§8102 — Title 41 Public Contracts | U.S. Code

Summary

Companies and organizations (not lone individuals) that want federal contracts for more than the simplified acquisition threshold must agree to keep a drug-free workplace, unless the contract is only for commercial products or services. They must publish a clear rule forbidding illegal drug manufacture, sale, possession, or use at work and explain what will happen if rules are broken. They must run a short awareness program about the dangers of drug use, the company’s policy, available counseling or rehab help, and possible penalties. Every worker who will work on the contract must get the rule in writing and must be told they must follow it and report any criminal drug conviction that happened at work within 5 days. The company must tell the contracting agency within 10 days after it learns of such a conviction. The company must punish or help convicted workers get treatment and must try in good faith to keep the workplace drug-free. If an agency head finds the company broke these rules or that too many employees were convicted, the agency can stop payments, end the contract, or suspend or debar the contractor. A written finding must start the process, and the contractor gets notice and a chance to respond under the Federal Acquisition Regulation. A final debarment can bar a contractor from federal contracts for up to 5 years.

Title 41, §8102

Public Contracts — Source: USLM XML via OLRC

(a)(1)A person other than an individual shall not be considered a responsible source (as defined in section 113 of this title) 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) by a Federal agency, other than a contract for the procurement of commercial products or commercial services (as defined in section 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; and

(G)making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs (A) to (F).

(2)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)(1)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)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)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.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 810241:701.Pub. L. 100–690, title V, § 5152, Nov. 18, 1988, 102 Stat. 4304; Pub. L. 103–355, title IV, § 4104(d), title VIII, § 8301(f), Oct. 13, 1994, 108 Stat. 3342, 3397; Pub. L. 104–106, div. D, title XLIII, §§ 4301(a)(3), 4321(i)(13), Feb. 10, 1996, 110 Stat. 656, 677.

Editorial Notes

Amendments

2018—Subsec. (a)(1). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in section 103 and 103a, respectively, of this title)” for “commercial items (as defined in section 103 of this title)” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

§8102 Drug-free Workplace Requirements for Federal Contractors

Summary

Title 41, §8102

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Effective Date

Savings Provision

Citations & Metadata