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U.S. Code as of:
01/19/04
Section 701. Drug-free workplace requirements for Federal contractors
(a) Drug-free workplace requirement
(1) Requirement for persons other than individuals
No person, other than an individual, shall be considered a
responsible source, under the meaning of such term as defined in
section 403(8) 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 403(11) of this title) by any Federal agency,
other than a contract for the procurement of commercial items (as
defined in section 403(12) of this title), unless such 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 such 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) any available drug counseling, rehabilitation, and
employee assistance programs; and
(iv) the penalties that may be imposed upon employees for
drug abuse violations;
(C) making it a requirement that each employee to be engaged
in the performance of such 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 such
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 such 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 such conviction;
(F) imposing a sanction on, or requiring the satisfactory
participation in a drug abuse assistance or rehabilitation
program by, any employee who is so convicted, as required by
section 703 of this title; and
(G) making a good faith effort to continue to maintain a
drug-free workplace through implementation of subparagraphs
(A), (B), (C), (D), (E), and (F).
(2) Requirement for individuals
No Federal agency shall enter into a contract with an
individual unless such individual agrees that the individual will
not 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
Each contract awarded by a Federal agency shall be subject to
suspension of payments under the contract or termination of the
contract, or both, and the contractor thereunder or the
individual who entered the contract with the Federal agency, as
applicable, shall be subject to suspension or debarment in
accordance with the requirements of this section if the head of
the agency determines that -
(A) the contractor violates the requirements of subparagraph
(A), (B), (C), (D), (E), or (F) of subsection (a)(1) of this
section; or
(B) such a number of employees of such contractor have been
convicted of violations of criminal drug statutes for
violations occurring in the workplace as to indicate that the
contractor has failed to make a good faith effort to provide a
drug-free workplace as required by subsection (a) of this
section.
(2) Conduct of suspension, termination, and debarment proceedings
(A) If a contracting officer determines, in writing, that cause
for suspension of payments, termination, or suspension or
debarment exists, an appropriate action shall be initiated by a
contracting officer of the agency, to be conducted by the agency
concerned in accordance with the Federal Acquisition Regulation
and applicable agency procedures.
(B) 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 such other
procedures as may be necessary to provide a full and fair
proceeding to a contractor or individual in such proceeding.
(3) Effect of debarment
Upon issuance of any final decision under this subsection
requiring debarment of a contractor or individual, such
contractor or individual shall be ineligible for award of any
contract by any Federal agency, and for participation in any
future procurement by any Federal agency, for a period specified
in the decision, not to exceed 5 years.
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