Subject: Class Deviation to VA Acquisition Regulation (VAAR) for compliance with the Make PPE in America Act.

Purpose: To issue a class deviation in accordance with FAR Overhaul 1.304, to implement the Make PPE in America Act. This establishes deviations from VAAR part 825 and VAAR part 852.

VAAR Parts Referenced: 825 and 852.

Effective Date: Immediately.

Background: On November 15, 2021, the Infrastructure Investment and Jobs Act (P.L. 117-58) was signed into law. Subtitle C of title IX of Division G, Make PPE in America Act (Act), requires VA to take certain actions to support personal protective equipment (PPE) manufacturing in the United States and to safeguard public health and national security. As provided in the Act, Congress found that the COVID–19 pandemic exposed the vulnerability of the United States’ supply chains and lack of domestic production of PPE. The intent of the Act is to ensure the United States has a long-term investment strategy for the domestic production of PPE items critical to the United States’ national response to a future public health crisis.

Except for the exceptions listed in the Make PPE in America Act, and incorporated into this deviation, any contract for the procurement of personal protective equipment shall:

(a) Be issued for a base period of performance of at least 2 years, plus all option periods necessary, to incentivize investment in the production of personal protective equipment and the materials and components thereof in the United States; and,

(b) Be for personal protective equipment, including the materials and components thereof, that is grown, reprocessed, reused, or produced in the United States.

Applicability: This Acquisition Policy Flash applies to all VA acquisitions of PPE.

Action Required: VA contracting officers must follow the new VAAR class deviation when procuring PPE.

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.