Sec. 807. Suspension or debarment referral for egregious violations of certain domestic preference laws

285 words·~1 min read·/bill/117/hr/4350/eh/section-807

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A contracting officer shall refer to the appropriate suspension or debarment official any current or former contractor of the Department of Defense if such contracting officer reasonably believes that such contractor has egregiously violated any covered domestic preference law. For the purposes of this section, a contractor egregiously violates a covered domestic preference law when— such contractor knowingly or willfully uses or provides goods, articles, materials, or supplies in violation of a covered domestic preference law; and such violation, individually or in the aggregate with other violations of domestic preference laws by such contractor, is severe (including through the effects, dollar value, or frequency, or any combination thereof, of such violations).

An egregious violation of a covered domestic preference law by a contractor may be a basis for suspension or debarment of the contractor. The use or provision of goods, articles, materials, or supplies by a contractor in violation of a covered domestic preference law may not be considered such a violation for the purposes of a determining whether such contractor has egregiously violated any covered domestic preference law if such contractor reasonably acted in good-faith reliance on— a written waiver from an individual who is permitted by law or regulation to waive the covered domestic preference law; or a representation by a third party about the origin of such goods, articles, materials, or supplies.

In this section, the term covered domestic preference law means any provision of section 2533a or 2533b of title 10, United States Code, or chapter 83 of title 41 of such Code that requires or creates a preference for the procurement of goods, articles, materials, or supplies, that are grown, mined, reprocessed, reused, manufactured, or produced in the United States.