Independent verification and validation of major acquisition programs of Department of Veterans Affairs

(a) Contracting authority Not later than 120 days after the date of the enactment of this Act, 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 (c). (b) Eligibility (1) 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 determines, at the time of evaluation of offers submitted under subsection (a), that the entity is currently performing or has performed, during the preceding three-year period, not fewer than three prime contracts from either governmental or commercial health care organizations for— (A) the independent verification and validation services or equivalent services, including systems engineering and technical advisory (SETA) support of major acquisition programs; or (B) the independent verification and validation or systems engineering and technical advisory (SETA) support of the development or acquisition of major acquisition programs or defense systems, in accordance with guidance of the Department of Defense relating to such acquisition programs or such business systems. (2) Past performance For any contract used to demonstrate eligibility under paragraph (1), 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 System, or successor system. (3) 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 (c). (4) 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 subsection. (c) Functions The functions specified in this subsection are the following: (1) The independent verification and validation of each major acquisition program project— (A) when such major acquisition program is initiated, with respect to its design and the development of its requirements and acquisition; (B) at the conclusion of such program; and (C) at any other intervals during such program selected by the Chief Acquisition Officer of the Department. (2) The independent verification and validation of other programs or projects of the Department selected by the Chief Acquisition Officer of the Department, at intervals selected by the Chief Acquisition Officer. (d) Funding The Chief Financial Officer of the Department shall ensure that each organizational subdivision of the Department that enters into a contract under subsection (a) proportionally contributes amounts to fund each such contract. (e) Definitions In this section: (1) Covered contract The term covered contract means any prime or subcontract with the Department, including— (A) information technology support or software or system design, development, sustainment, or maintenance services; (B) professional or management consulting services; or (C) advisory and assistance services. (2) Independent verification and validation The term independent verification and validation means a comprehensive inspection, a review, analysis, and testing, or an assessment of systems, software, or hardware, as applicable, performed by an entity awarded a contract under subsection (a)— (A) to verify that the requirements of a program, project or system, or a development phase of such a program or project, are correctly defined; and (B) to validate cost, schedule, and performance baselines of current programs and measure program effectiveness.