S 1591
ARCA Act of 2025
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Bill overview
The Acquisition Reform and Cost Assessment Act of 2025 (ARCA Act) aims to restructure the Department of Veterans Affairs’ (VA) acquisition process and improve cost management. It establishes a new Office of Acquisition and Innovation, designates a Director of Cost Assessment and Program Evaluation, and creates a framework for major acquisition programs. The bill also addresses other transaction authority, advance market commitments for healthcare technologies, and the development of an internship pipeline for acquisition professionals. Specifically, it defines major and non-major acquisition programs and outlines roles and responsibilities for key personnel within the VA’s acquisition structure.
Key provisions
- Defines ‘major acquisition program’ as programs with a life-cycle cost of $250 million or more.
- Creates an Office of Acquisition and Innovation and designates an Assistant Secretary for Acquisition and Innovation.
- Establishes a Director of Cost Assessment and Program Evaluation to provide independent analysis and advice on acquisition costs.
- Authorizes the Secretary to enter into transactions with nontraditional contractors for research and development related to healthcare technologies.
- Creates an advance market commitment authority for technologies or services to address unmet healthcare needs.
- Establishes a process for independent verification and validation of major acquisition programs.
- Requires the development and expansion of an internship pipeline for acquisition officers.
- Reorganizes contracting officers and acquisition centers within the VA.
Who is affected
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Angus S., Jr. King
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119th CONGRESS — 1st Session
S. 1591
IN THE SENATE OF THE UNITED STATES
A BILL
To amend title 38, United States Code, to reorganize the acquisition structure of the Department of Veterans Affairs and to establish the Director of Cost Assessment and Program Evaluation in the Department, and for other purposes.
or theAcquisition Reform and Cost Assessment Act of 2025
.ARCA Act of 2025
In this subchapter:
The term major acquisition program means a program of the Department to acquire property, systems or technology, assets, supplies, services, or a combination thereof, with an estimated total program life-cycle cost of $250,000,000 or more, as determined by the Secretary.
Section 308 of such title is amended—
sevenand inserting
eight; and
in subsection (b), by adding at the end the following new paragraph:
Acquisition and innovation.
Subchapter VI of chapter 81 of such title, as added by subsection (a), is amended by adding at the end the following new section:
The Secretary shall designate one of the Assistant Secretaries specified in subsection (a)(1) of section 308 of this title as the Assistant Secretary of Veterans Affairs for Acquisition and Innovation, who shall focus solely on the administration of functions specified in subsection (b)(13) of such section.
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 (a).
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 Innovation.
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 (as submitted with the budget of the President under section 1105(a) of title 31).
Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Logistics, who shall report to the Assistant Secretary for Acquisition and Innovation.
The Deputy Assistant Secretary of Veterans Affairs for Logistics shall be responsible for administration of logistics and supply chain operations of the Department.
Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Innovation, who shall report to the Assistant Secretary for Acquisition and Innovation.
Pursuant to section 308(d) of this title, the Secretary shall appoint a Deputy Assistant Secretary of Veterans Affairs for Procurement, who shall report to the Assistant Secretary for Acquisition and Innovation.
The Deputy Assistant Secretary of Veterans Affairs for Procurement shall be responsible for all procurement and contracting organizations of the Department.
Subchapter VI of chapter 81 of title 38, United States Code, as added by section 2, is amended by adding at the end the following new section:
Each manager appointed pursuant to subsection (a) shall report to the Assistant Secretary for Acquisition and Innovation and shall be responsible for, with respect to the applicable major acquisition program—
developing, in coordination with the Assistant Secretary, and functional teams responsible for the program requirements, a plan to administer such program, to be known as the program baseline
, that includes—
a description of each acquisition phase of such program;
for each such acquisition phase, requirements for advancing such program to a subsequent acquisition phase; and
estimates of the cost, schedule, and performance of such program that account for the entire life cycle of such program;
ensuring such program is in compliance with such requirements;
adopting standardized processes with established success to support the progress of such program, including—
milestones;
exit criteria; and
specific accomplishments;
to the extent practicable, 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 (1);
ensure such program complies with cost accounting standards, as applicable;
establishing a workforce for such program that is qualified and sufficient to perform the necessary functions of such program; and
The Secretary shall ensure that—
program decision authority for oversight of a major acquisition program of the Department is the Assistant Secretary for Acquisition and Innovation; and
program management offices for major acquisition programs are independent of the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration and Department staff offices by reporting directly to the Assistant Secretary for Acquisition and Innovation.
Not later than 30 days after any date on which a major acquisition program concludes an acquisition phase, the manager of such program appointed pursuant to subsection (a) shall notify the program decision authority under subsection (d).
Such manager may not advance such program to a subsequent acquisition phase without the authorization of such program decision authority under subsection (d).
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 8182(b) of title 38, United States Code, as added by section 2(c).
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 8182(e) of such title, as added by section 2(c).
Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—
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 for—
the independent verification and validation or 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; or
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.
