H.R. 5726 – Reading Mode

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

(a)

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:

(f)

Self-Reporting requirement

(1)

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.

(2)

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—

(A)

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

(B)

certifies that the contractor has cumulative active Federal contracts and grants with a total value of less than $10,000,000.

(b)

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:

(C)

Periodic inspection or review

The Inspector General of each Federal agency shall periodically—

(i)

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

(ii)

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.

(c)

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—

(1)

are identified as having received Federal contracts on USAspending.gov; or

(2)

were granted waivers from Federal agencies from suspension or debarment for purposes of entering into Federal contracts.

Consolidation of contracting information databases

(a)

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.

(b)

Included databases

The single network described in subsection (a) shall include information from all relevant contracting information databases, including—

(1)

the Excluded Parties List System (EPLS);

(2)

the Central Contractor Registry (CCR);

(3)

the Contractor Performance Assessment Reporting System (CPARS);

(4)

the Federal Assistance Award Data System (FAADS);

(5)

the Federal Awardee Performance and Integrity Information System (FAPIIS);

(6)

the Federal Business Opportunities Database (FBO);

(7)

the Federal Procurement Data System-Next Generation (FPDS–NG);

(8)

the Past Performance Information Retrieval System (PPIRS); and

(9)

USAspending.gov.

Unique identifying number

(a)

Study

The Inspector General of the General Services Administration shall conduct a study on the use of identifying numbers for Federal contractors to—

(1)

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;

(2)

assess the feasibility of developing and adopting a new unique Federal contractor identification system; and

(3)

determine whether such a system would more effectively track Federal contractors.

(b)

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—

(1)

in the matter preceding paragraph (1), by striking 5-year period and inserting 10-year period; and

(2)

in paragraph (1)—

(A)

in the matter preceding subparagraph (A), by striking with the Federal Government;

(B)

in subparagraph (C), by striking In an administrative proceeding, a finding of fault and liability and inserting An administrative proceeding; and

(C)

in subparagraph (D), by striking with an acknowledgment of fault by the person.