The FIND Act prohibits federal agencies from contracting with entities that discriminate against the firearm and ammunition industry, ensuring fair access to government contracts for these businesses. Contractors must certify they do not discriminate against firearm entities, with violations leading to contract termination.
Jack Bergman
Representative
MI-1
The FIND Act prohibits federal agencies from contracting with entities that discriminate against the firearm and ammunition industry. It requires federal contractors to certify they do not discriminate against firearm entities and prohibits them from awarding subcontracts to entities that do not provide a similar certification. Violations of these clauses will result in contract termination. The act defines "discriminate" as making judgments or refusing/limiting services based on biased criteria, rather than case-by-case evaluations, empirical data, financial risk, or legal non-compliance.
FIND Act: New Bill Could Force Feds to Keep Buying from Gun Industry, Even If They Don't Want To
The Firearm Industry Non-Discrimination (FIND) Act is pretty much what it sounds like. This bill aims to prevent federal agencies from doing business with companies that have policies seen as discriminating against the firearm and ammunition industry.
No Discrimination Allowed?
The core of the FIND Act is a new rule for federal contracts. Basically, any company wanting a government contract will have to certify that they don't "discriminate" against firearm businesses or trade associations. And it's not just them – they also have to make sure any subcontractors they use (for work worth over 10% of the contract) also certify the same thing. Section 2 spells this out clearly, requiring a specific clause in all federal contracts.
But what does "discriminate" actually mean here? The bill defines it (in Section 2) as making decisions based on broad biases, rather than looking at each case individually, using real data, assessing financial risk, or checking legal compliance. So, if a company refuses to work with a gun manufacturer because of, say, ethical concerns, that could be considered discrimination under this law.
For example a hypothetical camping supply company, "CampSafe Outdoors," has a contract to provide tents to the National Park Service. If CampSafe decides to stop selling firearms in their stores due to safety concerns, they might be in violation of the FIND Act. This could lead to them losing their government contract, even if their tents are the best on the market. They need to decide to keep selling guns, or lose the contract, even if they provide great tents.
Penalties and Loopholes
If a company violates this non-discrimination rule, the consequences are harsh. The bill states (again, in Section 2) that the contract will be terminated, and the company could be suspended or even debarred from getting any future government contracts. That's a big deal for any business that relies on federal work.
However, there's a significant loophole: sole-source contracts are exempt. This means if there's only one company that can provide a specific good or service, the non-discrimination rule doesn't apply. This could create a situation where certain companies are effectively immune to the law's requirements.
The Big Picture
While the FIND Act is presented as promoting fairness, it actually seems to favor one specific industry – firearms – over others. It raises some serious questions:
- Limited Competition: By potentially excluding companies with certain policies, the government might not get the best deals or the highest-quality products.
- Subjective Enforcement: The definition of "discrimination" is pretty vague, leaving it open to interpretation and potential abuse.
- Precedent Setting: This bill could pave the way for similar laws benefiting other industries, leading to a tangled mess of regulations in federal contracting.
Ultimately, the FIND Act could have a chilling effect on businesses, forcing them to choose between their own values or policies and the ability to compete for government contracts. And that's something that could impact everyone, not just those in the firearm industry.