GSA vs. VA Lease Acquisition Q & A

Q: We were told by a VA contracting officer for that the VA is not required to follow VA Acquisition Regulations (VAAR) source selection requirements for real property leases. Furthermore, we were told the particular VAAR clauses which VA does not have to follow are: VAAR 815.304(a), VAAR 815.304-70(a), and VAAR 852.215-70(b). Each of these regulations concern contracting with veteran owned businesses. The reason we were given describing why the VA does not have to include these provisions in its RLP or follow these provisions was that VA’s lease delegation comes from the GSA, and the VA does not have to follow source selection regulations found in the VAAR when its delegation comes from GSA. Is this true?

A: No. The VA Acquisition Regulation implements and supplements the Federal Acquisition Regulation. The Federal Acquisition Regulation does not apply to leasehold acquisitions of real property - rather the GSA Acquisition Regulation, Part 570 does. The above referenced VAAR clauses are not referenced in either Part 570 or the GSA Leasing Desk Guide and are therefore not included in many active solicitations.