Sec. 8. Authority for Federal contracting officers to take the outsourcing of jobs from the United States into account in awarding contracts
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Chapter 137 of title 10, United States Code, is amended by inserting after section 2327 the following new section: The head of an agency shall require a contractor that submits a bid or proposal in response to a solicitation issued by the agency to disclose in that bid or proposal if the contractor, or a subsidiary of the contractor, owns a facility for which there is an outsourcing event during the three-year period ending on the date of the submittal of the bid or proposal.
For purposes of paragraph (1), the term outsourcing event means a plant closing or mass layoff (as described in section 2(a) of the Worker Adjustment and Retraining Notification Act) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States, as determined pursuant to the outsourcing statement (as described in paragraph
(1)of such section 3(e) of such Act) served by the taxpayer during the taxable year, exceeds 50 employees. Agency contracting officers considering bids or proposals in response to a solicitation issued by the agency shall take into account any disclosure made pursuant to subsection
(a)in such bids and proposals. The head of an agency shall establish a negative preference of no less than 10 percent of the cost of a contract for purposes of evaluating a bid or proposal of a contractor that makes a disclosure pursuant to subsection (a). It is the sense of Congress that agency contracting officers should, using section 2304(b)(3) of this title, exclude contractors making a disclosure pursuant to subsection
(a)in response to solicitations issued by the agency from the bidding process in connection with such solicitations on the grounds that the actions described in the disclosures are against the public interests of the United States. The head of each agency shall submit to Congress each year a report on the following: The number of solicitations made by the agency during the preceding year for which disclosures were made pursuant to subsection
(a)in responsive bids or proposals. The number of contracts awarded by the agency during the preceding year in which such disclosures were taken into account in the contract award. . The table of sections at the beginning of chapter 137 of such title is amended by inserting after the item relating to section 2327 the following new item: 2327a. Contracts: consideration of outsourcing of jobs. . Section 2304(b) of such title is amended— by redesignating paragraphs
(3)and
(4)as paragraphs
(4)and (5), respectively; by inserting after paragraph
(2)the following new paragraph: The head of an agency may provide for the procurement of property and services covered by this chapter using competitive procedures but excluding a source making a disclosure pursuant to section 2327a(a) of this title in the bid or proposal in response to the solicitation issued by the agency if the head of the agency determines that the actions described by disclosure are against the public interests of the United States and the source is to be excluded on those grounds. Any such determination shall take into account the sense of Congress set forth in section 2327a(c) of this title. ; and in paragraph (4), as so redesignated, by striking paragraphs
(1)and
(2)and inserting paragraphs (1), (2), and
(3). Chapter 35 of title 41, United States Code, is amended by inserting after section 3303 the following new section: The head of an executive agency shall require a contractor that submits a bid or proposal in response to a solicitation issued by the executive agency to disclose in that bid or proposal if the contractor, or a subsidiary of the contractor, owns a facility for which there is an outsourcing event during the three-year period ending on the date of the submittal of the bid or proposal. For purposes of paragraph (1), the term outsourcing event means a plant closing or mass layoff (as described in section 2(a) of the Worker Adjustment and Retraining Notification Act) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States, as determined pursuant to the outsourcing statement (as described in paragraph
(1)of such section 3(e) of such Act) served by the taxpayer during the taxable year, exceeds 50 employees. Contracting officers of an executive agency considering bids or proposals in response to a solicitation issued by the executive agency shall take into account any disclosure made pursuant to subsection
(a)in such bids and proposals. The head of an executive agency shall establish a negative preference of no less than 10 percent of the cost of a contract for purposes of evaluating a bid or proposal of a contractor that makes a disclosure pursuant to subsection (a). The head of an executive agency may provide for the procurement of property and services using competitive procedures but excluding a source making a disclosure under subsection
(a)in the bid or proposal in response to the solicitation issued by the executive agency if the head of the executive agency determines that the actions described by disclosure are against the public interests of the United States and the source is to be excluded on those grounds. Any such determination shall take into account the sense of Congress set forth in paragraph (2). It is the sense of Congress that contracting officers of executive agencies may use paragraph
(1)to exclude contractors making a disclosure pursuant to subsection
(a)in response to a solicitation issued by the executive agency from the bidding process in connection with the solicitation on the grounds that the actions described by the disclosure are against the public interests of the United States. The head of each executive agency shall submit to Congress each year a report on the following: The number of solicitations made by the executive agency during the preceding year for which disclosures were made pursuant to subsection
(a)in responsive bids or proposals. The number of contracts awarded to contractors that disclosed having outsourced more than 50 jobs during the preceding three years. . The table of sections at the beginning of chapter 35 of such title is amended by inserting after the item relating to section 3303 the following new item: 3303a. Bidders outsourcing jobs: disclosure of outsourcing; consideration of outsourcing in award; exclusion from sources. . Section 3301(a) of such title is amended by inserting 3303a(c), after 3303, . Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council, in consultation with the heads of relevant agencies, shall amend the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement to carry out the requirements of section 3303a of title 41, United States Code, and section 2327a of title 10, United States Code, as added by this section. For purposes of defining outsourcing pursuant to paragraph (1), the Federal Acquisition Regulatory Council may utilize regulations prescribed by the Secretary of Labor. This section, and the amendments made by this section, shall be applied in a manner consistent with United States obligations under international agreements.