#aaith ,,congress #ast ,session ,s4 #aeia ,,an ,,act ,to amend title #ch1 ,united ,states ,code1 to reorganize the acquisition structure of the ,department of ,veterans ,affairs and to establish the ,director of ,cost ,assessment and ,program ,evaluation in the ,department1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,acquisition ,reform and ,cost ,assessment ,act of #bjbe or the ,,arca ,act of #bjbe4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,department of ,veterans ,affairs acquisition organization4,sec4 #c4 ,department of ,veterans ,affairs major acquisition program managers4,sec4 #d4 ,department of ,veterans ,affairs acquisition and procurement reorganization matters4,sec4 #e4 ,independent verification and validation of major acquisition programs of ,department of ,veterans ,affairs4,sec4 #f4 ,department of ,veterans ,affairs cost assessment and program evaluation4,sec4 #g4 ,improvements to hiring of entry-level acquisition positions in ,department of ,veterans ,affairs4,sec4 #h4 ,independent analysis of acquisition process of ,department of ,veterans ,affairs4,sec4 #i4 ,requirements development process4,sec4 #aj4 ,conforming amendments4,sec4 #aa4 ,clerical amendments4 #b4 ,department of ,veterans ,affairs acquisition organization 7a7 ,definitions ,chapter #ha of title #ch1 ,united ,states ,code1 is amended by inserting after subchapter ,,vi the following new subchapter3 ,,vii ,acquisition organization1 cost assessment1 and program evaluation #haha4 ,definition of major acquisition program ,in this subchapter1 the term major acquisition program means a program of the ,department to acquire services1 supplies1 technology1 systems1 or a combination thereof1 with an estimated total program cost1 estimated by the ,secretary1 that exceeds-- 7#a7 #a1jjj1jjj1jjj 7adjusted pursuant to section #aijh of title #da7 for the total life cycle cost of the program2 or 7#b7 #bjj1jjj1jjj 7adjusted pursuant to section #aijh of title #da7 annually4 4 7b7 ,assistant ,secretary for ,acquisition ,section #cjh of such title is amended-- 7#a7 in subsection 7a77#a71 by striking seven and inserting eight2 and 7#b7 in subsection 7b77#aj71 by striking ,procurement functions and inserting ,acquisition functions4 7c7 ,acquisition organization ,subchapter ,,vi of chapter #ha of such title1 as added by subsection 7a71 is amended by adding at the end the following new section3 #hahb4 ,acquisition organization 7a7 ,assistant ,secretary for ,acquisition2 ,chief ,acquisition ,officer 7#a7 ,the ,secretary shall designate one of the ,assistant ,secretaries specified in subsection 7a77#a7 of section #cjh of this title as the ,assistant ,secretary of ,veterans ,affairs for ,acquisition1 who shall focus solely on the administration of functions specified in subsection 7b77#aj7 of such section4 7#b7 ,pursuant to section #agjb7;a7 of title #da1 the ,secretary shall designate the ,assistant ,secretary of ,veterans ,affairs for ,acquisition as the ,chief ,acquisition ,officer of the ,department4 7b7 ,office of ,acquisition 7#a7 ,there is in the ,department an ,office of ,acquisition4 7#b7 ,the head of the ,office of ,acquisition shall be the ,assistant ,secretary of ,veterans ,affairs for ,acquisition designated pursuant to subsection 7a74 7#c7 ,the ,secretary shall take such actions as may be necessary to ensure that major acquisition program offices of the ,department align under the ,office of ,acquisition and report directly to the ,assistant ,secretary of ,veterans ,affairs for ,acquisition4 7#d7 ,the budget of the ,office of ,acquisition1 including budgets for major acquisition programs1 shall be established in the budget justification materials submitted to ,congress in support of the budget of the ,department 7as submitted with the budget of the ,president under section #aaje7;a7 of title #ca74 7c7 ,deputy ,assistant ,secretary for ,logistics 7#a7 ,pursuant to section #cjh7;d7 of this title1 the ,secretary shall appoint a ,deputy ,assistant ,secretary of ,veterans ,affairs for ,logistics1 who shall report to the ,assistant ,secretary for ,acquisition4 7#b7 ,the ,deputy ,assistant ,secretary of ,veterans ,affairs for ,logistics shall be responsible for administration of logistics and supply chain operations of the ,department4 7d7 ,deputy ,assistant ,secretary for ,procurement 7#a7 ,pursuant to section #cjh7;d7 of this title1 the ,secretary shall appoint a ,deputy ,assistant ,secretary of ,veterans ,affairs for ,procurement1 who shall report to the ,assistant ,secretary for ,acquisition4 