,,ii #aaith ,,congress #ast ,session ,s4 #aeia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #e1 #bjbe,mr4 ,moran introduced the following bill2 which was read twice and referred to the ,committee on ,veterans' ,affairs ,a ,,bill ,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 ,department of ,veterans ,affairs other transaction authority and advance market commitments for technologies or services for provision of health care4,sec4 #h4 ,development and expansion of an #aajb internship or development pipeline4,sec4 #i4 ,clerical amendment4 #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 ,definitions ,in this subchapter3 7#a7 ,the term major acquisition program means a program of the ,department to acquire property1 systems or technology1 assets1 supplies1 services1 or a combination thereof1 with an estimated total program life-cycle cost of #bej1jjj1jjj or more1 as determined by the ,secretary4 7#b7 ,the term non-major acquisition program means a program of the ,department to acquire property1 systems or technology1 assets1 supplies1 services1 or a combination thereof1 with an estimated total program life-cycle cost of less than #bej1jjj1jjj1 as determined by the ,secretary4 4 7b7 ,assistant ,secretary for ,acquisition and ,innovation ,section #cjh of such title is amended-- 7#a7 in subsection 7a77#a71 by striking seven and inserting eight2 and 7#b7 in subsection 7b71 by adding at the end the following new paragraph3 7#ac7 ,acquisition and innovation4 4 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 ,acquisition and ,innovation2 ,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 ,acquisition and ,innovation1 who shall focus solely on the administration of functions specified in subsection 7b77#ac7 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 and ,innovations as the ,chief ,acquisition ,officer of the ,department4 7b7 ,office of ,acquisition and ,innovation 7#a7 ,there is in the ,department an ,office of ,acquisition and ,innovation4 7#b7 ,the head of the ,office of ,acquisition and ,innovation shall be the ,assistant ,secretary of ,veterans ,affairs for ,acquisition and ,innovation designated pursuant to subsection 7a74 7#c7 ,the ,secretary shall take such actions as may be necessary to ensure that major program offices of the ,department align under the ,office of ,acquisition and ,innovation and report directly to the ,assistant ,secretary of ,veterans ,affairs for ,acquisition and ,innovation4 7#d7 ,the budget of the ,office of ,acquisition and ,innovation 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 ,acquisition and ,innovation4 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 ,innovation 7#a7 ,pursuant to section #cjh7;d7 of this title1 the ,secretary shall appoint a ,deputy ,assistant ,secretary of ,veterans ,affairs for ,innovation1 who shall report to the ,assistant ,secretary for ,acquisition and ,innovation4 7#b7 ,the ,deputy ,assistant ,secretary of ,veterans ,affairs for ,innovation shall be responsible for all research1 development1 testing1 and innovation development organizations of the ,department1 including the ,veterans ,health ,administration ,innovation ,ecosystem4 7e7 ,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 ,acquisition and ,innovation4 7#b7 ,the ,deputy ,assistant ,secretary of ,veterans ,affairs for ,procurement shall be responsible for all procurement and contracting organizations of the ,department4 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 ,deputy ,secretary shall appoint a manager to be responsible for administering such program4 7b7 ,duties ,each manager appointed pursuant to subsection 7a7 shall report to the ,assistant ,secretary for ,acquisition and ,innovation and shall be responsible for1 with respect to the applicable major acquisition program-- 7#a7 developing1 in coordination with the ,assistant ,secretary1 and functional teams responsible for the program requirements1 a plan to administer such program1 to be known as the program baseline1 that includes-- 7,a7 a description of each acquisition phase of such program2 7,b7 for each such acquisition phase1 requirements for advancing such program to a subsequent acquisition phase2 and 7,c7 estimates of the cost1 schedule1 and performance of such program that account for the entire life cycle of such program2 7#b7 ensuring such program is in compliance with such requirements2 7#c7 securing funding necessary to satisfy such requirements2 7#d7 adopting standardized processes with established success to support the progress of such program1 including-- 7,a7 milestones2 7,b7 exit criteria2 and 7,c7 specific accomplishments2 7#e7 to the extent practicable1 ensuring that personnel of the ,department responsible for estimating the budget and cost of such program are provided with an opportunity to raise concerns relating to such budget and cost prior to the establishment of the program baseline under paragraph 7#a72 7#f7 on a continuous basis1 assessing and managing risks to satisfying the requirements of such program baseline relating to cost and schedule2 7#g7 ensure such program complies with cost accounting standards1 as