Sec. 2. EXCEPTION TO DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS CONTRACTING REQUIREMENT FOR CERTAIN GOODS AND SERVICES COVERED UNDER ABILITY ONE PROGRAM
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## 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 **[**[38 U.S.C. 8127 note](/us/usc/t38/s8127)**]** 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.
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Sec. 2
EXCEPTION TO DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS CONTRACTING REQUIREMENT FOR CERTAIN GOODS AND SERVICES COVERED UNDER ABILITY ONE PROGRAM
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