H.R. 1218 Text

108th CONGRESS
1st Session

H. R. 1218

To require contractors with the Federal Government to possess a satisfactory record of integrity and business ethics.

IN THE HOUSE OF REPRESENTATIVES

March 11, 2003

Mr. WYNN introduced the following bill; which was referred to the Committee on Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To require contractors with the Federal Government to possess a satisfactory record of integrity and business ethics.

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

SECTION 1. REQUIREMENT FOR FEDERAL CONTRACTORS TO POSSESS SATISFACTORY RECORD OF INTEGRITY AND BUSINESS ETHICS.

(a) DEFENSE CONTRACTORS- (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2305a the following new section:

`Sec. 2305b. Contractor requirement for satisfactory record of integrity and business ethics

`(a) IN GENERAL- No prospective contractor may be awarded a contract with an agency under this title unless the contracting officer for the contract determines that such prospective contractor has a satisfactory record of integrity and business ethics, including a record of satisfactory compliance with the law (including tax, labor and employment, environmental, antitrust, and consumer protection laws).

`(b) INFORMATION TO BE CONSIDERED- In making a determination as to whether a prospective contractor has a satisfactory record of integrity and business ethics, a contracting officer--

`(1) shall consider all relevant credible information, but shall give the greatest weight to any violations of law that have been adjudicated during the 3-year period preceding the offer by the prospective contractor;

`(2) shall consider any administrative agreements entered into with the prospective contractor if the prospective contractor has taken corrective action after disclosing a violation of law, and may consider such a contractor to be a responsible contractor if the contractor has corrected the conditions that led to the misconduct;

`(3) shall consider failure to comply with the terms of an administrative agreement to be a lack of integrity and business ethics under this section;

`(4) may consider other relevant information, such as civil or administrative complaints or similar actions filed by or on behalf of a Federal agency, board, or commission, if such action reflects an adjudicated determination by the agency; and

`(5) shall consider the following in descending order of importance:

`(A) Convictions of and civil judgments rendered against the prospective contractor for--

`(i) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, State, or local contract or subcontract;

`(ii) violation of Federal or State antitrust law relating to the submission of offers; or

`(iii) commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statement, tax evasion, or receiving stolen property.

`(B) Indictments for the offenses described in subparagraph (A).

`(C) With respect to tax, labor, employment, environmental, antitrust, or consumer protection laws--

`(i) Federal or State felony convictions;

`(ii) adverse Federal court judgments in civil cases brought by the United States;

`(iii) adverse decisions by a Federal administrative law judge, board, or commission indicating violations of law; and

`(iv) Federal or State felony indictments.'.

(2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2305a the following new item:

`2305b. Contractor requirement for satisfactory record of integrity and business ethics.'.

(b) OTHER CONTRACTORS- (1) Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303L the following new section:

`SEC. 303M. CONTRACTOR REQUIREMENT FOR SATISFACTORY RECORD OF INTEGRITY AND BUSINESS ETHICS.

`(a) IN GENERAL- No prospective contractor may be awarded a contract with an agency unless the contracting officer for the contract determines that such prospective contractor has a satisfactory record of integrity and business ethics, including a record of satisfactory compliance with the law (including tax, labor and employment, environmental, antitrust, and consumer protection laws).