Attachment 7 - COMPLIANCE WITH EO 13899.pdf

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Attached to
Z2DA--557-23-103 | Replace Building 2 and Building 4 Generators | Construction (VA-27-00003948)
Solicitation number
36C24726Q0772
Issued by

About this file

This document is a VA Acquisition Regulation (VAAR) Class Deviation that modifies VAAR Parts 822 and 852 to implement compliance requirements with Executive Order 13899.

The deviation, effective April 2025, requires contracting officers to insert clause 852.222-71, "Compliance with Executive Order 13899," in all VA solicitations and contracts exceeding the simplified acquisition threshold. The clause 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 the Executive Order in connection with contract award, performance, or closeout. The clause further requires contractors to include these same terms and conditions in every subcontract or purchase order to ensure binding compliance throughout the supply chain. The baseline regulation used for this deviation is 48 CFR chapter 8 dated October 7, 2024.

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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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