12 2 STA T .39 9 6PUBLIC LA W 11 0– 3 5 6 —O CT. 8, 2008 PublicLaw1 1 0–356 110 thCongres s A n Act Topr o hib i t th eaw ar d o fc o n tract s to pro v ide gu ard services under the contract securit y guard progra m of the F edera lP rotective S ervice to a business concern that is owned , controlled, or operated by an individual who has been convicted of a felony .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ F ede r a lP r o tecti v e S ervice Gu ard C o n tractin gR e f orm Act of 20 0 8’ ’ . SEC. 2 . F E D ER A L P ROTECTI V E SERVICE CONTRACTS. ( a ) P ROHIB I T IO N ONA WA R D O F CONTRA C T S TO AN YBU SIN E SS CONCERN O WNED , CONTRO L LED, OR O P ERATED BY AN I NDI V IDUAL CONVICTED OF A FELONY. — ( 1 )IN G ENERAL.—The Secretary of H omeland Security, acting through the Assistant Secretary of U .S. Immigration and Customs E nforcement— (A) shall p romulgate regulations establishing guide - lines for the prohibition of contract a w ards 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 con- tractor from being awarded a contract; (B) re q uire 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 ris k associated with the previous conviction, and allow the contracting officer to award a contract under certain circumstances. (b) REGULATIONS.— N ot later than 6 months after the date of the enactment of this Act, the Secretary shall issue regulations to carry out this section. Fed e ralP r ot e c t iv e S ervice Gu ard C o n tractin gR e f or mA ct of 20 0 8.4 0 U SC 13 1 5 note. Regulation s . 40 USC 1315 note. O ct. 8 , 2008 [H .R. 30 6 8 ]
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