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41 U.S.C. § 8102 — Drug-free workplace requirements for Federal contractors

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8102 — Drug-free workplace requirements for Federal contractors

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Stable record: federal_law:legal_authorities:record_usc_13fed221340696636629f762
Source file: Laws/federal/codes/united-states-code/title-41/section-8102-drug-free-workplace-requirements-for-federal-contractors--3569fcf372.md
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Source location: Title 41, Chapter 81, § 8102; chapter-081-drug-free-workplace.md

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**(a) In General.—** (1) **Persons other than individuals.—** — A person other than an individual shall not be considered a responsible source (as defined in [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section113&num=0&edition=prelim)) for the purposes of being awarded a contract for the procurement of any property or services of a value greater than the simplified acquisition threshold (as defined in [section 134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)) by a Federal agency, other than a contract for the procurement of commercial products or commercial services (as defined in sections 103 and 103a, respectively, of this title), unless the person agrees to provide a drug-free workplace by— (A) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person’s workplace and specifying the actions that will be taken against employees for violations of the prohibition; (B) establishing a drug-free awareness program to inform employees about— (i) the dangers of drug abuse in the workplace; (ii) the person’s policy of maintaining a drug-free workplace; (iii) available drug counseling, rehabilitation, and employee assistance programs; and (iv) the penalties that may be imposed on employees for drug abuse violations; (C) making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph (A); (D) notifying the employee in the statement required by subparagraph (A) that as a condition of employment on the contract the employee will— (i) abide by the terms of the statement; and (ii) notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction; (E) notifying the contracting agency within 10 days after receiving notice under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of a conviction; (F) imposing a sanction on, or requiring the satisfactory participation in a drug abuse assistance or rehabilitation program by, any employee who is convicted, as required by [section 8104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8104&num=0&edition=prelim); and (G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A) to (F). (2) **Individuals.—** — A Federal agency shall not make a contract with an individual unless the individual agrees not to engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the performance of the contract. **(b) Suspension, Termination, or Debarment of Contractor.—** (1) **Grounds for suspension, termination, or debarment.—** — Payment under a contract awarded by a Federal agency may be suspended and the contract may be terminated, and the contractor or individual who made the contract with the agency may be suspended or debarred in accordance with the requirements of this section, if the head of the agency determines that— (A) the contractor is violating, or has violated, the requirements of subparagraph (A), (B), (C), (D), (E), or (F) of subsection (a)(1); or (B) the number of employees of the contractor who have been convicted of violations of criminal drug statutes for violations occurring in the workplace indicates that the contractor has failed to make a good faith effort to provide a drug-free workplace as required by subsection (a). (2) **Conduct of suspension, termination, and debarment proceedings.—** — A contracting officer who determines in writing that cause for suspension of payments, termination, or suspension or debarment exists shall initiate an appropriate action, to be conducted by the agency concerned in accordance with the Federal Acquisition Regulation and applicable agency procedures. The Federal Acquisition Regulation shall be revised to include rules for conducting suspension and debarment proceedings under this subsection, including rules providing notice, opportunity to respond in writing or in person, and other procedures as may be necessary to provide a full and fair proceeding to a contractor or individual. (3) **Effect of debarment.—** — A contractor or individual debarred by a final decision under this subsection is ineligible for award of a contract by a Federal agency, and for participation in a future procurement by a Federal agency, for a period specified in the decision, not to exceed 5 years.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 103 — Commercial product

In this subtitle, the term “commercial product” means any of the following: (1) A product, other than real property, that— (A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and (B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public. (2) A product that— (A) evolved from a product described in paragraph (1) through advances in technology or performance; and (B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation. (3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for— (A) modifications of a type customarily available in the commercial marketplace; or (B) minor modifications made to meet Federal Government requirements. (4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public. (5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor. (6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that— (A) the product was developed exclusively at private expense; and (B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 113 — Responsible source

In this subtitle, the term “responsible source” means a prospective contractor that— (1) has adequate financial resources to perform the contract or the ability to obtain those resources; (2) is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and Government business commitments; (3) has a satisfactory performance record; (4) has a satisfactory record of integrity and business ethics; (5) has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain the organization, experience, controls, and skills; (6) has the necessary production, construction, and technical equipment and facilities, or the ability to obtain the equipment and facilities; and (7) is otherwise qualified and eligible to receive an award under applicable laws and regulations.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 134 — Simplified acquisition threshold

In division B, the term “simplified acquisition threshold” means $250,000.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 453b — Litigation management

**(a) Federal cause of action** (1) **In general** — There shall exist a Federal cause of action for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers 11 So in original. Probably should be “Sellers”. that provide qualified anti-terrorism technology to Federal and non-Federal government 22 So in original. Probably should be “Government”. customers. (2) **Jurisdiction** — Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller. **(b) Special rules** In an action brought under this section for damages the following provisions apply: (1) **Punitive damages** — No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment. (2) **Noneconomic damages** (A) *In general* — Noneconomic damages may be awarde

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8104 — Employee sanctions and remedies

Within 30 days after receiving notice from an employee of a conviction pursuant to section 8102(a)(1)(D)(ii) or 8103(a)(1)(D)(ii) of this title, a contractor or grantee shall— (1) take appropriate personnel action against the employee, up to and including termination; or (2) require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for those purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8102 — Drug-free workplace requirements for

Page 185 TITLE 41—PUBLIC CONTRACTS § 8102 the Secretary of the Treasury taking into con- sideration current private commercial rates of interest for new loans maturing in approxi- mately 5 years. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3825.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 7109(a)(1) .... 41:611 (1st sentence). Pub. L. 95–563, § 12, Nov. 1, 1978, 92 Stat. 2389. 7109(a)(2) .... 41:611 note. Pub. L. 102–572, title IX, § 907(a)(3), Oct. 29, 1992, 106 Stat. 4518. 7109(b) ........ 41:611 (last sen- tence). In subsection (a)(2), the words ‘‘on or after the date of the enactment of this Act’’, ‘‘the later of’’, and ‘‘or the date of the enactment of this Act’’ are omitted as obsolete. Subsection (b) is substituted for ‘‘The interest pro- vided for in this section shall be paid at the rate estab- lished by the Secretary of the Treasury pursuant to Public Law 92–41 (85 Stat. 97) for the Renegotiation Board’’ to eliminate obsolete language and to codify the criteria under which the interest rate is computed. Section 2(a)(3) of the Act of July 1, 1971 (Pub. L. 92–41, 85 Stat. 97), amended section 105(b)(2) of the Renegoti- ation Act of 1951 (Mar. 23, 1951, ch. 15, 65 Stat. 13) by adding provisions substantially similar to those en- acted here. However, the Renegotiation Act of 1951 (Mar. 23, 1951, ch. 15, 65 Stat. 7) was omitted from the Code pursuant to section 102(c)(1) of the Act (65 Stat. 8), amended several times, the last being Public Law 94–185 (89 Stat. 1061), which provided that most provisions of that Act do not apply to receipts and accruals attrib- utable to contract performance after September 30, 1976, and in view of the termination of the Renegoti- ation Board and the tra

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 8102

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