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[Page S1746]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF VETERANS AFFAIRS CONTRACTING PREFERENCE CONSISTENCY ACT
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the
Committee on Veterans' Affairs be discharged from further consideration
of H.R. 4920 and the Senate proceed to its immediate consideration.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (H.R. 4920) 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.
The PRESIDING OFFICER. Is there objection to proceeding to the
measure?
There being no objection, the committee was discharged, and the
Senate proceeded to consider the bill.
Ms. MURKOWSKI. I further ask that the Tester substitute amendment be
considered and agreed to; that the bill, as amended, be considered read
a third time and passed; and that the motion to reconsider be
considered made and laid upon the table with no intervening action or
debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 1555), in the nature of a substitute, was agreed
to as follows:
(Purpose: In the nature of a substitute)
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''.
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) 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.
The bill (H.R. 4920), as amended, was ordered to a third reading, was
read the third time, and passed.
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