applicable2 7#h7 establishing a workforce for such program that is qualified and sufficient to perform the necessary functions of such program2 and 7#i7 ensuring such program has adequate technology and production capacity prior to commencing an acquisition phase of such program related to manufacturing1 if applicable4 7c7 ,consideration of alternate requirements ,not later than #ij days after any date on which a manager appointed pursuant to subsection 7a7 establishes a program baseline described in subsection 7b77#a71 such manager shall submit to the program decision authority under subsection 7d7 a certification that such manager considered establishing alternate requirements in such program baseline relating to the cost1 schedule1 and performance of each acquisition phase of such program prior to establishing such program baseline4 7d7 ,program decision authority ,the ,secretary shall ensure that-- 7#a7 program decision authority for oversight of a major acquisition program of the ,department is the ,assistant ,secretary for ,acquisition and ,innovation2 and 7#b7 program management offices for major acquisition programs are independent of the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 the ,national ,cemetery ,administration and ,department staff offices by reporting directly to the ,assistant ,secretary for ,acquisition and ,innovation4 7e7 ,program decision authority authorization required 7#a7 ,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 7d74 7#b7 ,such manager may not advance such program to a subsequent acquisition phase without the authorization of such program decision authority under subsection 7d74 4 #d4 ,department of ,veterans ,affairs acquisition and procurement reorganization matters 7a7 ,contracting officers ,the ,secretary of ,veterans ,affairs shall transfer all contracting officers and acquisition centers in the ,department of ,veterans ,affairs to the ,office of ,acquisition and ,innovation established by section #hahb7;b7 of title #ch1 ,united ,states ,code1 as added by section #b7;c74 7b7 ,consolidation of logistics and supply chain operations ,the ,secretary shall take such actions as may be necessary to consolidate all activities relating to the administration of logistics and supply chain operations of the ,department under the ,deputy ,assistant ,secretary of ,veterans ,affairs for ,logistics appointed pursuant to section #hahb7;e7 of such title1 as added by section #b7;c74 #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-- 7#a7 review and take action to ensure that all independent verification and validation1 as well as testing contracts in effect in the ,department1 comply with the provisions of this ,act and the amendments made by this ,act2 and 7#b7 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 for-- 7,a7 the independent verification and validation or systems engineering and technical advisory 7,,seta7 support of major acquisition programs or defense systems1 in accordance with guidance of the ,department of ,defense relating to such acquisition programs or such business systems2 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 ,limitation ,the ,secretary shall ensure that an entity1 including its subsidiaries1 joint ventures1 subcontractors1 teaming partners1 investments1 and corporate officers1 awarded a contract under this section does not perform the functions specified in subsection 7c7 with respect to a project or system of the ,department or organizational subdivision of the ,department if such entity is performing or has performed1 during the three-year period preceding the date of such award1 a covered contract-- 7,a7 for such project or system2 or 7,b7 for the ,department or such organizational subdivision of the ,department4 7#c7 ,consideration regarding future procurements ,a contracting officer of the ,department shall consider the requirements of this subsection when implementing the organizational conflict of interest mitigation procedures under subpart of title #dh1 ,code of ,federal ,regulations1 or successor regulations1 with respect to future procurements in which an entity awarded under subsection 7a7 is an offeror4 7c7 ,functions ,the functions specified in this subsection are the following3 7#a7 ,the independent verification and validation of each major acquisition program or major information technology project-- 7,a7 when such major program is initiated1 with respect to its design and the development of its requirements and acquisition2 7,b7 at the conclusion of such project2 and 7,c7 at any other intervals during such project selected by the ,chief ,acquisition ,officer of the ,department4 7#b7 ,the independent verification and validation of other projects of the ,department selected by the ,chief ,acquisition ,officer of the ,department1 at intervals selected by the ,chief ,acquisition ,officer4 7#c7 ,with respect to any project or system of the ,department selected by the ,chief ,acquisition ,officer of the ,department the evaluation of-- 7,a7 testing conducted by the ,department or other testing entity2 7,b7 technical architecture or design1 including data management2 7,c7 development