I
111th CONGRESS
2d Session
H. R. 5726
IN THE HOUSE OF REPRESENTATIVES
July 13, 2010
Mr. Quigley (for himself, Mr. Hinchey, Ms. Norton, Mr. Polis of Colorado, and Mr. Welch) introduced the following bill; which was referred to the Committee on Oversight and Government Reform
A BILL
To improve the management and oversight of Federal contracts, and for other purposes.
Short title
This Act may be cited as the
Federal Contracting Oversight and
Reform Act of 2010
.
Appropriate congressional committees defined
In this Act, the term appropriate congressional committees means the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
Congressional oversight
Section 872(e)(1) of
the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law
110–417; 41 U.S.C. 417b(e)(1)) is amended by striking to the Chairman
and Ranking Member of the committees of Congress having jurisdiction
and inserting to any Member of Congress
.
Compliance
Self-Reporting requirement
Section 872(f) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110–417; 41 U.S.C. 417b(f) is amended to read as follows:
Self-Reporting requirement
Contracts in excess of simplified acquisition threshold
No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of the simplified acquisition threshold unless the contractor has first made the certifications set forth in section 52.209–5 of the Federal Acquisition Regulation.
Contracts in excess of $500,000
No funds appropriated or otherwise made available by any Act may be used for any Federal contract for the procurement of property or services in excess of $500,000 unless the contractor—
certifies that the contractor has submitted to the Administrator the information required under subsection (c) and that such information is current as of the date of such certification; or
certifies that the contractor has cumulative active Federal contracts and grants with a total value of less than $10,000,000.
.
Periodic inspection or review of contract files
Section 872(e)(2) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110–417; 41 U.S.C. 417b(e)(2)) is amended by adding at the end the following new subparagraph:
Periodic inspection or review
The Inspector General of each Federal agency shall periodically—
conduct an inspection or review of the contract files required under subparagraph (B) to determine if the agency is providing appropriate consideration of the information included in the database created pursuant to subsection (c); and
submit a report containing the results of the inspection or review conducted under clause (i) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
.
Annual report
The Comptroller General of the United States shall annually submit a report to the appropriate congressional committees describing the extent to which suspended or debarred contractors on the Excluded Parties List System—
are identified as having received Federal contracts on USAspending.gov; or
were granted waivers from Federal agencies from suspension or debarment for purposes of entering into Federal contracts.
Consolidation of contracting information databases
In general
Not later than one year after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the appropriate congressional committees a plan for integrating and consolidating existing contracting information databases, including the databases set forth in subsection (b), into a single searchable and linked network.
Included databases
The single network described in subsection (a) shall include information from all relevant contracting information databases, including—
the Excluded Parties List System (EPLS);
the Central Contractor Registry (CCR);
the Contractor Performance Assessment Reporting System (CPARS);
the Federal Assistance Award Data System (FAADS);
the Federal Awardee Performance and Integrity Information System (FAPIIS);
the Federal Business Opportunities Database (FBO);
the Federal Procurement Data System-Next Generation (FPDS–NG);
the Past Performance Information Retrieval System (PPIRS); and
USAspending.gov.
Unique identifying number
Study
The Inspector General of the General Services Administration shall conduct a study on the use of identifying numbers for Federal contractors to—
determine if the system of contractor identifying numbers in use as of the date of the enactment of this Act is adequately tracking Federal contractors;
assess the feasibility of developing and adopting a new unique Federal contractor identification system; and
determine whether such a system would more effectively track Federal contractors.
Report
Not later than 180 days after the date of the enactment of this Act, the Inspector General shall submit to the appropriate congressional committees a report on the study conducted under subsection (a).
Database scope
Section 872(c) of the Clean Contracting Act of 2008 (subtitle G of title VIII of Public Law 110–417; 41 U.S.C. 417(c)) is amended—
in the matter
preceding paragraph (1), by striking 5-year period
and inserting
10-year period
; and
in paragraph (1)—
in the matter
preceding subparagraph (A), by striking with the Federal
Government
;
in subparagraph
(C), by striking In an administrative proceeding, a finding of fault and
liability
and inserting An administrative proceeding
;
and
in subparagraph
(D), by striking with an acknowledgment of fault by the
person
.