Modification of authority for sharing of health-care resources of Department of Veterans Affairs to include flexible space utilization and streamlined service agreements

Section 8153 of title 38, United States Code, is amended— (1) in subsection (a)(3)— (A) in subparagraph (A), by inserting physical before space; (B) in subparagraph (B)(i), by inserting physical before space; (C) by striking subparagraph (E); (D) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (E) by inserting after subparagraph (B) the following new subparagraph (C): (C) If the health-care resource required is physical space or common services and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title or another entity, the Secretary may make arrangements, by contract, resource-sharing agreement, space-sharing agreement, or other form of agreement, for the acquisition of the space or service— (i) without regard to any law or regulation (including any Executive order, circular, or other administrative policy) that would otherwise require the use of competitive procedures for acquiring the resource; and (ii) if all obligations are funded through available appropriations or borne by the institution or entity, without regard to any limitations applicable to leases of the Department.; (F) in subparagraph (D), as redesignated by subparagraph (D) of this paragraph, by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (C); and (2) by adding at the end the following: (h) In this section: (1) The term commercial service means a service that is offered and sold competitively in the commercial marketplace, is performed under standard commercial terms and conditions, and is procured using firm-fixed price contracts. (2) The term common service means a commercial service necessary to maintain or operate physical space, including maintenance, heating, ventilation, air conditioning, electricity, energy, water, wastewater, landscaping, security, laundry, or any other service as determined by the Secretary. (3) The term physical space means one or more buildings, a portion of a building, or parking facilities..