Sec. 9. Complaint and dispute transparency
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/bill/116/s/3448/is/section-9A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The head of an executive agency may not enter into a contract for the procurement of property or services valued in excess of $500,000 unless the contractor agrees that any decision to arbitrate the claim of an employee or independent contractor performing work under the contract that arises under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.) or any tort related to or arising out of sexual assault or sexual harassment may only be made with the voluntary consent of the employee or independent contractor after the dispute arises. The head of an executive agency shall require that a contractor covered under paragraph
(1)incorporate the requirement under such paragraph into each subcontract for the procurement of property or services valued in excess of $500,000 at any tier under the contract. The requirements under subsection
(a)do not apply to contracts or subcontracts for the acquisition of commercial items or commercially available off-the-shelf items (as those terms are defined in sections 103(1) and 104, respectively, of title 41, United States Code). The requirements under subsection
(a)do not apply with respect to an employee or independent contractor who— is covered by a collective bargaining agreement negotiated between the contractor or subcontractor and a labor organization representing the employee or independent contractor; or entered into a valid agreement to arbitrate claims covered under such subsection before the contractor or subcontractor bid on the contract covered under such subsection, except that such requirements do apply— if the contractor or subcontractor is permitted to change the terms of the arbitration agreement with the employee or independent contractor; or in the event the arbitration agreement is renegotiated or replaced after the contractor or subcontractor bids on the contract.
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Sec. 9
Complaint and dispute transparency
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