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— (1) review and take action to ensure that all independent verification and validation, as well as testing contracts in effect in the Department, comply with the provisions of this Act and the amendments made by this Act; and (2) 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 defense systems, in accordance with guidance of the Department of Defense relating to such acquisition programs or such business systems; 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) Limitation 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 ensure that revoke the eligibility of an entity, including its subsidiaries, joint ventures, subcontractors, teaming partners, investments, and corporate officers, awarded a contract entity under this section subsection if an entity does not perform demonstrate clear and unmitigable evidence that the functions specified in subsection (c) 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 project or system of the Department or organizational subdivision of the Department if such entity is performing or has performed, during the three-year period preceding the date of such award, plan to mitigate a covered contract— (A) for such project or system; or (B) for the Department or such organizational subdivision of the Department. (3) 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 in order to ameliorate any limitation or prohibition under subpart of title 48, Code of Federal Regulations, or successor regulations, with respect to future procurements in which an entity awarded under subsection (a) is an offeror. this subsection. (c) Functions The functions specified in this subsection are the following: (1) The independent verification and validation of each major acquisition program or major information technology 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 project; program; and (C) at any other intervals during such project 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. (3) With respect to any project or system of the Department selected by the Chief Acquisition Officer of the Department the evaluation of— (A) testing conducted by the Department or other testing entity; (B) technical architecture or design, including data management; (C) development processes; (D) stability and resiliency; (E) integration or interoperability with other systems, including an assessment of data quality; (F) adoption and use; (G) management, including governance, costs, and schedules; and (H) any other elements or processes as determined by the Chief Acquisition Officer. (d) Transmittal to Congress (1) In general Not later than 30 days after the date on which an independent verification and validation is performed pursuant to subsection (c)(1), the Secretary shall transmit to Congress a copy of such independent verification and validation. (2) Verification and validation and evaluations Not later than 30 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 (2) of subsection (c) or evaluation under paragraph (3) of such subsection, the Secretary shall transmit to such committee a copy of such verification and validation or evaluation. (3) Organizational conflict of interest; mitigation plans Not later than 30 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 (b)(3), the Secretary shall transmit to such committee a copy of such plan. (e) Funding The Chief Financial Officer of the Department shall ensure, to the extent practicable, ensure that each organizational subdivision of the Department that enters into a contract under subsection (a) proportionally contributes amounts to fund each such contract. (f) Definitions In this section: (1) Covered contract The term covered contract means a prime contract or subcontract for— (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) (e) Independent verification validation defined 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) (1) to verify that the requirements of a program, project or system, or a development phase of such a program or project, are correctly defined; (B) and (2) to validate that the project or system, or a product cost, schedule, and performance baselines of a development phase of such a project, correctly implements the required functionality current programs and applicable security requirements; and (C) verify that a project or system, or a product of a development phase of such a project, satisfies and conforms to the requirements, standards, and practices of each life cycle phase and successfully completes each life cycle activity. (3) Major acquisition measure program The term major acquisition program has the meaning given such term in section 8181 of title 38, United States Code, as added by section 2(a). (4) Major information technology project The term major information technology project has the meaning given such term in section 8171 of title 38, United States Code. (5) Major system The term major system has the meaning given such term in section 2.101 of title 48, Code of Federal Regulations (or a successor regulation).effectiveness.