[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4920 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                        March 12, 2020.
    Resolved, That the bill from the House of Representatives (H.R. 
4920) entitled ``An Act to amend title 38, United States Code, to 
provide for an exception to certain small business contracting 
requirements applicable to the Department of Veterans Affairs 
procurement of certain goods and services covered under the Ability One 
program, and for other purposes.'', do pass with the following

                               AMENDMENT:

             Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs 
Contracting Preference Consistency Act of 2020''.

SEC. 2. EXCEPTION TO DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS 
              CONTRACTING REQUIREMENT FOR CERTAIN GOODS AND SERVICES 
              COVERED UNDER ABILITY ONE PROGRAM.

    (a) In General.--Subsection (d) of section 8127 of title 38, United 
States Code, is amended--
            (1) by striking ``Except'' and inserting ``(1) Except'';
            (2) by inserting ``in paragraph (2) and'' before ``in 
        subsections (b) and (c)''; and
            (3) by adding at the end the following new paragraph:
    ``(2)(A) Notwithstanding paragraph (1) and except as provided by 
subparagraph (B) of this paragraph, with respect to the procurement of 
a covered product or service, a contracting officer of the Department 
shall procure such product or service from a source designated under 
chapter 85 of title 41, and in accordance with the regulations 
prescribed under such chapter.
    ``(B)(i) Subject to clause (ii), subparagraph (A) shall not apply 
in the case of a covered product or service for which a contract was--
            ``(I) awarded under paragraph (1) after December 22, 2006; 
        and
            ``(II) in effect on the day before the date of the 
        enactment of the Department of Veterans Affairs Contracting 
        Preference Consistency Act of 2020.
    ``(ii) Clause (i) shall cease to apply to a covered product or 
service described in such clause upon a determination of the Secretary 
that when the current contract for the covered product or service is 
terminated or expires there is no reasonable expectation that--
            ``(I) two or more small business concerns owned and 
        controlled by veterans will submit offers as described in 
        paragraph (1); and
            ``(II) the award can be made at a fair and reasonable price 
        that offers best value to the United States.
    ``(C) In this paragraph, the term `covered product or service' 
means--
            ``(i) a product or service that--
                    ``(I) is included on the procurement list under 
                section 8503(a) of title 41; and
                    ``(II) was included on such procurement list on or 
                before December 22, 2006; or
            ``(ii) a product or service that--
                    ``(I) is a replacement for a product or service 
                described under clause (i);
                    ``(II) is essentially the same and meeting the same 
                requirement as the product or service being replaced; 
                and
                    ``(III) a contracting officer determines meets the 
                quality standards and delivery schedule of the 
                Department.''.
    (b) Conforming Amendments.--Such section is further amended in each 
of subsections (b) and (c), by striking ``For'' and inserting ``Except 
as provided in subsection (d)(2), for''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to a contract entered into on or after the date of 
the enactment of this Act.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                               H.R. 4920

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                               AMENDMENT