Retain Act

Retain Act

This bill requires an executive agency to give a contracting preference to an offeror that certifies it will retain jobs performed in the United States and use products substantially manufactured in, and services provided in, the United States for the contract.

To be eligible, an offeror shall certify that it:

• has not relocated jobs from the United States to foreign countries in the preceding five years,
• has not established foreign facilities to perform the same function that could have been performed in the United States with the intention of manufacturing or providing the same service and importing the same product or service back to the United States,
• will not relocate jobs from the United States to foreign countries during the contract period, and
• will use U.S. products and services under the contract.

An executive agency may except an offeror from such requirements if:

• the products needed for the contract are not manufactured in the United States in sufficient and reasonably available commercial quantities and are not of satisfactory quality;
• there is an unreasonable cost associated with the use of products substantially manufactured in, or services provided in, the United States; and/or
• the use of such products would be inconsistent with the public interest.

If an agency determines that a contractor has submitted a false statement or violated any of the certification requirements, it shall terminate the contract and the contractor may not receive the preference for at least five years.

The Federal Acquisition Regulation shall be revised to implement the requirements of this bill.