[Congressional Record Volume 166, Number 48 (Thursday, March 12, 2020)]
[Senate]
[Page S1746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DEPARTMENT OF VETERANS AFFAIRS CONTRACTING PREFERENCE CONSISTENCY ACT

  Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the 
Committee on Veterans' Affairs be discharged from further consideration 
of H.R. 4920 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 4920) 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.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Ms. MURKOWSKI. I further ask that the Tester substitute amendment be 
considered and agreed to; that the bill, as amended, be considered read 
a third time and passed; and that the motion to reconsider be 
considered made and laid upon the table with no intervening action or 
debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1555), in the nature of a substitute, was agreed 
to as follows:

                (Purpose: In the nature of a substitute)

        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.
  The bill (H.R. 4920), as amended, was ordered to a third reading, was 
read the third time, and passed.

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