In the Senate of the United States, 

March 12, 2020. 

Resolved, That the bill from the House of Representatives (H.R. 4920) entitled ‘‘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.’’, do pass with the following 

AMENDMENT: 

Strike all after the enacting clause and insert the 

following: 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Department of Veterans 

3 Affairs Contracting Preference Consistency Act of 2020’’. 
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† HR 4920 EAS 

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 para13 graph: 

14 ‘‘(2)(A) Notwithstanding paragraph (1) and except as 

15 provided by subparagraph (B) of this paragraph, with re16 spect to the procurement of a covered product or service, 

17 a contracting officer of the Department shall procure such 

18 product or service from a source designated under chapter 

19 85 of title 41, and in accordance with the regulations pre20 scribed under such chapter. 

21 ‘‘(B)(i) Subject to clause (ii), subparagraph (A) shall 

22 not apply in the case of a covered product or service for 

23 which a contract was— 

24 ‘‘(I) awarded under paragraph (1) after Decem25 ber 22, 2006; and 
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† HR 4920 EAS 

1 ‘‘(II) in effect on the day before the date of the 

2 enactment of the Department of Veterans Affairs Con3 tracting Preference Consistency Act of 2020. 

4 ‘‘(ii) Clause (i) shall cease to apply to a covered prod5 uct or service described in such clause upon a determination 

6 of the Secretary that when the current contract for the cov7 ered product or service is terminated or expires there is no 

8 reasonable expectation that— 

9 ‘‘(I) two or more small business concerns owned 

10 and controlled by veterans will submit offers as de11 scribed in paragraph (1); and 

12 ‘‘(II) the award can be made at a fair and rea13 sonable price that offers best value to the United 

14 States. 

15 ‘‘(C) In this paragraph, the term ‘covered product or 

16 service’ means— 

17 ‘‘(i) a product or service that— 

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

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

20 ‘‘(II) was included on such procurement list 

21 on or before December 22, 2006; or 

22 ‘‘(ii) a product or service that— 

23 ‘‘(I) is a replacement for a product or serv24 ice described under clause (i); 
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† HR 4920 EAS 

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

2 the same requirement as the product or service 

3 being replaced; and 

4 ‘‘(III) a contracting officer determines meets 

5 the quality standards and delivery schedule of 

6 the Department.’’. 

7 (b) CONFORMING AMENDMENTS.—Such section is fur8 ther amended in each of subsections (b) and (c), by striking 

9 ‘‘For’’ and inserting ‘‘Except as provided in subsection 

10 (d)(2), for’’. 

11 (c) EFFECTIVE DATE.—The amendments made by this 

12 section shall apply with respect to a contract entered into 

13 on or after the date of the enactment of this Act. 

Attest: 

Secretary. 

116TH CONGRESS 

2D SESSION H.R. 4920 

AMENDMENT