The Firearm Industry Non-Discrimination (FIND) Act inserts a new section into chapter 47 of title 41, U.S. Code that forbids executive agencies from awarding procurement contracts to entities that 'discriminate' against firearm or ammunition industries. It requires a certification clause in prime contracts and places constraints on first-tier subcontracting; violations trigger contract termination for default and initiation of suspension or debarment proceedings.
This is a procurement-focused protection for firearm manufacturers, ammunition sellers, and related trade associations. For federal contractors and procurement officers it creates a new compliance checkpoint — and for firms that have policies restricting business with firearm-related entities the bill would force a choice between those policies and eligibility for federal work.
At a Glance
What It Does
Adds section 4715 to title 41 requiring agencies to insert a non‑discrimination certification clause in procurement contracts, to limit first‑tier subcontracts to certified entities, and to penalize breaches through termination and debarment. The statute excludes sole‑source contracts and applies to contracts awarded after enactment.
Who It Affects
Federal contracting officers, prime contractors and their subcontractors, and businesses defined as 'firearm entities' (licensed importers/manufacturers/dealers, ammunition sellers, safety‑device makers, and makers of firearm parts and accessories) and firearm trade associations.
Why It Matters
It creates a statutory procurement floor protecting firearm‑related businesses from being excluded through vendor policies, and forces contractors to reconcile private commercial restrictions with federal contracting eligibility. That will alter vendor due diligence, flow‑down clauses, and subcontract planning across affected supply chains.
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What This Bill Actually Does
The FIND Act amends federal procurement law so that every competitive prime contract must carry a promise from the prime contractor that it has no policy or practice that discriminates against firearm or ammunition businesses and that it will not adopt one during the contract term. Agencies must include a similar flow‑down prohibition in the prime contract that prevents the prime from awarding any first‑tier subcontract worth more than 10% of the prime contract’s total value to entities that do not provide the same written certification.
The bill also bars structuring subcontract tiers to bypass the 10% limit—meaning primes cannot push work down to lower tiers to avoid the rule.
The bill defines 'discriminate' in a detailed way: it forbids categorical or ‘partial criteria’ denials in favor of a case‑by‑case or empirically grounded approach, and it says discrimination includes refusing or limiting services, or operating limits not required by law or regulation. At the same time, the definition expressly permits business decisions based on customer‑specific credit or financial risk and on noncompliance with law.
The statute supplies explicit definitions for 'firearm entity,' 'firearm trade association,' 'first‑tier subcontract,' and 'lower‑tier subcontractor' so agencies and vendors know who falls inside the rule’s scope.Enforcement is immediate and severe: a proven breach of the contract clause requires termination for default and initiates suspension or debarment proceedings against the contractor. The bill does not eliminate agency discretion in other areas of procurement, but it does impose a compliance obligation that primes must document and police through their subcontract management practices.
A narrow exception excludes sole‑source procurements from the new rule, and the provision applies prospectively to contracts awarded on or after the law’s effective date.
The Five Things You Need to Know
The bill requires prime contractors to obtain and hold a written certification that they have no discriminatory policy against firearm entities and will not adopt one during the contract term.
Prime contractors may not award any first‑tier subcontract valued at more than 10% of the prime contract’s total value to an entity that fails to provide the required written certification.
Primes are prohibited from structuring subcontract tiers to evade the 10% first‑tier rule—i.e.
pushing work down to lower tiers to lawfully bypass the restriction.
If a prime contractor violates the clause, the contract must be terminated for default and a suspension or debarment proceeding will be initiated on the basis of that violation.
The statute defines 'discriminate' with atypical language: it bars category‑based or partial‑criteria exclusions unless decisions are made case‑by‑case or supported by empirical, quantifiable analysis; it also excludes from the definition actions based on customer‑specific credit risk or legal noncompliance.
Section-by-Section Breakdown
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Short title
Designates the measure as the 'Firearm Industry Non‑Discrimination Act' or 'FIND Act.' This is purely nominal but is how the new section will be referenced in future citations.
Contract clause requiring non‑discrimination certification
Mandates that every procurement contract issued by an executive agency include a clause in which the prime contractor certifies it has no policy, practice, guidance, or directive that discriminates against firearm entities or firearm trade associations and that it will not adopt one during the contract term. Practically, agencies will need to adopt standardized clause language and update solicitations and contract templates to capture this certification at award.