processes2 7,d7 stability and resiliency2 7,e7 integration or interoperability with other systems1 including an assessment of data quality2 7,f7 adoption and use2 7,g7 management1 including governance1 costs1 and schedules2 and 7,h7 any other elements or processes as determined by the ,chief ,acquisition ,officer4 7d7 ,transmittal to ,congress 7#a7 ,in general ,not later than #cj days after the date on which an independent verification and validation is performed pursuant to subsection 7c77#a71 the ,secretary shall transmit to ,congress a copy of such independent verification and validation4 7#b7 ,verification and validation and evaluations ,not later than #cj days after the date on which the ,committee on ,veterans' ,affairs of the ,senate or the ,committee on ,veterans' ,affairs of the ,house of ,representatives requests a copy of any independent verification and validation under paragraph 7#b7 of subsection 7c7 or evaluation under paragraph 7#c7 of such subsection1 the ,secretary shall transmit to such committee a copy of such verification and validation or evaluation4 7#c7 ,organizational conflict of interest2 mitigation plans ,not later than #cj days after the date on which the ,committee on ,veterans' ,affairs of the ,senate or the ,committee on ,veterans' ,affairs of the ,house of ,representatives requests a copy of any organizational conflict of interest mitigation plan submitted by an offeror pursuant to subsection 7b77#c71 the ,secretary shall transmit to such committee a copy of such plan4 7e7 ,funding ,the ,chief ,financial ,officer of the ,department shall ensure1 to the extent practicable1 that each organizational subdivision of the ,department that enters into a contract under subsection 7a7 proportionally contributes amounts to fund each such contract4 7f7 ,definitions ,in this section3 7#a7 ,covered contract ,the term covered contract means a prime contract or subcontract for-- 7,a7 information technology support or software or system design1 development1 sustainment1 or maintenance services2 7,b7 professional or management consulting services2 or 7,c7 advisory and assistance services4 7#b7 ,independent verification validation ,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 project or system1 or a development phase of such a project1 are correctly defined2 7,b7 to validate that the project or system1 or a product of a development phase of such a project1 correctly implements the required functionality and applicable security requirements2 and 7,c7 verify that a project or system1 or a product of a development phase of such a project1 satisfies and conforms to the requirements1 standards1 and practices of each life cycle phase and successfully completes each life cycle activity4 7#c7 ,major acquisition program ,the term major acquisition program has the meaning given such term in section #haha of title #ch1 ,united ,states ,code1 as added by section #b7;a74 7#d7 ,major information technology project ,the term major information technology project has the meaning given such term in section #haga of title #ch1 ,united ,states ,code4 7#e7 ,major system ,the term major system has the meaning given such term in section #b4aja of title #dh1 ,code of ,federal ,regulations 7or a successor regulation74 #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 established a ,director of ,cost ,assessment and ,program ,evaluation1 who shall report directly to the ,secretary4 7b7 7#a7 ,independent advice to ,secretary of ,veterans ,affairs ,the ,director of ,cost ,assessment and ,program ,evaluation is the principal advisor to the ,secretary and other senior officials of the ,department1 and shall provide independent analysis and advice to such officials1 on the following matters3 7,a7 ,matters assigned to the ,director pursuant to this section4 7,b7 ,matters assigned to the ,director by the ,secretary pursuant to this section and to section #cjc of this title4 7#b7 ,the ,director may communicate views on matters within the responsibility of the ,director directly to the ,secretary and the ,deputy ,secretary of ,veterans ,affairs without obtaining the approval or concurrence of any other official within the ,department4 7c7 ,deputy directors ,there are two ,deputy ,directors within the ,office of the ,director of ,cost ,assessment and ,program ,evaluation1 as follows3 7#a7 ,the ,deputy ,director for ,cost ,assessment4 7#b7 ,the ,deputy ,director for ,program ,evaluation4 7d7 ,responsibilities ,the ,director of ,cost ,assessment and ,program ,evaluation shall serve as the principal official within the senior management of the ,department for the following3 7#a7 ,cost estimation and cost analysis for acquisition programs of the ,department4 7#b7 ,analysis and advice on matters relating to the planning and programming phases of the ,planning1 ,programming1 ,budgeting1 and ,execution system1 and the preparation of materials and guidance for such system1 as directed by the ,secretary1 working in coordination with the ,assistant ,secretary for ,management and the ,chief ,financial ,officer of the ,department4 7#c7 ,analysis and advice for resource discussions relating to