(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 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 the person.
(2)Any person awarded such other category or categories of Federal agency contract as the Federal Acquisition Regulation may provide, if any information described in subsection (c) exists with respect to the 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 the 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).
(E)In an administrative proceeding—
(i)a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note; Public Law 111–84); or
(ii)a substantiated allegation, pursuant to section 1704(b) of the National Defense Authorization Act for Fiscal Year 2013, that the contractor, a subcontractor, or an agent of the contractor or subcontractor engaged in any of the activities described in section 106(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7104(g)).
(2)Each Federal contract and grant awarded to the person that was terminated in the period due to default.
(3)Each Federal suspension and debarment of the person.
(4)Each Federal administrative agreement entered into by the person and the Federal Government in the period to resolve a suspension or debarment proceeding.
(5)Each final finding by a Federal official in the period that the person has been determined not to be a responsible source under paragraph (3) or (4) of section
113 of this title.
(6)Other information that shall be provided for purposes of this section in the Federal Acquisition Regulation.
(7)To the maximum extent practicable, information similar to the information covered by paragraphs (1) to (4) in connection with the award or performance of a contract or grant with a State government.
(d) Requirements Relating to Database Information.—
(1) Direct input and update.— The Administrator of General Services 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 that the officials have taken with regard to contractors or grant recipients.
(2) Timeliness and accuracy.— The Administrator of General Services 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 the person for inclusion in the database.
(3) Information on corporations.— The information in the database on a person that is a corporation shall, to the extent practicable, include information on any parent, subsidiary, or successor entities to the corporation in a manner designed to give the acquisition officials using the database a comprehensive understanding of the performance and integrity of the corporation in carrying out Federal contracts and grants.
(e) Use of Database.—
(1) Availability to government officials.— The Administrator of General Services shall ensure that the information in the database is available to appropriate acquisition officials of Federal agencies, other government officials as the Administrator of General Services determines appropriate, and, on request, 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
134 of this title, the Federal agency official responsible for awarding the contract or grant shall review the database and 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 the 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.— The Federal Acquisition Regulation shall require that persons with Federal agency contracts and grants valued in total greater than $10,000,000 shall—
(1)submit to the Administrator of General Services, in a manner determined appropriate by the Administrator of General Services, the information subject to inclusion in the database as listed in subsection (c) current as of the date of submittal of the information under this subsection; and
(2)update the information submitted under paragraph (1) on a semiannual basis.
(g) Rulemaking.— The Administrator of General Services shall prescribe regulations that may be necessary to carry out this section.
This section was derived from section 417b of former Title 41, Public Contracts, which was amended by Pub. L. 111–212, title III, § 3010,July 29, 2010, 124 Stat. 2340, and Pub. L. 111–383, div. A, title VIII, § 834(d),Jan. 7, 2011, 124 Stat. 4279, prior to being repealed and reenacted as this section by Pub. L. 111–350, §§ 3,
7(b),Jan. 4, 2011, 124 Stat. 3677, 3855. For applicability of those amendments to this section, see section 6(a) ofPub. L. 111–350, set out as a Transitional and Savings Provisions note preceding section
101 of this title. Section 417b of former Title 41 was amended by adding at the end of subsec. (e)(1) the following: “In addition, the Administrator shall post all such information, excluding past performance reviews, on a publicly available Internet website.” and by adding at the end of subsec. (c)(1) the following new subparagraph:
“(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note).”
Historical and Revision Notes
Source (U.S. Code)
Source (Statutes at Large)
Pub. L. 110–417, [div. A], title VIII, § 872, Oct. 14, 2008, 122 Stat. 4555.
In subsection (a), the words “not later than one year after the date of the enactment of this Act” are omitted because of section 6(f) of the bill.
In subsection (c)(7), the word “practicable” is substituted for “practical” to correct an error in the law.
In subsection (f), the words “Not later than one year after the date of the enactment of this Act” are omitted because of section 6(f) of the bill. The words “shall require” are substituted for “shall be amended to require” to reflect the permanence of the provision.
In subsection (f)(2), the words “the information submitted under paragraph (1)” are substituted for “such information” for clarity.
References in Text
Section 1704(b) of the National Defense Authorization Act for Fiscal Year 2013, referred to in subsec. (c)(1)(E)(ii), is section 1704(b) ofPub. L. 112–239, which is classified to section
7104b(b) of Title
22, Foreign Relations and Intercourse.
2013—Subsec. (c)(1)(E). Pub. L. 112–239, § 1704(d)(2), amended subpar. (E) generally. Prior to amendment, subpar. (E), as added by Pub. L. 111–383, § 834(d), read as follows: “(E) In an administrative proceeding, a final determination of contractor fault by the Secretary of Defense pursuant to section 823(d) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2302 note).” See Amendments Not Shown in Text note above.
Pub. L. 111–350, § 6(f)(3),Jan. 4, 2011, 124 Stat. 3855, provided that: “The requirement in section
2313(a) of title
41, United States Code, to establish a database shall be done not later than one year after October 14, 2008.”
Deadline for Amending Federal Acquisition Regulation
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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