Subject: Class Deviation to VAAR to require compliance with P.L. 119-37, § 258.

Purpose: To inform the VA acquisition workforce (AWF) that a class deviation is issued to require compliance with P.L. 119-37 § 258. This class deviation precedes the issuance of a forthcoming VAAR 840 overhaul class deviation as well as a final VAAR rule. This class deviation establishes the mandatory use of provision 852.240-70, Compliance with P.L.119-37§ 258 (DEVIATION) (Mar 2026).

VAAR Parts Referenced: 840 and 852.

Effective Date: Immediately.

Expiration Date:  NA

Background: P.L. 119-37 § 258 was signed into law on November 12, 2025, and is also known as ‘‘Continuing Appropriations, Agriculture, Legislative Branch, Military Construction and Veterans Affairs, and Extensions Act, 2026.” This law establishes that VA must not procure or purchase covered information technology (CIT) equipment in cases where the manufacturer, bidder, offeror, or any subsidiary or parent entity of the manufacturer, bidder, or offeror, of the CIT equipment is an entity, or parent company on anyone, of a group, of prohibition lists listed within the P.L. 119-37, § 258, and maintained by other agencies.

Applicability: This deviation applies to all VA activities.

Action Required: Contracting officers shall include the provision at 852.240-70 in all solicitations that will use appropriated funds, procure CIT equipment, and that exceed the micro-purchase threshold.

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