Attachment 8 - Compliance with Executive Order 13899.pdf

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Attached to
Z2DA--Project 521-22-119 NRM Replace windows (VA-26-00016046) Federal contract opportunity
Solicitation number
36C24726R0032
Issued by
Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 7

About this file

This document is a Class Deviation to the VA Acquisition Regulation (VAAR) implementing compliance requirements with Executive Order 13899, Combating Anti-Semitism.

The deviation modifies VAAR Part 822 (Application of Labor Laws to Government Acquisitions) and Part 852 (Solicitation Provisions and Contract Clauses) effective April 2025, based on the 48 CFR chapter 8 baseline dated October 7, 2024. The key requirement mandates that contracting officers insert clause 852.222-71 in all solicitations and contracts exceeding the simplified acquisition threshold. The clause requires contractors to: (1) comply with Executive Order 13899 pursuant to Title VI of the Civil Rights Act of 1964; (2) timely disclose in writing to the Contracting Officer any credible evidence that a principal, employee, agent, or subcontractor has committed violations under Executive Order 13899 related to anti-Semitism in connection with award, performance, or closeout of the contract or any subcontract; and (3) flow down these terms and conditions to all subcontractors and vendors, making them binding on every tier. This deviation applies government-wide to VA acquisitions and ensures compliance with federal civil rights protections against discrimination based on anti-Semitism.

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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.]

Attachment 8 - Compliance with Executive Order 13899 36C24726R0032 Replace Windows Phase III

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)]

Attachment 8 - Compliance with Executive Order 13899 36C24726R0032 Replace Windows Phase III

Solicitation Attachment 8 - VA852 Compliance with E.O. 13899 3
Solicitation Attachment 8 - VA852 Compliance with E.O. 13899 4

File details come from the government source that posted it. Updated .