Application of Make PPE in America Act to AbilityOne-based nitrile glove procurements

(a) In general If a covered agency procures covered nitrile gloves through a covered procurement vehicle, the agency shall ensure that such vehicle is structured to comply with the domestic sourcing and long-term contracting requirements contained in section 70953 of the Make PPE in America Act (subtitle C of title IX of Public Law 117–58; 135 Stat. 1313). (b) Supplier agreement requirement A covered procurement vehicle may be used to furnish covered nitrile gloves to a covered agency if the vehicle includes, or is modified to include, one or more supplier agreements with qualified domestic manufacturers that satisfy the requirements of this Act. Such supplier agreements may be incorporated through an existing AbilityOne arrangement, authorized distributor arrangement, prime vendor arrangement, contract modification, ordering procedure, or other lawful procurement mechanism. (c) Duration Each supplier agreement required under subsection (b) shall have a term of not less than two years. (d) Exclusive domestic manufacturing requirement Covered nitrile gloves furnished under a covered procurement vehicle shall be manufactured exclusively by qualified domestic manufacturers. (e) No avoidance through intermediary contracting A covered agency may not treat the use of an AbilityOne contract, central nonprofit agency arrangement, authorized distributor arrangement, prime vendor arrangement, or other intermediary contract structure as satisfying the long-term contracting purposes of the Make PPE in America Act (subtitle C of title IX of Public Law 117–58) unless the qualified domestic manufacturer of the covered nitrile gloves receives a supplier agreement meeting the requirements of this Act. (f) Manufacturer continuity requirement A covered procurement vehicle shall continue to source covered nitrile gloves from the qualified domestic manufacturer identified in the applicable supplier agreement throughout the term of that agreement unless— (1) the qualified domestic manufacturer consents in writing; (2) the covered agency determines that the manufacturer has materially failed to perform under the supplier agreement; (3) another exception applies as provided by Federal procurement law; or (4) any substitution of the qualified domestic manufacturer shall require a written modification to the supplier agreement and shall be documented in the contract file.