7#b7 ,the ,deputy ,assistant ,secretary of ,veterans ,affairs for ,procurement shall be responsible for all procurement and contracting organizations of the ,department4 7e7 ,deputy ,assistant ,secretary for ,acquisition1 ,program ,management1 and ,performance 7#a7 ,pursuant to section #cjh7;d7 of this title1 the ,secretary shall appoint a ,deputy ,assistant ,secretary of ,veterans ,affairs for ,acquisition1 ,program ,management1 and ,performance1 who shall report to the ,assistant ,secretary for ,acquisition4 7#b7 ,the ,deputy ,assistant ,secretary for ,acquisition1 ,program ,management1 and ,performance shall be responsible for the following3 7,a7 ,lifecycle management4 7,b7 ,requirements planning4 7,c7 ,programming and budgeting4 7,d7 ,policy4 7,e7 ,performance standards4 7,f7 ,governance4 7,g7 ,enhancing the capabilities of the acquisition workforce4 7f7 ,program ,executive ,officers 7#a7 ,the ,assistant ,secretary for ,acquisition shall appoint no fewer than four ,program ,executive ,officers1 each responsible for overseeing major acquisition programs in one of the following areas3 7,a7 ,medical4 7,b7 ,information technology4 7,c7 ,professional services4 7,d7 ,other areas not included in subparagraphs 7,a7 through 7,c74 7#b7 ,each ,program ,executive ,officer shall report directly to the ,assistant ,secretary for ,acquisition and shall supervise the managers of major acquisition programs within their respective area1 as appointed under section #hahc of this title4 7#c7 ,each ,program ,executive ,officer shall be-- 7,a7 certified in project management at level three by-- 7i7 the ,department2 7ii7 the ,federal ,acquisition ,institute pursuant to section #abja of title #da2 or 7iii7 the ,department of ,defense pursuant to section #agja;a of title #aj2 or 7,b7 hold an equivalent certification by a private sector project management certification organization1 as determined appropriate by the ,secretary4 4 #c4 ,department of ,veterans ,affairs major acquisition program managers ,subchapter ,,vi of chapter #ha of title #ch1 ,united ,states ,code1 as added by section #b1 is amended by adding at the end the following new section3 #hahc4 ,major acquisition program managers 7a7 ,appointments ,not later than #cj days after any date on which the ,secretary approves a major acquisition program to commence1 the applicable ,program ,executive ,officer shall appoint a manager to be responsible for administering such program4 7b7 ,qualifications ,each manager appointed pursuant to subsection 7a7 shall be-- 7#a7 certified in project management at level three by-- 7,a7 the ,department2 7,b7 the ,federal ,acquisition ,institute pursuant to section #abja of title #da2 or 7,c7 the ,department of ,defense pursuant to section #agja;a of title #aj2 or 7#b7 hold an equivalent certification by a private sector project management certification organization1 as determined appropriate by the ,secretary4 7c7 ,duties ,each manager appointed pursuant to subsection 7a7 for a major acquisition program shall-- 7#a7 report to the ,assistant ,secretary for ,acquisition through the ,program ,executive ,officer responsible for the major acquisition program2 and 7#b7 shall be responsible for1 with respect to the major acquisition program-- 7,a7 developing1 in coordination with the ,program ,executive ,officer1 a plan to administer major acquisition program1 which shall be known as the program baseline for the major acquisition program1 that includes-- 7i7 a description of each acquisition phase of the major acquisition program2 7ii7 for each such acquisition phase1 requirements for advancing the major acquisition program to a subsequent acquisition phase2 and 7iii7 estimates of the cost1 schedule1 and performance of the major acquisition program that account for the entire life cycle of the major acquisition program2 7,b7 ensuring the major acquisition program is in compliance with such requirements and providing all program documentation1 including program baseline documentation1 cost1 schedule1 performance and risk assessments1 and other relevant materials1 to designated officials and relevant governance boards2 7,c7 developing resource requests and justifications necessary to satisfy such requirements2 and 7,d7 on a continuous basis1 assessing and managing risks to satisfying the requirements of such program baseline relating to cost and schedule4 7d7 ,program decision authority ,the ,secretary shall ensure that-- 7#a7 program decision authority for oversight of a major acquisition program is the ,assistant ,secretary for ,acquisition2 and 7#b7 program management offices for major acquisition programs are independent of the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 the ,national ,cemetery ,administration1 and staff offices of the ,department by reporting directly to the ,assistant ,secretary for ,acquisition4 7e7 ,program decision authority notification required ,not later than #cj days after any date on which a major acquisition program concludes an acquisition phase1 the manager of such program appointed pursuant to subsection 7a7 shall notify the program decision authority under subsection 7c74 4 #d4 ,department of ,veterans ,affairs acquisition and procurement reorganization matters 7a7 ,organizational consolidation ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall organizationally consolidate under the ,assistant ,secretary of ,veterans ,affairs for ,acquisition every activity of the ,department of ,veterans ,affairs1 including the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 and the ,national ,cemetery ,administration1 that relates to-- 7#a7 acquisition2 7#b7 procurement and contracting2 or 7#c7 logistics and supply chain4 7b7 ,relocation ,subsection 7a7 shall not be construed to require the physical relocation of employees of the ,department4 7c7 ,plan and briefing 7#a7 ,in general ,not later than #ij days after commencing organizational consolidation under subsection 7a71 the ,secretary shall-- 7,a7 submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a written plan to carry out such organizational consolidation2 and 7,b7 provide such committees a briefing on such plan4 7#b7 ,contents ,the plan submitted pursuant to paragraph 7#a77;,a7 shall include the following3 7,a7 ,a timeline4 7,b7 ,a plan for communication and training activities for relevant ,department personnel4 7,c7 ,a plan for modification of relevant ,department policy and guidance4 7,d7 ,such other matters as the ,secretary considers relevant and appropriate4 #e4 ,independent verification and validation of major acquisition programs of ,department of ,veterans ,affairs 7a7 ,contracting authority ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall seek to enter into one or more contracts using competitive procedures with one or more entities to carry out the functions described in subsection 7c74 7b7 ,eligibility 7#a7 ,in general ,an entity is not eligible to be awarded a contract under this section unless the ,chief ,acquisition ,officer of the ,department of ,veterans ,affairs determines1 at the time of evaluation of offers submitted under subsection 7a71 that the entity is currently performing or has performed1 during the preceding three-year period1 not fewer than three prime contracts from either governmental or commercial health care organizations for-- 7,a7 the independent verification and validation services or equivalent services1 including systems engineering and technical advisory 7,,seta7 support of major acquisition programs2 or 7,b7 the independent verification and validation or systems engineering and technical advisory 7,,seta7 support of the development or acquisition of major acquisition programs or defense systems1 in accordance with guidance of the ,department of ,defense relating to such acquisition programs or such business systems4 7#b7 ,past performance ,for any contract used to demonstrate eligibility under paragraph 7#a71 an entity must have performed the work at a satisfactory or better level as indicated by the past performance information in the ,contractor ,performance ,assessment ,reporting ,system1 or successor system4 7#c7 ,demonstration of lack of conflict of interest ,the ,secretary shall revoke the eligibility of an entity under this subsection if an entity does not demonstrate clear and unmitigable evidence that the entity does not have a conflict of interest with respect to the effective performance of functions under subsection 7c74 7#d7 ,no mitigation plans acceptable ,the ,secretary may not accept from an entity a plan to mitigate a conflict of interest in order to ameliorate any limitation or prohibition under this subsection4 7c7 ,functions ,the functions specified in this subsection are the following3 7#a7 ,the independent verification and validation of each major acquisition program project-- 7,a7 when such major acquisition program is initiated1 with respect to its design and the development of its requirements and acquisition2 7,b7 at the conclusion of such program2 and 7,c7 at any other intervals during such