The Secretary shall ensure that an entity, including its subsidiaries, joint ventures, subcontractors, teaming partners, investments, and corporate officers, awarded a contract under this section does not perform the functions specified in subsection (c) with respect to 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, a covered contract—
for such project or system; or
for the Department or such organizational subdivision of the Department.
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 48, Code of Federal Regulations, or successor regulations, with respect to future procurements in which an entity awarded under subsection (a) is an offeror.
The functions specified in this subsection are the following:
The independent verification and validation of each major acquisition program or major information technology project—
when such major program is initiated, with respect to its design and the development of its requirements and acquisition;
at the conclusion of such project; and
at any other intervals during such project selected by the Chief Acquisition Officer of the Department.
The independent verification and validation of other projects of the Department selected by the Chief Acquisition Officer of the Department, at intervals selected by the Chief Acquisition Officer.
With respect to any project or system of the Department selected by the Chief Acquisition Officer of the Department the evaluation of—
testing conducted by the Department or other testing entity;
technical architecture or design, including data management;
development processes;
stability and resiliency;
integration or interoperability with other systems, including an assessment of data quality;
adoption and use;
management, including governance, costs, and schedules; and
any other elements or processes as determined by the Chief Acquisition Officer.
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.
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.
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.
The Chief Financial Officer of the Department shall ensure, to the extent practicable, that each organizational subdivision of the Department that enters into a contract under subsection (a) proportionally contributes amounts to fund each such contract.
In this section:
information technology support or software or system design, development, sustainment, or maintenance services;
professional or management consulting services; or
advisory and assistance services.
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)—
to verify that the requirements of a project or system, or a development phase of such a project, are correctly defined;
to validate that the project or system, or a product of a development phase of such a project, correctly implements the required functionality and applicable security requirements; and
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.
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).
The term major information technology project has the meaning given such term in section 8171 of title 38, United States Code.
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).
There is established a Director of Cost Assessment and Program Evaluation, who shall report directly to the Secretary.
The Director of Cost Assessment and Program Evaluation is the principal advisor to the Secretary and other senior officials of the Department, and shall provide independent analysis and advice to such officials, on the following matters:
Matters assigned to the Director pursuant to this section.
Matters assigned to the Director by the Secretary pursuant to this section and to section 303 of this title.
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 Department.
There are two Deputy Directors within the Office of the Director of Cost Assessment and Program Evaluation, as follows:
The Deputy Director for Cost Assessment.
The Deputy Director for Program Evaluation.
The Director of Cost Assessment and Program Evaluation shall serve as the principal official within the senior management of the Department for the following:
Cost estimation and cost analysis for acquisition programs of the Department.
Analysis and advice on matters relating to the planning and programming phases of the Planning, Programming, Budgeting, and Execution system, and the preparation of materials and guidance for such system, as directed by the Secretary, working in coordination with the Assistant Secretary for Management and the Chief Financial Officer of the Department.
Analysis and advice for resource discussions relating to requirements under consideration in the Veterans Health Administration, the Veterans Benefits Administration, the National Cemetery Administration, and all staff offices.
Formulation of study guidance for analyses of alternatives for major acquisition programs and performance of such analyses, as directed by the Secretary.
Review, analysis, and evaluation of programs for executing approved strategies and policies, ensuring that information on programs is presented accurately and completely, and assessing the effect of spending by the Department on the United States economy.
Assessments of alternative plans, programs, and policies with respect to the acquisition programs of the Department.
Leading the development of improved analytical skills and competencies within the cost assessment and program evaluation workforce of the Department and improved tools, data, and methods to promote performance, economy, and efficiency in analyzing Department planning and the allocation of Department resources.
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 Department. In carrying out that responsibility, the Director shall—
prescribe, by authority of the Secretary, policies and procedures for the conduct of cost estimation and cost analysis for the acquisition programs of the Department;
provide guidance to and consult with the Secretary, the Chief Acquisition Officer, the Assistant Secretary for Management, the Chief Financial Officer of the Department, the Under Secretary for Health, the Under Secretary for Benefits, 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 program;
issue guidance relating to the proper selection of confidence levels in cost estimates generally, and specifically, for the proper selection of confidence levels in cost estimates for major acquisition programs and major automated information system programs;
issue guidance relating to full consideration of life-cycle management and sustainability costs in major acquisition programs and major automated information system programs;
review all cost estimates and cost analyses conducted in connection with major acquisition programs and major automated information system programs;
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—
any certification under this title; and
any decision to enter into product or system low-rate initial production, initial pilot implementation, or full-rate production or implementation; and
at any other time considered appropriate by the Director or upon the request of the Chief Acquisition Officer; and
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 estimation.
The Secretary shall ensure that the Director—
promptly receives the results of all cost estimates and cost analyses conducted by the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, or staff offices and all studies conducted by the Administration, in connection with such cost estimates and cost analyses for major acquisition programs and major automated information system programs of the Administrations; and
has timely access to any records and data in the Department (including the records and data of each Administration that the Director considers necessary to review in order to carry out any duties under this section).
