VAAR Class Deviation 852.222-71, Compliance with E.O. 13899.pdf

Department of Veterans Affairs Memorandum

Date: April 01, 2025

From: Acting Executive Director, Office of Acquisition and Logistics (003A), and Acting Senior Procurement Executive

Subj: VA Acquisition Regulation (VAAR) Class Deviation to VAAR Part 822, Application of Labor Laws to Government Acquisition, and Part 852, Solicitation Provisions and Contract Clauses, to Require Compliance with Executive Order (E.O.) 13899

To: Heads of the Contracting Activities

1. Purpose. To issue a class deviation in accordance with Federal Acquisition Regulation (FAR) 1.404, and VAAR 801.404, Class deviations, to require contractor compliance with E.O. 13899, Combatting Anti-Semitism.

2. VAAR Parts Impacted: VAAR parts 822 and 852.

3. Effective Date. Immediately.

4. Expiration Date. This deviation expires when incorporated into the VAAR or is otherwise rescinded.

5. Applicability. This class deviation applies to all VA contracting activities.

6. Exceptions. None.

7. Background

a. Current VAAR Policy. Not applicable.

b. Need for Deviation. To further promote compliance with E.O. 13899, a new VAAR clause is required that applies to all VA solicitations and contracts that use appropriated funds and exceed the simplified acquisition threshold (SAT).

c. New Policy. VAAR 822.810(h) is added to require contracting officers to include the new clause at 852.222-71, Compliance with Executive Order 13899, in all VA solicitations and contracts that use appropriated funds and exceed the SAT.

8. Required Action. Contracting officers must comply with this deviation by including the clause at 852.222-71 in all solicitations for contracts that will use appropriated funds and exceed the SAT. Contracting officers must incorporate the clause at 852.222-71 in any existing contract that exceeds the SAT and is not otherwise

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 physically complete (See FAR 4.804-4) or has more than six (6) months remaining until the ultimate expiration date.

9. Additional information. Send questions to va.procurement.policy@va.gov.

Joseph P. Maletta Acting Executive Director Office of Acquisition and Logistics

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 https://www.acquisition.gov/far/part-4#FAR_4_804_4:%7E:text=4.804%2D4Physically,period%20has%20expired.

mailto:va.procurement.policy@va.gov

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)]