program selected by the ,chief ,acquisition ,officer of the ,department4 7#b7 ,the independent verification and validation of other programs or projects of the ,department selected by the ,chief ,acquisition ,officer of the ,department1 at intervals selected by the ,chief ,acquisition ,officer4 7d7 ,funding ,the ,chief ,financial ,officer of the ,department shall ensure that each organizational subdivision of the ,department that enters into a contract under subsection 7a7 proportionally contributes amounts to fund each such contract4 7e7 ,independent verification validation defined ,the term independent verification and validation means a comprehensive inspection1 a review1 analysis1 and testing1 or an assessment of systems1 software1 or hardware1 as applicable1 performed by an entity awarded a contract under subsection 7a7-- 7#a7 to verify that the requirements of a program1 project or system1 or a development phase of such a program or project1 are correctly defined2 and 7#b7 to validate cost1 schedule1 and performance baselines of current programs and measure program effectiveness4 #f4 ,department of ,veterans ,affairs cost assessment and program evaluation 7a7 ,in general ,subchapter ,,vi of chapter #ha of title #ch1 ,united ,states ,code1 as added by section #b and amended by section #c1 is further amended by adding at the end the following new section3 #hahd4 ,cost assessment and program evaluation 7a7 ,director of ,cost ,assessment and ,program ,evaluation ,there is in the ,department a ,director of ,cost ,assessment and ,program ,evaluation1 who shall report directly to the ,secretary4 7b7 ,responsibilities ,the responsibilities of the ,director are as follows3 7#a7 ,to develop policies and procedures for cost estimation and analysis of major acquisition programs of the ,department4 7#b7 ,to conduct independent cost estimates and analyses for major acquisition programs to support acquisition decisions1 or any other acquisitions as directed by the ,secretary1 7#c7 ,to provide an independent cost estimate to the ,assistant ,secretary for ,acquisition in advance of a decision to proceed with full-scale acquisition for a major acquisition program or any other program as directed by the ,director4 7#d7 ,to evaluate the effectiveness of major acquisition programs in meeting ,department objectives4 7#e7 ,not less frequently than once each year1 to submit to the ,secretary and the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives an annual report on cost estimation and program evaluation activities1 including recommendations to improve acquisition efficiency4 ,such report shall include a list of all acquisitions where the independent cost estimate for a major acquisition program exceeded the budget request for the program by more than #e percent4 7c7 ,support and resources ,the ,chief ,financial ,officer of the ,department shall provide to the ,secretary such support and resources as may be necessary for the ,secretary to ensure the effective establishment and functioning of the ,director of ,cost ,assessment and ,program ,evaluation4 4 7b7 ,report on monitoring of operating and support costs for major acquisition programs 7#a7 ,report to ,secretary of ,veterans ,affairs ,not later than one year after the date of the enactment of this ,act1 and not less frequently than once each year thereafter until ,december #ca1 #bjbh1 the ,director of ,cost ,assessment and ,program ,evaluation of the ,department of ,veterans ,affairs shall submit to the ,secretary of ,veterans ,affairs a report on systems and methods for tracking and assessing operating and support costs of major acquisition programs 7as defined in section #haha of title #ch1 ,united ,states ,code1 as added by section #b71 including recommendations for establishing cost baselines4 7#b7 ,transmittal to ,congress ,not later than #cj days after receiving a report pursuant to paragraph 7#a71 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives the report received by the ,secretary4 #g4 ,improvements to hiring of entry-level acquisition positions in ,department of ,veterans ,affairs 7a7 ,priority use of internship programs for hiring into entry-level positions in acquisitions ,the ,secretary of ,veterans ,affairs shall prioritize the use of acquisition internship programs to hire employees to entry-level positions relating to acquisition in the ,department of ,veterans ,affairs4 7b7 ,annual number of participants in acquisition internship programs 7#a7 ,in general ,not later than ,september #cj of the first