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Acquisition Policy Flash! 13-18

What's New?

Class Deviation to FAR 19.505(b)
and (c)

Dated:  June 20, 2013

Purpose:  This class deviation establishes a deviation from the FAR to comply with Section 8(m) of the Small Business Act (15 U.S.C. 637 (m)) to remove the dollar limitations for set-asides to an economically disadvantaged woman-owned small business (EDWOSB) or a WOSB eligible under the Small Business Administration’s (SBA) Women-owned Small Business Federal Contracting Program.

Federal Acquisition Regulation (FAR) Section Impacted:  FAR 19.1505 (b) and (c)

Effective Date:  Immediately

Background:  On May 7, 2013, the Small Business Administration (SBA) issued an Interim Final Rule implementing Section 1697 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013, Public Law 112-239.  The interim rule removed the dollar limitation for set-asides under the WOSB Program.  An interim FAR rule (FAR Case 2013-010) will be issued in the next Federal Acquisition Circular that will amend FAR 19.1505 (b) and (c) to remove the dollar limitations on the anticipated award price of a contract to a EDWOSB or WSOB concern eligible under the WOSB program.  This change will allow contracting officers to restrict competition under the WOSB program at any dollar level, provided the other requirements for a set-aside under the WOSB program are met.  Pending issuance of the interim FAR rule, this class deviation authorizes set-asides in accordance with the change to FAR 19.1505(b) and (c).

  • Note:  This deviation does NOT affect the Small Business Contracting Order of Priority listed in VAAR 819.7004

New Policy:  This deviation will authorize contracting officers to restrict competition under the WOSB Program at any dollar level, provided the other requirements for a set-aside under the WOSB program are met.

Action Required:  HCAs to comply with and ensure dissemination of the class deviation to FAR 19.1505 (b) and (c).

Additional Information:  Questions or concerns should be addressed to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A) at va.procurement.policy@va.gov.