Sec. 809. Preference for offerors that meet certain requirements
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Chapter 241 of title 10, United States Code, is amended by adding at the end the following new section: In awarding contracts for the procurement of goods or services, the Secretary of Defense shall prioritize offerors that meet any of the following qualifications: The offeror has entered into an agreement— with a labor organization; that provides the manner in which the offeror will— act with respect to lawful efforts by such labor organization to organize the employees of such offeror, including an agreement that the offeror will not assist, deter, or promote such efforts; and engage in collective bargaining with such labor organization; and that is effective for the duration of the contract to be awarded.
The offeror has entered into an agreement with a majority of the employees of the offeror or a labor organization, effective for the duration of the contract to be awarded, not to hire individuals to replace any employee of the offeror engaged in any strike, picketing, or other concerted refusal to work or to close a business in response to such a strike, picketing, or other refusal to work. The offeror has a collective bargaining agreement with a labor organization or a majority of the employees of the offeror.
The Secretary of Defense shall further prioritize an offeror under subsection
(a)for each qualification described in such subsection that such offeror meets. The prioritization required under this section shall— be applied after any other preference or priority applicable to the award of the contract; be accorded weight that is not less than such other preference or priority; and not be construed as superseding or replacing any such other preference or priority. Nothing in this section shall be construed to preempt, displace, or supplant any provision of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ). In this section, the terms employee , employer , and labor organization have the meanings given such terms in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). . The table of sections for Chapter 241 of title 10, United States Code, is amended by adding at the end the following new item: 3310. Preference for offerors that meet certain requirements. . This section and the amendments made by this section shall apply only with respect to contracts entered into on or after the date of the enactment of this Act.
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