Preamble
Given the critical need to ensure that government procurement is conducted in a manner that is fair, transparent, and reflective of the best value for taxpayer money while prohibiting any form of discrimination, this Act is established:
Section 1: Short Title
This Act shall be known as the “Fair and Impartial Procurement Act of 2025.”
Section 2: Definitions
Covered Entity: Any department, agency, or instrumentality of the United States Government that engages in procurement activities.
Procurement: The process of acquiring goods, works, or services through a purchasing contract by and for the use of the Government, whether the supplies or services are existing or need to be created, developed, demonstrated, or evaluated.
Evaluation Criteria: Criteria by which bids for contracts are assessed, focusing solely on the technical merit, product quality, and financial terms.
Section 3: Prohibition Against Discrimination
(a) General Prohibition - No covered entity shall base procurement decisions on:
Race, color, religion, sex (including sexual orientation and gender identity), national origin, age, disability, or genetic information of any individual associated with or employed by the bidding entity.
Any other immutable characteristics or personal attributes not directly related to the capability to perform the contract terms.
(b) Equal Application - This prohibition applies equally to any positive or negative discrimination based on these attributes, ensuring a level playing field for all bidders.
(c) Mandatory Evaluation Criteria - All procurement decisions must be based exclusively on:
The technical merit and quality of the product or service offered.
The price, including all life-cycle costs, presented by the bidder.
Section 4: Implementation
(a) Regulatory Adjustments:
The Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation (FAR) within 90 days from the enactment of this Act to incorporate these principles and ensure compliance.
(b) Training:
Mandatory training for all procurement personnel on the requirements of this Act, emphasizing unbiased evaluation and the importance of avoiding discrimination.
Section 5: Transparency and Accountability
(a) Public Access to Information:
All procurement processes shall be transparent with public access to tender notices, contract awards, and bid evaluation reports, except where national security or confidentiality agreements prevent disclosure.
(b) Procurement Review Unit:
Establishment of a Procurement Review Unit to oversee adherence to this Act, handle complaints, and ensure fair practices in procurement.
Section 6: Enforcement
(a) Complaints and Investigations:
Entities or individuals may file complaints with the Procurement Review Unit if they believe a procurement decision violated this Act.
(b) Penalties:
Civil Penalties: Fines for entities found in violation, based on the severity of the breach.
Administrative Actions: Potential suspension or debarment from federal procurement for repeated or severe violations.
Section 7: Reporting
Annual reports to Congress detailing compliance, number of complaints, investigation outcomes, and recommendations for further improving transparency and equity in procurement processes.
Section 8: Effective Date
This Act shall take effect 120 days after its enactment, allowing for necessary adjustments to current procurement practices.
Section 9: Severability
If any part of this Act is deemed invalid, the remainder shall continue in full force and effect.
End of Act