requirements under consideration in the ,veterans ,health ,administration1 the ,veterans ,benefits ,administration1 the ,national ,cemetery ,administration1 and all staff offices4 7#d7 ,formulation of study guidance for analyses of alternatives for major acquisition programs and performance of such analyses1 as directed by the ,secretary4 7#e7 ,review1 analysis1 and evaluation of programs for executing approved strategies and policies1 ensuring that information on programs is presented accurately and completely1 and assessing the effect of spending by the ,department on the ,united ,states economy4 7#f7 ,assessments of alternative plans1 programs1 and policies with respect to the acquisition programs of the ,department4 7#g7 ,leading the development of improved analytical skills and competencies within the cost assessment and program evaluation workforce of the ,department and improved tools1 data1 and methods to promote performance1 economy1 and efficiency in analyzing ,department planning and the allocation of ,department resources4 7e7 ,independent cost estimation and cost analysis ,the ,director of ,cost ,assessment and ,program ,evaluation shall ensure that the cost estimation and cost analysis processes of the ,department provide accurate information and realistic estimates of cost for the acquisition programs of the ,department4 ,in carrying out that responsibility1 the ,director shall-- 7#a7 prescribe1 by authority of the ,secretary1 policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the ,department2 7#b7 provide guidance to and consult with the ,secretary1 the ,chief ,acquisition ,officer1 the ,assistant ,secretary for ,management1 the ,chief ,financial ,officer of the ,department1 the ,under ,secretary for ,health1 the ,under ,secretary for ,benefits1 and the ,under ,secretary for ,memorial ,affairs with respect to cost estimation in the ,department in general and with respect to specific cost estimates and cost analyses to be conducted in connection with a major acquisition program2 7#c7 issue guidance relating to the proper selection of confidence levels in cost estimates generally1 and specifically1 for the proper selection of confidence levels in cost estimates for major acquisition programs and major automated information system programs2 7#d7 issue guidance relating to full consideration of life-cycle management and sustainability costs in major acquisition programs and major automated information system programs2 7#e7 review all cost estimates and cost analyses conducted in connection with major acquisition programs and major automated information system programs2 7#f7 conduct independent cost estimates and cost analyses for major acquisition programs and major automated information system programs for which the ,chief ,acquisition ,officer is the ,milestone ,decision ,authority-- 7,a7 in advance of-- 7i7 any certification under this title2 and 7ii7 any decision to enter into product or system low-rate initial production1 initial pilot implementation1 or full-rate production or implementation2 and 7,b7 at any other time considered appropriate by the ,director or upon the request of the ,chief ,acquisition ,officer2 and 7#g7 periodically assess and update the cost indexes used by the ,department to ensure that such indexes have a sound basis and meet the ,department's needs for realistic cost estimation4 7f7 ,review of cost estimates1 cost analyses1 and records of the ,department ,the ,secretary shall ensure that the ,director-- 7#a7 promptly receives the results of all cost estimates and cost analyses conducted by the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 the ,national ,cemetery ,administration1 or staff offices and all studies conducted by the ,administration1 in connection with such cost estimates and cost analyses for major acquisition programs and major automated information system programs of the ,administrations2 and 7#b7 has timely access to any records and data in the ,department 7including the records and data of each ,administration that the ,director considers necessary to review in order to carry out any duties under this section74 7g7 ,participation1 concurrence1 and approval in cost estimation ,the ,director may-- 7#a7 participate in the discussion of any discrepancies between an independent cost estimate and the cost estimate assessments of the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 the ,national ,cemetery ,administration1 and staff offices for a major acquisition program or major automated information system program of the ,department2 7#b7 comment on deficiencies in the methodology or execution of any cost estimate or cost analysis developed by the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 the ,national ,cemetery ,administration1 or staff offices for a major acquisition program or major automated information system program2 7#c7 concur in the choice of a cost estimate within the baseline description or any other cost estimate 7including the confidence level for any such cost estimate7 for use at any event specified in subsection 7e77#f72 and 7#d7 participate in the consideration of any decision to