I 

113TH CONGRESS 

1ST SESSION H. R. 2358 

To amend title 38, United States Code, to direct the Secretary of Veterans 

Affairs to give preference to local contractors, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2013 

Mr. COHEN introduced the following bill; which was referred to the Committee 

on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to give preference to local 

contractors, 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 ‘‘Preference for Local 

5 Veteran Contractors Act’’. 

6 SEC. 2. PREFERENCE FOR LOCAL CONTRACTORS. 

7 (a) LOCAL CONTRACTORS.— 

8 (1) IN GENERAL.—Chapter 5 of title 38, United 

9 States Code, is amended by inserting after section 

10 513 the following new section: 


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1 ‘‘§ 513A. Preference for local contractors 

2 ‘‘(a) IN GENERAL.—(1) The Secretary shall give 

3 preference for awarding a covered contract to a local con4 tractor. 

5 ‘‘(2) In giving preference for awarding a covered con6 tract to a local contractor under paragraph (1)— 

7 ‘‘(A) if such local contractor is a small business 

8 concern, such preference shall be given in accordance 

9 with section 8127(i) of this title; and 

10 ‘‘(B) if such local contractor is not a small 

11 business concern, the local contractor shall be treat12 ed as a contractor covered under section 8127(i)(7). 

13 ‘‘(b) NOTICE REQUIRED.—If the Secretary awards a 

14 covered contract to a contractor that is not a local con15 tractor, the Secretary shall publish a public notice explain16 ing why a local contractor was not awarded the contract. 

17 ‘‘(c) DEFINITIONS.—In this section: 

18 ‘‘(1) The term ‘covered contract’ means a con19 tract for— 

20 ‘‘(A) the construction or maintenance of a 

21 facility of the Department; or 

22 ‘‘(B) services provided to a particular facil23 ity or campus of the Department. 

24 ‘‘(2) The term ‘local contractor’ means a prime 

25 contractor that— 


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1 ‘‘(A) submits a bid or proposal for a cov2 ered contract; and 

3 ‘‘(B) has its principal offices or location 

4 within a 60-mile radius of the facility of the 

5 Department covered by such contract.’’. 

6 (2) CLERICAL AMENDMENT.—The table of sec7 tions at the beginning of such chapter is amended 

8 by inserting after the item relating to section 513 

9 the following new item: 

‘‘513A. Preference for local contractors.’’. 

10 (3) CONFORMING AMENDMENT.—Section 

11 8106(a) of title 38, United States Code, is amended 

12 by striking ‘‘The Secretary’’ and inserting ‘‘In ac13 cordance with section 513A of this title, the Sec14 retary’’. 

15 (b) SMALL BUSINESS CONCERNS.—Section 8127(i) 

16 of title 38, United States Code, is amended to read as 

17 follows: 

18 ‘‘(i) PRIORITY FOR CONTRACTING PREFERENCES.— 

19 Preferences for awarding contracts to small business con20 cerns shall be applied in the following order of priority: 

21 ‘‘(1) Contracts awarded pursuant to subsection 

22 (b), (c), or (d) to small business concerns owned and 

23 controlled by veterans with service-connected disabil24 ities that, for purposes of such a contract, are local 

25 contractors under section 513A of this title. 


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1 ‘‘(2) Contracts awarded pursuant to subsection 

2 (b), (c), or (d) to small business concerns owned and 

3 controlled by veterans with service-connected disabil4 ities that are not covered by paragraph (1). 

5 ‘‘(3) Contracts awarded pursuant to subsection 

6 (b), (c), or (d) to small business concerns owned and 

7 controlled by veterans that— 

8 ‘‘(A) are not covered by paragraphs (1) or 

9 (2); and 

10 ‘‘(B) for purposes of such a contract, are 

11 local contractors under section 513A of this 

12 title. 

13 ‘‘(4) Contracts awarded pursuant to subsection 

14 (b), (c), or (d) to small business concerns owned and 

15 controlled by veterans that are not covered by para16 graphs (1), (2), or (3). 

17 ‘‘(5) Contracts awarded pursuant to section 

18 8(a) of the Small Business Act (15 U.S.C. 637(a)) 

19 or section 31 of such Act (15 U.S.C. 657a) to a con20 tractor that, for purposes of such a contract, are 

21 local contractors under section 513A of this title. 

22 ‘‘(6) Contracts awarded pursuant to any other 

23 small business contracting preference to a contractor 

24 that, for purposes of such a contract, are local con25 tractors under section 513A of this title. 


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1 ‘‘(7) Contracts awarded pursuant to section 

2 8(a) of the Small Business Act (15 U.S.C. 637(a)) 

3 or section 31 of such Act (15 U.S.C. 657a) to a con4 tractor that is not covered by paragraph (5). 

5 ‘‘(8) Contracts awarded pursuant to any other 

6 small business contracting preference to a contractor 

7 that is not covered by paragraph (6).’’. 

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

9 this section shall take effect 180 days after the date of 

10 the enactment of this Act. 

Æ 


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