Sec. 5. Other transaction authority
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The Secretary of Veterans Affairs may enter into transactions (other than contracts, cooperative agreements, and grants) with nontraditional contractors to carry out extramural basic or applied research. The Secretary may enter into a transaction under subsection
(a)to carry out extramural basic or applied research if each of the following criteria are met: The research is not duplicative of other research being conducted by the Department of Veterans Affairs under another program or through a contract, cooperative agreement, or grant. The senior procurement executive has determined that entering into the transaction to carry out the research is appropriate. The transaction will not exceed $5,000,000 (including all options), unless the senior procurement executive determines that exceeding such amount is appropriate. Not less than 33 percent of the total cost of the research (regardless of the percentage of such total cost for which the transaction is funding) is paid for, or provided through nonmonetary contributions, by sources other than the Federal Government, unless the senior procurement executive determines that— meeting such threshold for non-Federal sources of funding or contributions is not possible; and carrying out the research without meeting such threshold is in the public interest. Not later than 30 days after the date on which the Secretary enters into a transaction under this section, the Secretary shall notify the appropriate congressional committees of such transaction, including a copy of each determination made under subsection (b). Upon the request of an appropriate congressional committee, the Secretary shall submit to the appropriate congressional committees a copy of a transaction under this section or performance or financial information relating to such transaction. With respect to transactions entered into under this section, the Secretary shall ensure that, upon request, the Comptroller General of the United States may examine records of any party to the transaction or any entity that participates in the performance of the transaction if such records are generated in the performance of the transaction or are directly related to the transaction. The Secretary shall prescribe regulations to carry out this section. The authority to enter into transactions under this section shall terminate on the date that is three years after the date of the enactment of this Act. In this section: The term appropriate congressional committees means the following: The Committees on Veterans’ Affairs of the House of Representatives and the Senate. The Subcommittees on Military Construction, Veterans’ Affairs, and Related Agencies of the Committees on Appropriations of the House of Representatives and the Senate. The term entity means a for-profit corporation, partnership, or single proprietorship, non-profit organization, or university organized and having principal operations in the United States. The terms extramural budget , research , and research and development have the meaning given those terms in subsection
(e)of section 9 of the Small Business Act ( 15 U.S.C. 638 ). The term nontraditional contractor means an entity that is not currently performing and has never performed any contract or subcontract for any department or agency of the Federal Government. The term senior procurement executive means the official of the Department of Veterans Affairs designated under section 1702(c) of title 41, United States Code.
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Sec. 5
Other transaction authority
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