request authorization of a multi-year procurement contract for a major acquisition program4 7h7 ,annual report on cost assessment activities 7#a7 ,each year1 not later than #aj days after the transmittal to ,congress of the budget of the ,president for a fiscal year pursuant to section #aaje of title #ca1 the ,director shall submit to the ,secretary1 the ,chief ,acquisition ,officer of the ,department1 the ,assistant ,secretary for ,management1 the ,chief ,financial ,officer of the ,department1 the ,committee on ,veterans' ,affairs of the ,senate and the ,committee on ,veterans' ,affairs of the ,house of ,representatives an annual report on the cost estimation and cost analysis activities of the ,department carried out during the previous year4 7#b7 ,each report submitted pursuant to paragraph 7#a7 shall include1 for the period covered by the report1 the following3 7,a7 ,a summary of the cost estimation and cost analysis activities of the ,department4 7,b7 ,assessments of the following3 7i7 ,the progress of the ,department in improving the accuracy of its cost estimates and analyses4 7ii7 ,the extent to which each of the ,veterans ,benefits ,administration1 the ,veterans ,health ,administration1 the ,national ,cemetery ,administration1 and staff offices have complied with policies1 procedures1 and guidance issued by the ,director with regard to the preparation of cost estimates for major acquisition programs and major automated information systems4 7iii7 ,the overall quality of cost estimates prepared by each of the ,administrations for major acquisition programs and major automated information system programs4 7iv7 ,any consistent differences in methodology or approach among the cost estimates prepared by the ,administrations and the ,director4 7#c7 7,a7 ,the ,director shall ensure that a report submitted to paragraph 7#a7 does not include any information1 such as proprietary or source selection sensitive information1 that could undermine the integrity of the acquisition process4 7,b7 ,the report submitted pursuant to paragraph 7#a7 to the committees described in such paragraph shall be posted on an internet website of the ,department that is available to the public4 7#d7 ,the ,secretary may comment on any report of the ,director submitted to the committees described in paragraph 7#a7 pursuant to such paragraph4 7i7 ,staff ,the ,secretary shall ensure that the ,director has sufficient professional staff to enable the ,director to carry out the duties and responsibilities of the ,director under this section4 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 the ,director of ,cost ,assessment and ,program ,evaluation established pursuant to section #hahd of title #ch1 ,united ,states ,code1 as added by subsection 7a71 shall-- 7,a7 review systems and methods of the ,department of ,veterans ,affairs currently in effect for tracking and assessing operating and support costs using cost-accounting standards and procedures1 as appropriate1 on major acquisition programs 7as defined in section #haha of such title1 as added by subsection 7a772 and 7,b7 submit to the ,secretary of ,veterans ,affairs a report on such findings and recommendations as the ,director may have as a result of the review conducted pursuant to subparagraph 7,a71 including an assessment by the ,director of the feasibility and advisability of establishing baselines for operating and support costs under such title4 7#b7 ,transmittal to ,congress ,not later than #cj days after receiving the report required by paragraph 7#a77;,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 ,secretary under paragraph 7#a77;,b71 together with such comments on the report as the ,secretary considers appropriate4 #g4 ,department of ,veterans ,affairs other transaction authority and advance market commitments for technologies or services for provision of health care ,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 ,other transaction authority 7a7 ,authority ,the ,secretary may enter into transactions 7other than contracts1 cooperative agreements1 and grants7 with nontraditional contractors to carry out extramural basic or applied research1 or innovation development activities4 ,such authority may be exercised by the ,deputy ,assistant ,secretary for ,innovation for activities aligned with the mission of the ,veterans ,health ,administration ,innovation ,ecosystem4 7b7 ,requirements ,the ,secretary may enter into a transaction under subsection 7a7 to carry out extramural basic or applied research if each of the following criteria are met3 7#a7 ,the research is not duplicative of other research being conducted by the ,department under another program or through a contract1 cooperative agreement1 or grant4 7#b7 ,the senior procurement executive has determined that entering into the transaction to carry out the research is appropriate4 7#c7 ,the transaction will not exceed #e1jjj1jjj 7including all options71 unless the senior procurement executive determines that exceeding such amount is appropriate4 7#d7 ,not less than #cc percent of the total cost of the research 7regardless of the percentage of such total cost for which the