The Director may—
participate in the discussion of any discrepancies between an independent cost estimate and the cost estimate assessments of the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, and staff offices for a major acquisition program or major automated information system program of the Department;
comment on deficiencies in the methodology or execution of any cost estimate or cost analysis developed by the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, or staff offices for a major acquisition program or major automated information system program;
concur in the choice of a cost estimate within the baseline description or any other cost estimate (including the confidence level for any such cost estimate) for use at any event specified in subsection (e)(6); and
participate in the consideration of any decision to request authorization of a multi-year procurement contract for a major acquisition program.
Each year, not later than 10 days after the transmittal to Congress of the budget of the President for a fiscal year pursuant to section 1105 of title 31, the Director shall submit to the Secretary, the Chief Acquisition Officer of the Department, the Assistant Secretary for Management, the Chief Financial Officer of the Department, 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 year.
Each report submitted pursuant to paragraph (1) shall include, for the period covered by the report, the following:
A summary of the cost estimation and cost analysis activities of the Department.
Assessments of the following:
The extent to which each of the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, and staff offices have complied with policies, procedures, and guidance issued by the Director with regard to the preparation of cost estimates for major acquisition programs and major automated information systems.
The overall quality of cost estimates prepared by each of the Administrations for major acquisition programs and major automated information system programs.
Any consistent differences in methodology or approach among the cost estimates prepared by the Administrations and the Director.
The Director shall ensure that a report submitted to paragraph (1) does not include any information, such as proprietary or source selection sensitive information, that could undermine the integrity of the acquisition process.
The report submitted pursuant to paragraph (1) to the committees described in such paragraph shall be posted on an internet website of the Department that is available to the public.
The Secretary may comment on any report of the Director submitted to the committees described in paragraph (1) pursuant to such paragraph.
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 section.
Not later than one year after the date of the enactment of this Act, the Director of Cost Assessment and Program Evaluation established pursuant to section 8184 of title 38, United States Code, as added by subsection (a), shall—
Not later than 30 days after receiving the report required by paragraph (1)(A), 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 (1)(B), together with such comments on the report as the Secretary considers appropriate.
Subchapter VI of chapter 81 of title 38, United States Code, as added by section 2 and amended by sections 3 and 6, is further amended by adding at the end the following new section:
The research is not duplicative of other research being conducted by the Department under another program or through a contract, cooperative agreement, or grant.
The senior procurement executive has determined that entering into the transaction to carry out the research is appropriate.
The transaction will not exceed $5,000,000 (including all options), unless the senior procurement executive determines that exceeding such amount is appropriate.
Not less than 33 percent of the total cost of the research (regardless of the percentage of such total cost for which the transaction is funding) is paid for, or provided through nonmonetary contributions, by sources other than the Federal Government, unless the senior procurement executive determines that—
meeting such threshold for non-Federal sources of funding or contributions is not possible; and
carrying out the research without meeting such threshold is in the public interest.
In the case of transactions supporting innovation development activities described in subsection (a), the Deputy Assistant Secretary for Innovation certifies that such activities align with the goals of improving the delivery of health care for veterans, operational efficiency, or technology adoption, and do not require approval of the Institutional Review Board unless involving human subjects research as defined in part 16 of title 38, Code of Federal Regulations, or successor regulations.
Not later than 30 days after the date on which the Secretary enters into a transaction under this section, the Secretary shall notify the appropriate congressional committees of such transaction, including a copy of each determination made under subsection (b).
Upon the request of an appropriate congressional committee, 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 transaction.
The Secretary shall prescribe regulations to carry out this section.
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 2025
.In this section:
The term appropriate congressional committees means—
the Committee on Veterans' Affairs and the Subcommittees on Military Construction, Veterans’ Affairs, and Related Agencies of the Committees on Appropriations of the Senate; and
the Committee on Veterans' Affairs and the Subcommittees on Military Construction, Veterans’ Affairs, and Related Agencies of the Committees on Appropriations of the House of Representatives.
The term innovation development activities means efforts to design, test, or implement new technologies, processes, or systems to improve health care delivery, operational efficiency, or veteran outcomes, including prototyping, pilot programs, and technology adoption initiatives, whether or not such efforts meet the definition of research
under part 16 of title 38, Code of Federal Regulations, or successor regulations.
The Secretary may enter into an advance market commitment under which the Secretary shall guarantee to purchase, for a predetermined price, a technology or service provided by an entity that addresses an unmet need in the provision of health care to veterans.
An advance market commitment entered into under subsection (a) shall include the following:
Clearly defined and transparent rules.
A clear definition of the technology or service to be provided, to ensure safety, effectiveness, and feasible delivery.
Dispute settlement mechanisms.
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 service.
Not later than 120 days after executing an advance market commitment under subsection (a), 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 commitment.
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 1102 contracting officers of the Department.
The table of sections at the beginning of chapter 81 of title 38, United States Code, is amended by adding at the end the following: