Federal agencies would buy covered nitrile gloves from qualified U.S. makers

Agencies would have to use covered buying arrangements that include agreements with U.S. glove makers meeting the bill’s qualifications. Gloves bought through those arrangements would have to come from those makers. This applies to federal agencies buying covered nitrile examination and other non-surgical gloves for medical, emergency, laboratory, and other protective uses through or with AbilityOne-related buying arrangements. The supplier agreement must last at least two years and include a binding minimum purchase commitment or another enforceable, commercially reasonable demand commitment. An agency may allow a supplier change if the maker agrees in writing, materially fails to perform, or another federal purchasing law exception applies; the change must be documented in a written agreement update. The requirements would apply to covered buying arrangements in effect on or after the Act’s enactment, including arrangements made earlier.

A glove maker would qualify only if it manufactures the gloves in the United States, is majority-owned and controlled by U.S. persons, and meets the bill’s foreign-influence limits. The definition covers companies making covered nitrile gloves for federal agencies. A company would not qualify if a foreign entity of concern owns, controls, or significantly influences it, including through financing, contracts, or technology licensing.

Each agency would have to keep a written certification in its contract file and take corrective action if it finds a covered buying arrangement out of compliance. The certification and corrective-action duties apply to covered agencies and their covered glove-buying arrangements. The bill does not require ending an existing arrangement if the agency can bring it into compliance through changes to the arrangement, supplier agreements, or ordering procedures. The bill does not require removing gloves from the AbilityOne Procurement List or ending an AbilityOne arrangement solely because a qualified U.S. maker supplies the gloves. Agencies would implement the rules through existing purchasing authority for arrangements in effect on or after enactment.