transaction is funding7 is paid for1 or provided through nonmonetary contributions1 by sources other than the ,federal ,government1 unless the senior procurement executive determines that-- 7,a7 meeting such threshold for non-,federal sources of funding or contributions is not possible2 and 7,b7 carrying out the research without meeting such threshold is in the public interest4 7#e7 ,in the case of transactions supporting innovation development activities described in subsection 7a71 the ,deputy ,assistant ,secretary for ,innovation certifies that such activities align with the goals of improving the delivery of health care for veterans1 operational efficiency1 or technology adoption1 and do not require approval of the ,institutional ,review ,board unless involving human subjects research as defined in part #af of title #ch1 ,code of ,federal ,regulations1 or successor regulations4 7c7 ,provision of information 7#a7 ,congress 7,a7 ,notification ,not later than #cj days after the date on which the ,secretary enters into a transaction under this section1 the ,secretary shall notify the appropriate congressional committees of such transaction1 including a copy of each determination made under subsection 7b74 7,b7 ,by request ,upon the request of an appropriate congressional committee1 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 transaction4 7#b7 ,comptroller general of the ,united ,states ,with respect to transactions entered into under this section1 the ,secretary shall ensure that1 upon request1 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 transaction4 7d7 ,regulations ,the ,secretary shall prescribe regulations to carry out this section4 7e7 ,termination ,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 the ,acquisition ,reform and ,cost ,assessment ,act of #bjbe4 7f7 ,definitions ,in this section3 7#a7 ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,veterans' ,affairs and the ,subcommittees on ,military ,construction1 ,veterans' ,affairs1 and ,related ,agencies of the ,committees on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,veterans' ,affairs and the ,subcommittees on ,military ,construction1 ,veterans' ,affairs1 and ,related ,agencies of the ,committees on ,appropriations of the ,house of ,representatives4 7#b7 ,the term entity means a for-profit corporation1 partnership1 or single proprietorship1 nonprofit organization1 or university organized and having principal operations in the ,united ,states4 7#c7 ,the terms extramural budget1 research1 and research and development have the meaning given those terms in subsection 7e7 of section #i of the ,small ,business ,act 7#ae ,u4,s4,c4 #fch74 7#d7 ,the term innovation development activities means efforts to design1 test1 or implement new technologies1 processes1 or systems to improve health care delivery1 operational efficiency1 or veteran outcomes1 including prototyping1 pilot programs1 and technology adoption initiatives1 whether or not such efforts meet the definition of research under part #af of title #ch1 ,code of ,federal ,regulations1 or successor regulations4 7#e7 ,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 ,government4 7#f7 ,the term senior procurement executive means the official of the ,department designated under section #agjb7;c7 of title #da4 #hahf4 ,advance market commitments for technologies or services for provision of health care 7a7 ,authority ,the ,secretary may enter into an advance market commitment under which the ,secretary shall guarantee to purchase1 for a predetermined price1 a technology or service provided by an entity that addresses an unmet need in the provision of health care to veterans4 7b7 ,requirements ,an advance market commitment entered into under subsection 7a7 shall include the following3 7#a7 ,clearly defined and transparent rules4 7#b7 ,a clear definition of the technology or service to be provided1 to ensure safety1 effectiveness1 and feasible delivery4 7#c7 ,dispute settlement mechanisms4 7#d7 ,the ability to modify the terms of the commitment on the basis of new information regarding the number of veterans to be served with such technology or service4 7c7 ,report ,not later than #abj days after executing an advance market commitment under subsection 7a71 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 on the status and efficacy of such commitment4 4 #h4 ,development and expansion of an #aajb internship or development pipeline ,the ,secretary of ,veterans ,affairs shall monitor the training and experience gap of professionals and establish or expand any existing internship or development pipelines for #aajb contracting officers of the ,department4 #i4 ,clerical amendment ,the table of sections at the beginning of chapter #ha of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 ,,subchapter ,,vii--,acquisition review1 cost assessment1 and program evaluation #haha4 ,definitions4 #hahb4 ,acquisition reorganization4 #hahc4 ,major acquisition program managers4 #hahd4 ,cost assessment and program evaluation4#hahe4 ,other transaction authority4#hahf4 ,advance market commitments for technologies or services for provision of health care4 4