Compliance with Executive order 13899.pdf

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Attached to
557-20-102 Renovate 5B North and East for Specialty Clinic
Solicitation number
36C24725R0054
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This document is a VA Acquisition Regulation Class Deviation related to Executive Order 13899, specifically addressing compliance requirements for federal contractors. The deviation modifies Parts 822 and 852 of the VA Acquisition Regulation to require contractors to comply with Executive Order 13899, which focuses on combating anti-Semitism pursuant to Title VI of the Civil Rights Act of 1964.

The new clause (852.222-71) mandates that contractors must: 1) comply with Executive Order 13899, 2) disclose in writing to the Contracting Officer any credible evidence of violations related to anti-Semitism by principals, employees, agents, or subcontractors, and 3) include these terms in all subcontracts and purchase orders. This class deviation will apply to solicitations and contracts that exceed the simplified acquisition threshold, with an effective date of April 2025.

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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.]

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)]

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

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