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