Federal Contract Deadline Fairness Act

I 116TH CONGRESS 1ST SESSION H. R. 1212 To amend section 1126 of title 41, United States Code, to provide for an exception for failure to deliver goods or complete work due to a lapse in appropriations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2019 Mr. THOMPSON of California introduced the following bill; which was referred to the Committee on Oversight and Reform A BILL To amend section 1126 of title 41, United States Code, to provide for an exception for failure to deliver goods or complete work due to a lapse in appropriations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Federal Contract 4 Deadline Fairness Act’’. 5 VerDate Sep 11 2014 04:27 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1212.IH H1212 kjohnson on DSK79L0C42 with BILLS 2 •HR 1212 IH SEC. 2. EXCEPTION FOR FAILURE TO DELIVER GOODS OR 1 COMPLETE WORK DUE TO LAPSE IN APPRO- 2 PRIATIONS. 3 (a) IN GENERAL.—Section 1126 of title 41, United 4 States Code, is amended by adding at the end the fol- 5 lowing: 6 ‘‘(c) EXCEPTION FOR FAILURE TO DELIVER GOODS 7 OR COMPLETE WORK DUE TO LAPSE IN APPROPRIA- 8 TIONS.—If the head of an executive agency determines 9 that a contractor failed by reason of a lapse in appropria- 10 tions in the Federal Government to deliver goods or com- 11 plete work under a contract with the agency by the date 12 or within the time period imposed by the contract any in- 13 formation relating to such failure may not be— 14 ‘‘(1) included in any past performance database 15 used by executive agencies for making source selec- 16 tion decisions; or 17 ‘‘(2) evaluated unfavorably on the factor of past 18 contract performance.’’. 19 Æ VerDate Sep 11 2014 04:27 Feb 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H1212.IH H1212 kjohnson on DSK79L0C42 with BILLS