I 

116TH CONGRESS 

1ST SESSION 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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2019 

Mr. TAKANO (for himself, Mr. DAVID P. ROE of Tennessee, Ms. MENG, Mr. 

BRINDISI, Mr. HIGGINS of New York, Mr. CLEAVER, Mrs. BROOKS of Indiana, Mrs. WALORSKI, Ms. FOXX of North Carolina, Mr. PENCE, and 

Ms. KENDRA S. HORN of Oklahoma) introduced the following bill; which 

was referred to the Committee on Veterans’ Affairs 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Vet5 erans Affairs Contracting Preference Consistency Act’’. 


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1 SEC. 2. EXCEPTION TO DEPARTMENT OF VETERANS AF2 FAIRS SMALL BUSINESS CONTRACTING RE3 QUIREMENT FOR CERTAIN GOODS AND SERV4 ICES COVERED UNDER ABILITY ONE PRO5 GRAM. 

6 (a) IN GENERAL.—Subsection (d) of section 8127 of 

7 title 38, United States Code, is amended— 

8 (1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex9 cept’’; 

10 (2) by inserting ‘‘in paragraph (2) and’’ before 

11 ‘‘in subsections (b) and (c)’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2)(A) Notwithstanding paragraph (1), with respect 

15 to the procurement of a covered product or service, a con16 tracting officer of the Department shall procure such 

17 product or service from a source designated under chapter 

18 85 of title 41, and in accordance with the regulations pre19 scribed under such chapter. 

20 ‘‘(B) In this paragraph, the term ‘covered product or 

21 service’ means— 

22 ‘‘(i) a product or service that— 

23 ‘‘(I) is included on the procurement list 

24 under section 8503(a) of title 41; and 

25 ‘‘(II) was included on such procurement 

26 list on or before December 22, 2006; or 


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1 ‘‘(ii) a product or service that— 

2 ‘‘(I) is a replacement for a product or serv3 ice described under clause (i); 

4 ‘‘(II) is essentially the same and meeting 

5 the same requirement as the product or service 

6 being replaced; and 

7 ‘‘(III) a contracting officer determines 

8 meets the quality standards and delivery sched9 ule of the Department.’’. 

10 (b) CONFORMING AMENDMENTS.—Such section is 

11 further amended in each of subsections (b) and (c), by 

12 striking ‘‘For’’ and inserting ‘‘Except as provided in sub13 section (d)(2), for’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply with respect to a contract entered 

16 into on or after the date of the enactment of this Act. 

Æ 


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