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40 U.S.C. § 2

U.S. CodeFederalPositive Law
FEDERAL PROTECTIVE SERVICE CONTRACTS.
About This Law
pg_id_50807::119-84
Title
40 — Public Buildings, Property, and Works
Chapter
STI/CH13
Release
119-84
Release Date
2026-04-17

Section Text

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“(a) Prohibition on Award of Contracts to Any Business Concern Owned, Controlled, or Operated by an Individual Convicted of a Felony.—“(1) In general.—The Secretary of Homeland Security, acting through the Assistant Secretary of U.S. Immigration and Customs Enforcement—“(A) shall promulgate regulations establishing guidelines for the prohibition of contract awards for the provision of guard services under the contract security guard program of the Federal Protective Service to any business concern that is owned, controlled, or operated by an individual who has been convicted of a felony; and “(B) may consider permanent or interim prohibitions when promulgating the regulations. “(2) Contents.—The regulations under this subsection shall—“(A) identify which serious felonies may prohibit a contractor from being awarded a contract; “(B) require contractors to provide information regarding any relevant felony convictions when submitting bids or proposals; and “(C) provide guidelines for the contracting officer to assess present responsibility, mitigating factors, and the risk associated with the previous conviction, and allow the contracting officer to award a contract under certain circumstances. “(b) Regulations.—Not later than 6 months after the date of the enactment of this Act [Oct. 8, 2008], the Secretary shall issue regulations to carry out this section.

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