    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-155
    116th Congress

    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. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    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

    [[Page 699]]

    ``(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.

    Approved August 8, 2020.

    LEGISLATIVE HISTORY--H.R. 4920:
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    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Dec. 16, considered and passed
    House.
    Vol. 166 (2020):
    Mar. 12, considered and passed
    Senate, amended.
    July 20, House concurred in Senate
    amendment.