Department of Veterans Affairs Contracting Preference Consistency Act of 2020
PL 116-155 (H.R.4920), enacted 08/08/2020

[116th Congress Public Law 155]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 698]]

Public Law 116-155
116th Congress

                                 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. <<NOTE: Aug. 8, 2020 -  [H.R. 4920]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Veterans Affairs Contracting Preference Consistency Act of 2020. 38 USC 
101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Veterans Affairs 
Contracting Preference Consistency Act of 2020''.
SEC. 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) <<NOTE: Determination.>>  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

[[Page 134 STAT. 699]]

            ``(II) the award can be made at a fair and reasonable price 
        that offers best value to the United States.

    ``(C) <<NOTE: Definition.>>  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) <<NOTE: 38 USC 8127 note.>>  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.

    Approved August 8, 2020.

LEGISLATIVE HISTORY--H.R. 4920:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    Dec. 16, considered and passed 
                                        House.
                                                        Vol. 166 (2020):
                                    Mar. 12, considered and passed 
                                        Senate, amended.
                                    July 20, House concurred in Senate 
                                        amendment.

                                  <all>