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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle G Governmentwide Acquisition Improvements

DHNDAA Section

Representative Waxman Summary

SEC. 872. DATABASE FOR FEDERAL AGENCY CONTRACT AND GRANT OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.

(a) In General- Subject to the authority, direction, and control of the Director of the Office of Management and Budget, the Administrator of General Services shall establish, not later than one year after the date of the enactment of this Act, and maintain a database of information regarding the integrity and performance of certain persons awarded Federal agency contracts and grants for use by Federal agency officials having authority over contracts and grants.

(b) Persons Covered- The database shall cover the following:

(1) Any person awarded a Federal agency contract or grant in excess of $500,000, if any information described in subsection (c) exists with respect to such person.

(2) Any person awarded such other category or categories of Federal agency contract as the Federal Acquisition Regulation may provide, if such information exists with respect to such person.

(c) Information Included- With respect to a covered person the database shall include information (in the form of a brief description) for the most recent 5-year period regarding the following:

(1) Each civil or criminal proceeding, or any administrative proceeding, in connection with the award or performance of a contract or grant with the Federal Government with respect to the person during the period to the extent that such proceeding results in the following dispositions:

(A) In a criminal proceeding, a conviction.

(B) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(C) In an administrative proceeding, a finding of fault and liability that results in--

(i) the payment of a monetary fine or penalty of $5,000 or more; or

(ii) the payment of a reimbursement, restitution, or damages in excess of $100,000.

(D) To the maximum extent practicable and consistent with applicable laws and regulations, in a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the person if the proceeding could have led to any of the outcomes specified in subparagraph (A), (B), or (C).

(2) Each Federal contract and grant awarded to the person that was terminated in such period due to default.

(3) Each Federal suspension and debarment of the person in that period.

(4) Each Federal administrative agreement entered into by the person and the Federal Government in that period to resolve a suspension or debarment proceeding.

(5) Each final finding by a Federal official in that period that the person has been determined not to be a responsible source under subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)).

(6) Such other information as shall be provided for purposes of this section in the Federal Acquisition Regulation.

(7) To the maximum extent practical, information similar to the information covered by paragraphs (1) through (4) in connection with the award or performance of a contract or grant with a State government.

(d) Requirements Relating to Information in Database-

(1) DIRECT INPUT AND UPDATE- The Administrator shall design and maintain the database in a manner that allows the appropriate Federal agency officials to directly input and update information in the database relating to actions such officials have taken with regard to contractors or grant recipients.

(2) TIMELINESS AND ACCURACY- The Administrator shall develop policies to require--

(A) the timely and accurate input of information into the database;

(B) the timely notification of any covered person when information relevant to the person is entered into the database; and

(C) opportunities for any covered person to submit comments pertaining to information about such person for inclusion in the database.

(e) Use of Database-

(1) AVAILABILITY TO GOVERNMENT OFFICIALS- The Administrator shall ensure that the information in the database is available to appropriate acquisition officials of Federal agencies, to such other government officials as the Administrator determines appropriate, and, upon request, to the Chairman and Ranking Member of the committees of Congress having jurisdiction.

(2) REVIEW AND ASSESSMENT OF DATA-

(A) IN GENERAL- Before awarding a contract or grant in excess of the simplified acquisition threshold under section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)), the Federal agency official responsible for awarding the contract or grant shall review the database and shall consider all information in the database with regard to any offer or proposal, and, in the case of a contract, shall consider other past performance information available with respect to the offeror in making any responsibility determination or past performance evaluation for such offeror.

(B) DOCUMENTATION IN CONTRACT FILE- The contract file for each contract of a Federal agency in excess of the simplified acquisition threshold shall document the manner in which the material in the database was considered in any responsibility determination or past performance evaluation.

(f) Disclosure in Applications- Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended to require that persons with Federal agency contracts and grants valued in total greater than $10,000,000 shall--

(1) submit to the Administrator, in a manner determined appropriate by the Administrator, the information subject to inclusion in the database as listed in subsection (c) current as of the date of submittal of such information under this subsection; and

(2) update such information on a semiannual basis.

(g) Rulemaking- The Administrator shall promulgate such regulations as may be necessary to carry out this section.

Database for suspension and debarment. Section 872 creates a database for companies that have been suspended or disbarred.

Senate Armed Services Report 110-335

Database for Department of Defense contracting officers and suspension and debarment officials (sec. 831)

The committee recommends a provision that would require the Under Secretary of Defense for Acquisition, Technology, and Logistics to establish and maintain a database of information regarding the integrity and contract performance of Department of Defense (DOD) contractors for use by DOD acquisition officials in making responsibility determinations, past performance evaluations, and other contract decisions.

Also see House Report 110-596 that accompanied the proposed Contractors and Federal Spending Accountability Act of 2008

Section 2: Database for contracting officers and suspension and debarment officials

This section requires the Director of OMB and Administrator of General Services to establish a database regarding integrity and performance of federal contractors and grant recipients.

Subsection (b) requires that the database include a description of civil, criminal, and administrative proceedings concluded by the federal and state governments against federal contractors or grant recipients; all terminations for default of federal contracts and grants; all federal suspensions and debarments; all federal administrative agreements to resolve a suspension or debarment proceeding and, to the maximum extent practicable, such agreements with states; and all final findings by a federal official that the person is not a responsible source as defined in federal procurement law. The database includes such information for the most recent five years.

Subsection (c) requires federal agency officials to directly input and update information in the database; requires procedures to ensure the accuracy and timeliness of the information; and permits contractors and grant recipients to append comments to information in the database.

Subsection (d) requires that the database be publicly available through the General Services Administration (GSA) website, with the exception of information that is exempt from public disclosure under the Freedom of Information Act.

 

 

 

 

 

 

 

 

 

 

 

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