[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3838 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3838

To amend title 10, United States Code, to require, in the evaluation of 
bids and proposals for a contract for the procurement by the Department 
of Defense of property or services, the consideration of the percentage 
   of work under the contract planned to be performed in the United 
                    States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 1998

  Ms. Kaptur introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to require, in the evaluation of 
bids and proposals for a contract for the procurement by the Department 
of Defense of property or services, the consideration of the percentage 
   of work under the contract planned to be performed in the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENTS RELATING TO CONTRACT PERFORMANCE IN THE UNITED 
              STATES.

    (a) In General.--(1) Chapter 141 of title 10, United States Code, 
is amended by adding at the end the following new section:
``Sec. 2410n. Requirements relating to contract performance in the 
              United States
    ``(a) Consideration of Percentage of Work Performed in the United 
States.--In the evaluation of sealed bids and competitive proposals 
submitted in response to a solicitation for a contract for the 
procurement of property or services, the head of an agency--
            ``(1) shall include, as a factor in the statement required 
        by section 2305(a)(2)(A)(i) of this title of significant 
        factors expected to be considered in such evaluation, the 
        percentage of work under the contract that the bidder or 
        offeror plans to perform in the United States; and
            ``(2) shall assign a high importance to such factor.
    ``(b) Breach of Contract for Transferring Work Outside the United 
States.--The head of an agency shall include in each contract for the 
procurement of property or services a clause providing that the 
contractor is deemed to have breached the contract if the contractor 
performs less work in the United States than the contractor stated, in 
its response to the solicitation for the contract, that it planned to 
perform in the United States.
    ``(c) Ineligibility for Contract Renewal.--The head of an agency 
may not renew a contract made pursuant to a solicitation referred to in 
subsection (a) if the amount of work performed outside the United 
States under the contract exceed the maximum amount of work that the 
contractor was expected to perform outside the United States, based on 
the amount of work that the contractor stated, in its response to the 
solicitation for the contract, that it planned to perform inside the 
United States.
    ``(d) Waiver.--The head of an agency may waive subsection (a), (b), 
or (c) on a case-by-case basis upon a determination that an emergency 
situation or the national security interests of the United States 
requires such a waiver.
    ``(e) Scope of Coverage.--This section applies--
            ``(1) to any contract for any amount greater than the 
        simplified acquisition threshold (as specified in section 
        2302(7) of title 10, United States Code); and
            ``(2) to any contract for items described in section 
        2534(a)(5) of this title.
    ``(f) Construction.--Subsections (a), (b), and (c) may not be 
construed to diminish the primary importance of considerations of 
quality in the procurement of defense-related property or services.
    ``(g) Definition.--In this section, the term `head of an agency' 
has the meaning provided by section 2302(1) of this title.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``2410n. Requirements relating to contract performance in the United 
                            States.''.
    (b) Effective Date.--Section 2410n of title 10, United States Code, 
as added by subsection (a), shall apply with respect to contracts 
entered into on or after the date that is 60 days after the date of the 
enactment of this Act.
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