S.Amdt. 5313

1. Rewrites section 831

   Replaces

   In S. 3001 · Placed on Calendar Senate

   SEC. 831. DATABASE FOR [struck: DEPARTMENT OF DEFENSE ][inserted: FEDERAL AGENCY ]CONTRACTING OFFICERS AND SUSPENSION AND DEBARMENT OFFICIALS.

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

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

   ([struck: b][inserted: 1]) [struck: Persons Covered.--The database shall cover any ][inserted: Any ]person awarded a [struck: Department of Defense ][inserted: Federal agency ]contract in excess of $500,000[inserted: ,] if any information described in subsection (c) exists with respect to such person.

   Inserted: (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 [inserted: covered ]person [struck: awarded a Department of Defense contract, ]the database shall include information (in the form of a brief description) for [struck: at least ]the most recent [struck: 5- year ][inserted: 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 with the Federal Government [struck: or, to the maximum extent practicable, a State 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 liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

   1 unchanged paragraphHide unchanged text

   (C) In an administrative proceeding, a finding of 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) In a [inserted: criminal, ]civil[inserted: ,] or administrative proceeding, a disposition of the matter by consent or compromise 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[struck: and, to the maximum extent practicable, each agreement involving a suspension or debarment proceeding entered into by the person and a State government in that period].

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

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

   Inserted: (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 with a State government.

   (d) Requirements Relating to Information in Database.--

   (1) Direct input and update.--The [struck: Under Secretary ][inserted: Administrator ]shall design and maintain the database in a manner that allows the appropriate [struck: officials of the Department of Defense ][inserted: Federal agency officials ]to directly input and update in the information in the database relating to actions such officials have taken with regard to contractors.

   (2) Timeliness and accuracy.--The [struck: Under Secretary ][inserted: Administrator ]shall develop policies to require--

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

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

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

   (e) Use of Database.--

   (1) Availability to government officials.--The [struck: Under Secretary ][inserted: Administrator ]shall ensure that the database is available to [struck: all][inserted: appropriate] acquisition [struck: professionals][inserted: officials] of [struck: the Department of Defense and ][inserted: Federal agencies, ]to [struck: Congress. This subsection does not limit the availability of the database to ][inserted: such ]other [struck: Department of Defense officials or to ]government officials [struck: outside][inserted: as] the [struck: Department of Defense that the Under Secretary determines warrant access][inserted: Administrator determines appropriate, and to Congress].

   (2) Review and assessment of data.--

   (A) In general.--Before awarding a contract in excess of $500,000, the [struck: Department of Defense ][inserted: Federal agency ]official responsible for awarding the contract shall review the database and shall consider information in the database with regard to any offer, along with other past performance information available with respect to that 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 [struck: the Department of Defense ][inserted: a Federal agency ]in excess of $500,000 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 [struck: 180 days][inserted: one year] after the date of the enactment of this Act, the [struck: Defense Supplement to the ]Federal Acquisition Regulation shall be amended to require that persons with [struck: Department of Defense ][inserted: Federal agency ]contracts valued in total greater than $10,000,000 [struck: must semiannually submit to the Under Secretary a report that includes the information subject to inclusion in the database as listed in paragraphs (1) through (5) of subsection (c).][inserted: shall--]

   Inserted: (1) submit to the Administrator a report that includes the information subject to inclusion in the database as listed in paragraphs (1) through (7) of subsection (c) current as of the date of submittal of such report under this subsection; and

   Inserted: (2) update such report on a semiannual basis.

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

   Original wording

   Strike section 831 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed