[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1729 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1729
To amend title 10, United States Code, to require contracting officers
to consider information regarding domestic employment before awarding a
Federal defense contract, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2021
Mr. Murphy introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to require contracting officers
to consider information regarding domestic employment before awarding a
Federal defense contract, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American Jobs Matter Act of 2021''.
SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMATION RELATING TO
EFFECT ON DOMESTIC EMPLOYMENT OF AWARD OF FEDERAL DEFENSE
CONTRACTS.
(a) In General.--Section 3206(c) of title 10, United States Code,
as transferred and redesignated by section 1811(e) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), is amended by adding at the end the
following new paragraph:
``(6) Consideration and verification of information
relating to effect on domestic employment.--(A) In prescribing
the evaluation factors to be included in each solicitation for
competitive proposals for covered contracts, an agency shall
include the effects on employment within the United States of
the contract as an evaluation factor that must be considered in
the evaluation of proposals.
``(B) In this paragraph, the term `covered contract'
means--
``(i) a contract in excess of $1,000,000 for the
procurement of manufactured goods;
``(ii) a contract in excess of $1,000,000 for the
procurement of goods or services listed in the report
of industrial base capabilities required by section
4814 of this title; and
``(iii) a contract in excess of $1,000,000 for the
procurement of any item procured as part of a major
defense acquisition program.
``(C) The head of an agency, in issuing a solicitation for
competitive proposals, shall state in the solicitation that the
agency may consider, and in the case of a covered contract will
consider as an evaluation factor under paragraph (1),
information (in this subparagraph referred to as a `jobs impact
statement') that the offeror includes in its offer related to
the effects on employment within the United States of the
contract if it is awarded to the offeror.
``(D) The information that may be included in a jobs impact
statement may include the following:
``(i) The number of jobs expected to be created or
retained in the United States if the contract is
awarded to the offeror.
``(ii) The number of jobs created or retained in
the United States by the subcontractors expected to be
used by the offeror in the performance of the contract.
``(iii) A guarantee from the offeror that jobs
created or retained in the United States will not be
moved outside the United States after award of the
contract unless doing so is required to provide the
goods or services stipulated in the contract or is in
the best interest of the Federal Government.
``(E) The contracting officer may consider, and in the case
of a covered contract will consider, the information in the
jobs impact statement in the evaluation of the offer and may
request further information from the offeror in order to verify
the accuracy of any such information submitted.
``(F) In the case of a contract awarded to an offeror that
submitted a jobs impact statement with the offer for the
contract, the agency shall, not later than one year after the
award of the contract and annually thereafter for the duration
of the contract or contract extension, assess the accuracy of
the jobs impact statement.
``(G) The Secretary of Defense shall submit to Congress an
annual report on the frequency of use within the Department of
Defense of jobs impact statements in the evaluation of
competitive proposals.
``(H)(i) In any contract awarded to an offeror that
submitted a jobs impact statement with its offer in response to
the solicitation for proposals for the contract, the agency
shall track the number of jobs created or retained during the
performance of the contract.
``(ii) If the number of jobs that the agency estimates will
be created (by using the jobs impact statement) significantly
exceeds the number of jobs created or retained, then the agency
may consider this as a factor that affects a contractor's past
performance in the award of future contracts.
``(iii) Contractors shall be provided an opportunity to
explain any differences between their original jobs impact
statement and the actual amount of jobs created or retained
before the discrepancy affects the agency's assessment of the
contractor's past performance.''.
(b) Revision of Federal Acquisition Regulation.--The Department of
Defense Supplement to the Federal Acquisition Regulation shall be
revised to implement the amendment made by subsection (a).
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