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.>>
This Act may be cited as the ``Department of Veterans Affairs Contracting Preference Consistency Act of 2020''.
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.
Approved August 8, 2020.
LEGISLATIVE HISTORY--H.R. 4920: ---------------------------------------------------------------------------
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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