Flow‑down and first‑tier subcontract limits
Requires primes to prohibit first‑tier subcontracts exceeding 10% of the prime contract value to any entity that fails to provide the same written certification, and bars structuring tiers to avoid that 10% limit. This creates an explicit subcontracting threshold that primes must monitor and enforce, pushing primes to collect certifications from prospective first‑tier subcontractors and to redesign subcontract allocations if necessary.
Remedies: termination and debarment initiation
Specifies the enforcement consequences for breach of the clause: mandatory termination of the prime contract for default and initiation of suspension or debarment proceedings. The statutory language compels agencies to treat certified violations as triggers for severe procurement sanctions rather than discretionary remedies.
Sole‑source exception, definitions, and applicability
Exempts sole‑source procurements from the new requirement and provides detailed definitions for 'discriminate,' 'firearm entity,' 'firearm trade association,' 'first‑tier subcontract,' and 'lower‑tier subcontractor.' The section also makes the new law applicable to contracts awarded after the enactment date, and adds a table entry for the new section to chapter 47.
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Explore Government in Codify Search →Who Benefits and Who Bears the Cost
Every bill creates winners and losers. Here's who stands to gain and who bears the cost.
Who Benefits
- Licensed firearm manufacturers, importers, and dealers — the text explicitly covers entities licensed under 18 U.S.C. §923 and related sellers, making it harder for government contractors to exclude these firms from supply chains serving federal contracts.
- Ammunition sellers and component/accessory manufacturers — the statutory definitions include ammunition sellers and makers of parts/accessories, so these vendors gain a statutory backstop against being denied contract work solely on industry affiliation.
- Firearm trade associations — the statute names trade associations and protects them from contract‑level discrimination, preserving their ability to participate in procurements or be contracted where appropriate.
- Prime contractors who supply government without firearm‑related restrictions — these firms benefit from clearer rules that level the playing field by preventing competitors from relying on exclusionary supplier policies to secure preferential contracting outcomes.
Who Bears the Cost
- Prime contractors — they must obtain and maintain written certifications, adjust subcontracting strategies to comply with the 10% first‑tier cap, and face the risk of contract termination and debarment if a certified subcontractor is later found noncompliant.
- Subcontractors and firms with internal policies that limit business with firearm companies — such entities may lose eligibility for first‑tier roles or be required to change commercial policies to obtain federal subcontracting work.
- Federal agencies and contracting officers — agencies must update procurement templates, train staff, verify certifications, and manage enforcement actions including termination and debarment processes, adding administrative burden and oversight costs.
- Companies with ESG or risk‑management policies that exclude firearm industry clients — these businesses will confront compliance choices between maintaining those policies and participating in federal procurement opportunities.
Key Issues
The Core Tension
The bill forces a trade‑off between two legitimate values: protecting firearm‑related businesses from market exclusion in the federal procurement ecosystem, and preserving private parties’ freedom to adopt commercial policies (including risk‑management or reputational policies) and to choose their trading partners. That conflict is complicated by vague evidentiary standards and by heavy enforcement tools (termination and debarment) that shift substantial compliance costs onto contractors and agencies.
The bill's central operational language — especially its definition of 'discriminate' — is unusually prescriptive. By disfavoring category‑based or partial‑criteria assessments in favor of case‑by‑case or 'empirical' evaluations, the statute raises immediate interpretive questions: what degree of documentation will satisfy the 'empirical data evaluated under quantifiable standards' requirement, and who decides whether a supplier's policy is an impermissible 'favoritism for market alternatives' versus a legitimate commercial strategy?
Those ambiguities will matter in suspension/debarment proceedings and any administrative challenges.
Monitoring and enforcement present practical headaches. The 10% first‑tier threshold forces primes to collect certifications from prospective first‑tier subcontractors and to redesign scopes of work if common suppliers refuse to certify.
The ban on structuring tiers to avoid the cap invites scrutiny of subcontracting patterns, which can be administratively intensive. Termination for default plus initiation of debarment proceedings is a blunt remedy; the statute does not specify investigative standards, burden of proof, or interim measures to avoid undue harm to ongoing contract performance, leaving agencies to craft procedures that balance enforcement with continuity of services.
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