Veterans Affairs banner with U.S. FlagVeterans Affairs banner with U.S. Flag

Office of Acquisition & Materiel Management

Policies and Regulations - Information Letter 90-97-3

90-97-3 8(a) Program

VA Seal
Department of Veterans Affairs
Deputy Assistant Secretary for Acquisition and Materiel Management
Washington DC 20420



IL 90-97-3
December 30, 1996

Office of Acquisition and Materiel Management Information Letter

TO: Veterans Integrated Service Network Directors; Directors, VA Medical Center Activities, Domiciliary, Outpatient Clinics, Medical and Regional Office Centers; and Regional Offices; Directors, Denver Acquisition and Logistics Center, Austin Automation Center, Records Management Center, VBA Benefits Delivery Centers, and CHAMPVA Center; Director, National Cemetery System; and, the Executive Director and Chief Operating Officer for the National Acquisition Center
ATTN: Head of the Contracting Activity
SUBJECT: 8(a) Program
  1. It has been brought to our attention that there may be confusion regarding the status of the Section 8(a) business development program, i.e., the 8(a) Program, in view of the Supreme Court's Adarand decision.  Under Adarand, Federal programs that use race or ethnicity as a basis for decisionmaking must be strictly scrutinized to ensure that they promote compelling Governmental interests, and that they are narrowly tailored to serve those interests.
  2. This information letter is provided as a reminder that the 8(a) program remains in full force and effect and should be utilized to obtain goods and services whenever possible.  The Department of Justice (DOJ) is vigorously and successfully defending the 8(a) program against constitutional challenges and will continue to do so.  Accordingly, procurement opportunities for the 8(a) program should not be placed on hold pending the final results of the DOJ's review.
  3. OA&MM has a long standing commitment to work with the Office of Small and Disadvantaged Business Utilization (OOSB) and others to support affirmative action.  We have jointly monitored the Adarand decision with OOSB and the Office of the General Counsel and will continue to keep you informed as additional information becomes available.  Questions concerning this Information Letter may be addressed to Wafi Rains, Acquisition Policy Team, on (202) 273-6057.



/s/Gary J. Krump