[116th Congress Public Law 155]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 698]]
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. <<NOTE: Aug. 8, 2020 - [H.R. 4920]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Veterans Affairs Contracting Preference Consistency Act of 2020. 38 USC
101 note.>>
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) <<NOTE: Determination.>> 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 134 STAT. 699]]
``(II) the award can be made at a fair and reasonable price
that offers best value to the United States.
``(C) <<NOTE: Definition.>> 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) <<NOTE: 38 USC 8127 note.>> 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.
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