in subsection (a)(3)—
in subparagraph (A), by inserting physical before space ;
in subparagraph (B)(i), by inserting physical before space ;
by striking subparagraph (E);
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;
by inserting after subparagraph (B) the following new subparagraph (C):
If the health-care resource required is physical space or common services with respect to existing buildings 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 enter into contracts or agreements for the acquisition of the space or service—
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
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, if, in the case of a multi-year space-sharing agreement, the agreement—
in subparagraph (D), as redesignated by subparagraph (D) of this paragraph, by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (C) ;
by adding at the end the following:
In this section:
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.
The term common service means a commercial service necessary to maintain or operate existing physical space, including maintenance, heating, ventilation, air conditioning, electricity, energy, water, wastewater, landscaping, security, laundry, or any other service as determined by the Secretary.
The term physical space means a portion of a building or parking facilities.