In the Senate of the United States, 
March 12, 2020. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4920) entitled ‘‘An Act to amend title 38, United 
States Code, to provide for an exception to certain small busi-
ness contracting requirements applicable to the Department 
of Veterans Affairs procurement of certain goods and services 
covered under the Ability One program, and for other pur-
poses.’’, do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Department of Veterans 
Affairs Contracting Preference Consistency Act of 2020’’.
† HR 4920 EAS 
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 para-
graph: 
‘‘(2)(A) Notwithstanding paragraph (1) and except as 
provided by subparagraph (B) of this paragraph, with re-
spect 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 pre-
scribed 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 Decem-
ber 22, 2006; and
† HR 4920 EAS 
‘‘(II) in effect on the day before the date of the 
enactment of the Department of Veterans Affairs Con-
tracting Preference Consistency Act of 2020. 
‘‘(ii) Clause (i) shall cease to apply to a covered prod-
uct or service described in such clause upon a determination 
of the Secretary that when the current contract for the cov-
ered 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 de-
scribed in paragraph (1); and 
‘‘(II) the award can be made at a fair and rea-
sonable 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 serv-
ice described under clause (i);
† HR 4920 EAS 
‘‘(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 fur-
ther 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. 
Attest: 
Secretary.