VA Contracting and Procurement Act

This bill amends title 38 of the United States Code to limit the obligation or expenditure of funds by the Secretary of Veterans Affairs for certain purposes, and to revise procurement rules for prosthetic appliances and surgical implants.

Sec. 2, Limitation on obligation or expenditure of funds for certain purposes: This section adds a $50,000,000 cap on contracts or agreements under several VA programs unless funds are specifically authorized by law. The programs affected include personal services contracts (section 513), the Veterans Community Care Program (section 1703), agreements to administer health care in VA facilities (section 1721), administration of educational benefits (chapter 36), administration of benefits (chapter 53), small business concerns owned by veterans (section 8127), and sharing of health-care resources (section 8153). The cap does not apply during a declared war, certain war powers cases, a national emergency, a major disaster affecting a state and a VA medical facility, or a public health emergency. For educational benefits, the Secretary may also exceed the cap by submitting a notification to Congress and waiting 30 legislative days without a joint resolution of disapproval.

Sec. 3, Procurement of prosthetic appliances and surgical implants: This section replaces the existing law on procuring prosthetic appliances and surgical implants. It gives the Secretary authority to procure them by purchase, manufacture, or contract. It requires the Secretary to maintain a catalog of such items, coordinate with the Defense Health Agency on data requirements, and create a process for manufacturers to propose catalog revisions electronically with minimal documentation. It also requires all surgical implants used in medical procedures to be procured through a firm-fixed price single purchase order via the Prosthetic and Sensory Aids Service, in accordance with the Federal Acquisition Regulation, with a process that eliminates duplicative billing and allows real-time error correction. The Secretary must implement the surgical implant purchase order rules within one year and the catalog rules within three years, and until the catalog rules are implemented, must accept proposed revisions at least twice per year.