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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle B — Amendments to General Contracting Authorities, Procedures, and Limitations

P. L. 115-

House Conference Report. 115-404

(2) Elements.--The report required under paragraph
(1) shall include the following elements:

(A) A description of the existing
procedures of the Department of Defense to
evaluate the safety and health records of
current and prospective contractors.

(B) An evaluation of the adherence of the
Department of Defense to such procedures.

(C) An assessment of the current incidence
of safety and health violations by Department
of Defense contractors.

(D) An assessment of whether the Secretary
of Labor has the resources to investigate and
identify safety and health violations by
Department of Defense contractors.

(E) An assessment of whether the Secretary
of Labor should consider assuming an expanded
investigatory role or a targeted enforcement
program for ensuring the safety and health of
individuals working under Department of Defense
contracts.

The Senate amendment contained a provision (sec. 830) that would require contracting officers, prior to awarding or renewing covered contacts, to consider any identified violations of the Occupational Safety and Health Act of 1970 or equivalent State laws by the offeror or covered subcontractors using publicly available information. Contractors would have the right to protest bids and appeal actions taken pursuant to this provision. The provision would have also required a Comptroller General report on health and safety record of defense contractors.

The House bill contained no similar provision.

The House recedes with an amendment to require a Comptroller General report on health and safety record of defense contractors.

The conferees note that Federal Acquisition Regulations state that “purchases shall be made from, and contracts shall be awarded to, responsible prospective contractors only,” and that to be “determined responsible”, a prospective contractor must “have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors)”.

The conferees direct the Secretary of Defense to ensure that contracting officials award contracts consistent with federal acquisition regulations, including those required safety elements.

The conferees further note a senior DOD official committed to “looking into how the Navy tracks and monitors workplace safety violations at the shipyards that it's doing business with,” and looks forward to being informed of the results of that review, which will support efforts to ensure that the men and women in the industrial base who support operational forces are employed in the safest possible workplaces.

The conferees direct the Secretary of Defense to brief the congressional defense committees on current policies to track incidences of health and safety violations at defense contractors; whether contracting officers are currently directed to consider such information in the course of making responsibility determinations before a contract award; and how the Department measures whether such information was in fact taken into consideration, no later than one year after the date of enactment of this Act.