HR45-119

What This Bill Does

The FIND Act adds a new procurement rule to title 41. Every executive-agency contract for goods or services must include a clause requiring the prime contractor to certify that it has no policy, practice, guidance, or directive discriminating against a firearm entity or firearm trade association and will not adopt one during the contract term. Federal contracts must also prohibit prime contractors from awarding a first-tier subcontract worth more than 10 percent of the prime contract to an entity that fails to make the same certification, and must prohibit structuring subcontract tiers to evade that 10 percent rule. If a prime contractor violates the clause, the prime contract must be terminated for default and a suspension or debarment proceeding must begin. Sole-source contracts are exempt. The bill defines discrimination around category-based judgments, refusal to provide goods or services, termination of business relationships, or adverse treatment of firearm entities or trade associations without ordinary business reasons.

Who Benefits and How

Firearm manufacturers benefit because federal contractors must certify they do not discriminate against firearm entities. Firearm trade associations benefit from procurement protections against adverse treatment by contractors and covered subcontractors. Prime contractors willing to serve firearm entities benefit from a clearer path to federal contracting eligibility. Federal procurement officials benefit from a uniform contract clause for firearm-industry nondiscrimination.

Who Bears the Burden and How

Executive agencies must include firearm-industry nondiscrimination clauses in covered procurement contracts. Prime contractors must certify their own policies and police first-tier subcontractors above the 10 percent threshold. First-tier subcontractors above the threshold must provide written certifications or lose eligibility for covered subcontract awards. Contractors with firearm-industry restrictions face default termination and suspension or debarment proceedings if they violate the clause.

Key Provisions

• Requires prime contractors on covered executive-agency contracts to certify no discrimination against firearm entities or firearm trade associations.
• Prohibits first-tier subcontracts worth more than 10 percent of the prime contract with noncertifying entities.
• Blocks subcontract-tier structuring designed to evade the 10 percent first-tier subcontract rule.
• Requires default termination and initiation of suspension or debarment proceedings for violations.
• Exempts sole-source procurement contracts from the certification rule.