Sec. 4. Required pre-contract award actions

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The head of an executive agency shall ensure that the solicitation for a covered contract requires the offeror— to represent, to the best of the offeror’s knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the offeror in the preceding 3 years for violations of— the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.); the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.); the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.); the National Labor Relations Act ( 29 U.S.C. 151 et seq.); subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ); chapter 67 of title 41, United States Code (commonly known as the Service Contract Act );

Executive Order 11246 ( 42 U.S.C. 2000e note; relating to equal employment opportunity); section 503 of the Rehabilitation Act of 1973 ( 29 U.S.C. 793 ); section 4212 of title 38, United States Code; the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 et seq.); title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.); the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.); title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq.);

Executive Order 13658 (79 Fed. Reg. 9851; relating to establishing a minimum wage for contractors); or equivalent State laws, as defined in guidance issued by the Secretary of Labor; to require each subcontractor for a covered subcontract— to represent to the offeror and the entity designated by the final rule reissued under subsection

(a)of section 7, to the best of the subcontractor’s knowledge and belief, whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Department of Labor, rendered against the subcontractor in the preceding 3 years for violations of any of the labor laws and Executive orders listed under paragraph (1); and to update such information every 6 months for the duration of the subcontract; and to consider the advice rendered by the entity designated by the final rule reissued under subsection

(a)of section 7 or information submitted by a subcontractor pursuant to paragraph

(2)in determining whether the subcontractor is a responsible source with a satisfactory record of integrity and business ethics— prior to awarding the subcontract; or in the case of a subcontract that is awarded or will become effective within 5 days of the prime contract being awarded, not later than 30 days after awarding the subcontract. A contracting officer, prior to awarding a covered contract, shall, as part of the responsibility determination, provide an offeror who makes a disclosure pursuant to subsection

(a)an opportunity to report any steps taken to correct the violations of or improve compliance with the labor laws and Executive orders listed in paragraph

(1)of such subsection, including any agreements entered into with an enforcement agency. The executive agency’s Labor Compliance Advisor designated pursuant to section 6, in consultation with relevant enforcement agencies, shall advise the contracting officer whether agreements are in place or are otherwise needed to address appropriate remedial measures, compliance assistance, steps to resolve issues to avoid further violations, or other related matters concerning the offeror. The contracting officer, in consultation with the executive agency’s Labor Compliance Advisor, shall consider information provided by the offeror under this section in determining whether the offeror is a responsible source with a satisfactory record of integrity and business ethics. The determination shall be based on the guidelines reissued under subsection (b)(1) of section 7 and the final rule reissued under subsection

(a)of such section. As appropriate, contracting officers, in consultation with their executive agency’s Labor Compliance Advisor, shall refer matters related to information provided pursuant to paragraphs

(1)and

(2)of subsection

(a)to the executive agency’s suspension and debarment official in accordance with agency procedures.

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