I
106TH CONGRESS
1ST SESSION
H. R. 867
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
FEBRUARY 25, 1999
Ms. KAPTUR introduced the following bill; which was referred to the
Committee on Armed Services
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REQUIREMENTS RELATING TO CONTRACT PER-
FORMANCE 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:
‘‘§ 2410n. Requirements relating to contract perform-
ance 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 re-
sponse 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 con-
tract that the bidder or offeror plans to perform in
the United States; and
‘‘(2) shall assign a high importance to such fac-
tor.
‘‘(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 contrac-
tor is deemed to have breached the contract if the contrac-
tor performs less work in the United States than the con-
tractor 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 pursu-
ant to a solicitation referred to in subsection (a) if the
amount of work performed outside the United States
under the contract exceeds the maximum amount of work
that the contractor was expected to perform outside the
United States, based on the amount of work that the con-
tractor 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 na-
tional 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 speci-
fied in section 2302(7) of title 10, United States
Code); and
‘‘(2) to any contract for items described in sec-
tion 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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