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 Depart-
ment 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 In-
diana, 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 require-
ments applicable to the Department of Veterans Affairs 
procurement of certain goods and services covered under 
the Ability One program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Vet-
erans Affairs Contracting Preference Consistency Act’’. 
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SEC. 2. EXCEPTION TO DEPARTMENT OF VETERANS AF-
FAIRS SMALL BUSINESS CONTRACTING RE-
QUIREMENT FOR CERTAIN GOODS AND SERV-
ICES COVERED UNDER ABILITY ONE PRO-
GRAM. 
(a) IN GENERAL.—Subsection (d) of section 8127 of 
title 38, United States Code, is amended— 
(1) by striking ‘‘Except’’ and inserting ‘‘(1) Ex-
cept’’; 
(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), with respect 
to the procurement of a covered product or service, a con-
tracting 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 pre-
scribed under such chapter. 
‘‘(B) 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 
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‘‘(ii) a product or service that— 
‘‘(I) is a replacement for a product or serv-
ice 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 sched-
ule 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 sub-
section (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. 
Æ 
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