuant to the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq.
c. The contractor shall include the terms and conditions of this clause in every subcontract or purchase order so that these terms will be binding on every subcontractor or vendor.
(End of clause)]
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