Subject: Class Deviation from the VAAR to promote compliance with Executive Order (E.O.) 13899, Combatting Anti-Semitism

Purpose: To inform the VA acquisition workforce that, in accordance with FAR 1.404, a class deviation is issued to further promote compliance with E.O. 13899, Combatting Anti-Semitism. The class deviation precedes the issuance of a final VAAR rule, and it establishes the mandatory use of 852.222-71, Compliance with Executive Order 13899. (DEVIATION) (APR 2025)..

Effective Date: Immediately.

Expiration Date:  NA

Background: E.O. 13899, Combatting Anti-Semitism, was signed by President Donald Trump on December 11, 2019. The primary aim of this E.O. is to address the rise in anti-Semitic incidents by attempting to enforce Title VI of the Civil Rights Act of 1965 against discriminatory behavior that is rooted in anti-Semitism.

Applicability: This deviation applies to all solicitations for contracts that will use appropriated funds and exceed the simplified acquisition threshold (SAT); and any existing contract that exceeds the SAT and is not otherwise physically complete (See FAR 4.804-4) or has more than six (6) months remaining until the ultimate expiration date.

Action Required: Contracting officers shall include 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 physically complete (See FAR 4.804-4) or has more than six (6) months remaining until the ultimate expiration date.

Additional Information: Direct questions or concerns regarding this deviation to the Office of Acquisition and Logistics (003A), Procurement Policy and Warrant Management Service (003A2A), at va.procurement.policy@va.gov.