Date: July 25, 2016
From: Acting Deputy Senior Procurement Executive
Subj: VA PROCUREMENT POLICY MEMORANDUM (2016-05) – Implementation of the Veterans First Contracting Program as a Result of the U.S. Supreme Court Decision To: See Distribution

1. Purpose: The purpose of this Procurement Policy Memorandum (PPM) is to—

a. Provide revised Department of Veterans Affairs (VA) policy, procedures, guidance, and instruction regarding the Veterans First Contracting Program as required by 38 U.S.C. §§ 8127 – 8128 and implemented under VA Acquisition Regulation (VAAR) subpart 819.70, as a result of the June 16, 2016 decision of the U.S. Supreme Court in Kingdomware Technologies, Inc. v. United States (Kingdomware).

b. Provide revised internal policy and procedures to address any required changes related to other affected VAAR parts and internal business processes as a result of the U.S. Supreme Court’s decision.

c. Identify the various parts of the VAAR that require a Class Deviation to fully implement the required changes as a result of the U.S. Supreme Court decision.
d. Rescind the following, effective the date of the publication of this PPM:

1) Acquisition Policy Flash 16-16, United States Supreme Court decision concerning the SDVOSB/VOSB contracting program at the Department of Veterans Affairs, June 22, 2016.

2) Acquisition Policy Flash 16-11, Class Deviation from VAAR part 808, Required Sources of Supplies and Services, and 808.002, Priorities for Use of Government Supply Sources, May 10, 2016.

3) Procurement Policy Memorandum 2013-01, Sole Source Contracting under Title 38, U.S.C. Sections 8127 and 8128, enacted as part of the Veterans Benefits, Health Care and Information Technology Act of 2006.