fiscal year beginning after the date of the enactment of this ,act1 the ,secretary shall take such actions as may be necessary to ensure that the annual number of participants in acquisition internship programs of the ,department is-- 7,a7 not fewer than twice the number of participants in such programs during fiscal year #bjbe2 and 7,b7 not more than #d times the number of participants in such programs during such fiscal year4 7#b7 ,termination ,the requirements of paragraph 7#a7 shall terminate on the date on which the ,secretary certifies to the appropriate committees of ,congress that the projected number of graduates of acquisition internship programs is sufficient to satisfy the human capital needs of the ,department with respect to acquisition1 taking into account the rate of attrition and projected retirements of personnel4 7#c7 ,appropriate committees of ,congress defined ,in this subsection1 the term appropriate committees of ,congress means the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 #h4 ,independent analysis of acquisition process of ,department of ,veterans ,affairs 7a7 ,systems engineering analysis ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,veterans' ,affairs shall seek to enter into a memorandum of understanding with the acquisition research center established under section #dadb7;a7 of title #aj1 ,united ,states ,code1 to conduct a systems engineering analysis of the acquisition process of the ,department of ,veterans ,affairs4 7b7 ,report ,not later than one year after the date in which the ,secretary enters into the memorandum of understanding required by subsection 7a71 the ,secretary shall submit to ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report on the findings of the acquisition research center with respect to the analysis conducted under such subsection4 #i4 ,requirements development process 7a7 ,in general ,subchapter ,,vi of chapter #ha of title #ch1 ,united ,states ,code1 as added by section #b and amended by sections #c and #f1 is further amended by adding at the end the following new section3 #hahe4 ,requirements development process 7a7 ,establishment of process 7#a7 ,the ,secretary shall establish a standardized requirements development process for major acquisition programs4 7#b7 ,the process established pursuant to paragraph 7#a7 shall-- 7,a7 define and validate mission-driven requirements for major acquisition programs exceeding #bjj1jjj1jjj annually or #a1jjj1jjj1jjj in lifecycle costs1 in coordination with the ,assistant ,secretary for ,acquisition2 7,b7 incorporate data-driven needs assessments1 stakeholder input from relevant administrations1 staff offices1 and other elements of the ,department and veterans service organizations1 and alignment with statutory mandates1 such as section #haba of this title2 and 7,c7 ensure iterative validation of requirements through independent verification and validation1 as described in section #hahe of this title1 to confirm cost1 schedule1 and performance baselines4 7b7 ,limitation on personnel ,the ,secretary shall implement the process established pursuant to subsection 7a7 using staff within the ,office of ,acquisition and other relevant offices of the ,department1 as established under section #hahb of this title1 without creating new positions1 unless a subsequent cost-benefit analysis1 validated by the ,director of ,cost ,assessment and ,program ,evaluation1 justifies additional resources4 4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives a report detailing the process established pursuant to section #hahe of such title1 as added by subsection 7a71 and a plan for implementation of such process1 including timelines for integration with major acquisition program baselines4 #aj4 ,conforming amendments ,subchapter ,,vi of chapter #ha of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in section #haga1 by striking paragraphs 7#e7 and 7#f72 and 7#b7 by striking section #hagb4 #aa4 ,clerical amendments ,the table of sections at the beginning of chapter #ha of title #ch1 ,united ,states ,code1 is amended-- 7#a7 by striking the item relating to section #hagb2 and 7#b7 by adding at the end the following3 ,,subchapter ,,vii--,acquisition organization1 cost assessment1 and program evaluation #haha4 ,definition of major acquisition program4 #hahb4 ,acquisition reorganization4 #hahc4 ,major acquisition program managers4 #hahd4 ,cost assessment and program evaluation4#hahe4 ,requirements development process4 4 ,passed the ,senate ,december #aa1 #bjbe4,secretary