II 

113TH CONGRESS 

1ST SESSION S. 1246 

To amend title 10, United States Code, to require contracting officers to 

consider information regarding domestic employment before awarding 

a Federal defense contract, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2013 

Mr. MURPHY (for himself, Mr. BROWN, Mr. MERKLEY, and Mr. 

BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to require contracting officers to consider information regarding domestic employment before awarding a Federal defense 

contract, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Jobs Matter 

5 Act of 2013’’. 


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1 SEC. 2. CONSIDERATION AND VERIFICATION OF INFORMA2 TION RELATING TO EFFECT ON DOMESTIC 

3 EMPLOYMENT OF AWARD OF FEDERAL DE4 FENSE CONTRACTS. 

5 (a) IN GENERAL.—Section 2305(a)(3) of title 10, 

6 United States Code, is amended by adding at the end the 

7 following new subparagraph: 

8 ‘‘(C)(i) In prescribing the evaluation factors to be in9 cluded in each solicitation for competitive proposals for 

10 covered contracts, an agency shall include the effects on 

11 employment within the United States of the contract as 

12 an evaluation factor that must be considered in the evalua13 tion of proposals. 

14 ‘‘(ii) In this subparagraph, the term ‘covered con15 tract’ means— 

16 ‘‘(I) a contract in excess of $1,000,000 for the 

17 procurement of manufactured goods; 

18 ‘‘(II) a contract in excess of $1,000,000 for the 

19 procurement of goods or services listed in the report 

20 of industrial base capabilities required by section 

21 2504 of title 10; and 

22 ‘‘(III) a contract in excess of $1,000,000 for 

23 the procurement of any item procured as part of a 

24 major defense acquisition program. 

25 ‘‘(iii) The head of an agency, in issuing a solicitation 

26 for competitive proposals, shall state in the solicitation 


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1 that the agency may consider, and in the case of a covered 

2 contract will consider as an evaluation factor under sub3 paragraph (A), information (in this subsection referred to 

4 as a ‘jobs impact statement’) that the offeror includes in 

5 its offer related to the effects on employment within the 

6 United States of the contract if it is awarded to the offer7 or. 

8 ‘‘(iv) The information that may be included in a jobs 

9 impact statement may include the following: 

10 ‘‘(I) The number of jobs expected to be created 

11 or retained in the United States if the contract is 

12 awarded to the offeror. 

13 ‘‘(II) The number of jobs created or retained in 

14 the United States by the subcontractors expected to 

15 be used by the offeror in the performance of the con16 tract. 

17 ‘‘(III) A guarantee from the offeror that jobs 

18 created or retained in the United States will not be 

19 moved outside the United States after award of the 

20 contract unless doing so is required to provide the 

21 goods or services stipulated in the contract or is in 

22 the best interest of the Federal Government. 

23 ‘‘(v) The contracting officer may consider, and in the 

24 case of a covered contract will consider, the information 

25 in the jobs impact statement in the evaluation of the offer 


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1 and may request further information from the offeror in 

2 order to verify the accuracy of any such information sub3 mitted. 

4 ‘‘(vi) In the case of a contract awarded to an offeror 

5 that submitted a jobs impact statement with the offer for 

6 the contract, the agency shall, not later than one year 

7 after the award of the contract and annually thereafter 

8 for the duration of the contract or contract extension, as9 sess the accuracy of the jobs impact statement. 

10 ‘‘(vii) The Secretary of Defense shall submit to Con11 gress an annual report on the frequency of use within the 

12 Department of Defense of jobs impact statements in the 

13 evaluation of competitive proposals. 

14 ‘‘(viii)(I) In any contract awarded to an offeror that 

15 submitted a jobs impact statement with its offer in re16 sponse to the solicitation for proposals for the contract, 

17 the agency shall track the number of jobs created or re18 tained during the performance of the contract. 

19 ‘‘(II) If the number of jobs that the agency estimates 

20 will be created (by using the jobs impact statement) sig21 nificantly exceeds the number of jobs created or retained, 

22 then the agency may consider this as a factor that affects 

23 a contractor’s past performance in the award of future 

24 contracts. 


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1 ‘‘(III) Contractors shall be provided an opportunity 

2 to explain any differences between their original jobs im3 pact statement and the actual amount of jobs created or 

4 retained before the discrepancy affects the agency’s as5 sessment of the contractor’s past performance.’’. 

6 (b) REVISION OF FEDERAL ACQUISITION REGULA7 TION.—The Department of Defense Supplement to the 

8 Federal Acquisition Regulation shall be revised to imple9 ment the amendment made by subsection (a). 

Æ 


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