Department of Veterans Affairs Contracting Preference Consistency Act of 2020

Bill: 116-hr-4920
Sponsor: full_name: Rep. Takano, Mark [D-CA-41]
Introduced: 2019-10-30
Policy area: Armed Forces and National Security
Subjects: Disability and paralysis

Public contracts and procurement

Small business

Veterans' education, employment, rehabilitation
Latest action: action_date: 2020-08-08
text: Became Public Law No: 116-155.

Summaries:
action_date: 2019-10-30
action_desc: Introduced in House
text: <p><b>Department of Veterans Affairs Contracting Preference Consistency Act</b></p> <p>This bill requires the Department of Veterans Affairs (VA) to give preference to nonprofit firms that employ the blind and significantly disabled when contracting for covered products and services that are included on the procurement list maintained by the U.S. AbilityOne Commission. The commission provides employment opportunities for people who are blind or have significant disabilities. </p> <p>A covered product or service is one that was included on the commission's procurement list on or before December 22, 2006, or a product or service that (1) is a replacement for a product or service on the commission's procurement list, (2) is essentially the same and meets the same requirements as the product or service being replaced, and (3) meets the VA's quality standards and delivery schedule.</p>

action_date: 2020-08-08
action_desc: Public Law
text: <p><b>Department of Veterans Affairs Contracting Preference Consistency Act</b> <strong>of 2020</strong><strong></strong></p> <p>This bill requires the Department of Veterans Affairs (VA) to give preference to nonprofit firms that employ the blind and significantly disabled when contracting for covered products and services that are included on the procurement list maintained by the U.S. AbilityOne Commission. The commission provides employment opportunities for people who are blind or have significant disabilities.</p> <p>The bill provides an exemption in certain situations for covered products or services for which contracts were awarded after December 22, 2006, and were in effect on the day before the enactment date of this bill. </p> <p>A covered product or service is one that was included on the commission's procurement list on or before December 22, 2006, or a product or service that (1) is a replacement for a product or service on the commission's procurement list, (2) is essentially the same and meets the same requirements as the product or service being replaced, and (3) meets the VA's quality standards and delivery schedule. </p>

tv_txt: I 116th CONGRESS 1st Session H. R. 4920 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. Short title This Act may be cited as the Department of Veterans Affairs Contracting Preference Consistency Act . 2. Exception to Department of Veterans Affairs small business contracting requirement for certain goods and services covered under Ability One program (a) In general Subsection (d) of section 8127 of title 38, United States Code, is amended— (1) by striking Except and inserting (1) Except ; (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 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 prescribed 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 (ii) a product or service that— (I) is a replacement for a product or service 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 schedule 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 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.

tv_txt: I 116th CONGRESS 1st Session H. R. 4920 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the Department of Veterans Affairs Contracting Preference Consistency Act . 2. Exception to Department of Veterans Affairs small business contracting requirement for certain goods and services covered under Ability One program (a) In general Subsection (d) of section 8127 of title 38, United States Code, is amended— (1) by striking Except and inserting (1) Except ; (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 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 prescribed 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 (ii) a product or service that— (I) is a replacement for a product or service 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 schedule 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 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.

Passed the House of Representatives December 16, 2019. Cheryl L. Johnson, Clerk.

tv_txt: IIB 116th CONGRESS 1st Session H. R. 4920 IN THE SENATE OF THE UNITED STATES December 17, 2019 Received; read twice and referred to the Committee on Veterans' Affairs 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.

1. Short title This Act may be cited as the Department of Veterans Affairs Contracting Preference Consistency Act . 2. Exception to Department of Veterans Affairs small business contracting requirement for certain goods and services covered under Ability One program (a) In general Subsection (d) of section 8127 of title 38, United States Code, is amended— (1) by striking Except and inserting (1) Except ; (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 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 prescribed 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 (ii) a product or service that— (I) is a replacement for a product or service 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 schedule 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 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.

Passed the House of Representatives December 16, 2019. Cheryl L. Johnson, Clerk.

tv_txt: 116th CONGRESS 2d Session H.R. 4920 In the Senate of the United States, March 12, 2020. Amendment:

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 Strike all after the enacting clause and insert the following: 1. Short title This Act may be cited as the Department of Veterans Affairs Contracting Preference Consistency Act of 2020 . 2. Exception to Department of Veterans Affairs small business contracting requirement for certain goods and services covered under Ability One program (a) In general Subsection (d) of section 8127 of title 38, United States Code, is amended— (1) by striking Except and inserting (1) Except ; (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) and except as provided by subparagraph (B) of this paragraph, with respect 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 prescribed 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 December 22, 2006; and (II) in effect on the day before the date of the enactment of the Department of Veterans Affairs Contracting Preference Consistency Act of 2020 . (ii) Clause (i) shall cease to apply to a covered product or service described in such clause upon a determination of the Secretary that when the current contract for the covered 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 described in paragraph (1); and (II) the award can be made at a fair and reasonable 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 service 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 schedule 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 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.

Secretary

tv_txt: I One Hundred Sixteenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Friday, the third day of January, two thousand and twenty H. R. 4920 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.

1. Short title This Act may be cited as the Department of Veterans Affairs Contracting Preference Consistency Act of 2020 . 2. Exception to Department of Veterans Affairs small business contracting requirement for certain goods and services covered under Ability One program (a) In general Subsection (d) of section 8127 of title 38, United States Code, is amended— (1) by striking Except and inserting (1) Except ; (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) and except as provided by subparagraph (B) of this paragraph, with respect 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 prescribed 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 December 22, 2006; and (II) in effect on the day before the date of the enactment of the Department of Veterans Affairs Contracting Preference Consistency Act of 2020 . (ii) Clause (i) shall cease to apply to a covered product or service described in such clause upon a determination of the Secretary that when the current contract for the covered 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 described in paragraph (1); and (II) the award can be made at a fair and reasonable 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 service 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 schedule 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 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.

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.