ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES.

SEC. 843. [10 U.S.C. 3344 note] ASSURING INTEGRITY OF OVERSEAS FUEL SUPPLIES. (a) In General.—Before awarding a contract to an offeror for the supply of fuel for any overseas contingency operation, the Secretary of Defense shall— (1) ensure, to the maximum extent practicable, that no otherwise responsible offeror is disqualified for such award on the basis of an unsupported denial of access to a facility or equipment by the host nation government; and (2) require assurances that the offeror will comply with the requirements of subsections (b) and (c). (b) Requirement.—An offeror for the supply of fuel for any overseas contingency operation shall— (1) certify that the provided fuel, in whole or in part, or derivatives of such fuel, is not sourced from a nation or region prohibited from selling petroleum to the United States; and (2) furnish such records as are necessary to verify compliance with such anticorruption statutes and regulations as the Secretary determines necessary, including— (A) the Foreign Corrupt Practices Act (15 U.S.C. 78dd-1 et seq.); (B) the regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations, or successor regulations (commonly known as the “International Traffic in Arms Regulations”); (C) the regulations contained in parts 730 through 774 of title 15, Code of Federal Regulations, or successor regulations (commonly known as the “Export Administration Regulations”); and (D) such regulations as may be promulgated by the Office of Foreign Assets Control of the Department of the Treasury. (c) Applicability.—Subsections (a) and (b) of this section shall apply with respect to contracts entered into on or after the date of the enactment of this Act. (d) Consideration of Tradeoff Processes.—If the Secretary of Defense awards a contract for fuel procurement for an overseas contingency operation, the contracting officer for such contract shall consider tradeoff processes (as described in subpart 15 of the Federal Acquisition Regulation, or any successor regulation), including consideration of past performance evaluation, cost, anticorruption training, and compliance. With respect to any such contract awarded for which the contracting officer does not consider tradeoff processes, the contracting officer shall, before issuing a solicitation for such contract, submit to the Secretary a written justification for not considering tradeoff processes in awarding such contract.