II 110th CONGRESS 2d Session S. 2904 IN THE SENATE OF THE UNITED STATES April 24, 2008 Mrs. McCaskill introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve Federal agency awards and oversight of contracts and assistance and to strengthen accountability of the Government-wide suspension and debarment system.

1.

Short title

This Act may be cited as the Contractors and Federal Spending Accountability Act of 2008.

2.

Database for contracting 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 and maintain a database of information regarding integrity and performance of persons awarded Federal contracts and grants for use by Federal officials having authority over contracts and grants. (b)

Persons covered

The database shall cover any person awarded a Federal contract or grant if any information described in subsection (c) exists with respect to such person. (c)

Information Included

With respect to a person awarded a Federal contract or grant, the database shall include information (in the form of a brief description) for at least the most recent 5-year period regarding the following: (1)Each civil or criminal proceeding, or any administrative proceeding, with respect to the person during the period to the extent that such proceeding results in the following dispositions and the payment of a monetary fine, penalty, reimbursement, restitution, damages, or settlement to a government of $5,000 or more, concluded by the Federal Government or any State government against the person: (A)In a criminal proceeding, a conviction. (B)In a civil or administrative proceeding, a finding of liability. (C)In a civil or administrative proceeding, a disposition of the matter by consent or compromise if the proceeding could have led to either of the outcomes specified in subparagraph (A) or (B). (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 signed with the person in that period if the proceeding concerned could have led to either of the outcomes specified in subparagraph (A) or (B) of paragraph (1). (5)Each final finding by a Federal official in that period that the person has been determined not to be a responsible source under either subparagraph (C) or (D) of section 4(7) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(7)). (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 officials of each Federal agency to directly input and update in the database information relating to actions it has 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)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 append comments to information about such person in the database. (e)

Availability

(1)

Availability to all federal agencies

The Administrator shall make the database available to all Federal agencies. (2)

Availability to the public

The Administrator shall make the database available to the public by posting the database on the General Services Administration website. (3)

Limitation

This subsection does not require the public availability of information that is exempt from public disclosure under section 552(b) of title 5, United States Code.

3.

Review of database

(a)

Requirement to review database

Prior to the award of a contract or grant, an official responsible for awarding a contract or grant shall review the database established under section 2. (b)

Requirement To document present responsibility

In the case of a prospective awardee of a contract or grant against which a judgment or conviction has been rendered more than once within any 3-year period for the same or similar offences, if each judgment or conviction is a cause for debarment, the official responsible for awarding the contract or grant shall document why the prospective awardee is considered presently responsible.

4.

Disclosure in applications

(a)

Requirement

Not later than 180 days after the date of the enactment of this Act, Federal regulations shall be amended to require that in applying for any Federal grant or submitting a proposal or bid for any Federal contract a person shall disclose in writing information described in section 2(c). (b)

Covered contracts and grants

This section shall apply only to contracts and grants in an amount greater than the simplified acquisition threshold, as defined in section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 401(11)).

5.

Role of interagency committee

(a)

Requirement

The Interagency Committee on Debarment and Suspension shall— (1)resolve issues regarding which of several Federal agencies is the lead agency having responsibility to initiate suspension or debarment proceedings; (2)coordinate actions among interested agencies with respect to such action; (3)encourage and assist Federal agencies in entering into cooperative efforts to pool resources and achieve operational efficiencies in the Governmentwide suspension and debarment system; (4)recommend to the Office of Management and Budget changes to Government suspension and debarment system and its rules, if such recommendations are approved by a majority of the Interagency Committee; (5)authorize the Office of Management and Budget to issue guidelines that implement those recommendations; (6)authorize the chair of the Committee to establish subcommittees as appropriate to best enable the Interagency Committee to carry out its functions; and (7)submit to the Congress an annual report on— (A)the progress and efforts to improve the suspension and debarment system; (B)member agencies’ active participation in the committee’s work; and (C)a summary of each agency’s activities and accomplishments in the Governmentwide debarment system. (b)

Definition

The term Interagency Committee on Debarment and Suspension means such committee constituted under sections 4 and 5 and of Executive Order 12549.

6.

Authorization of independent agencies

Any agency, commission, or organization of the Federal Government to which Executive Order 12549 does not apply is authorized to participate in the Governmentwide suspension and debarment system and may recognize the suspension or debarment issued by an executive branch agency in its own procurement or assistance activities.

7.

Authorization of appropriations

There are authorized to be appropriated to the Administrator of General Services such funds as may be necessary to establish the database described in section 2.

8.

Report to congress

(a)

Report required

Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to Congress a report. (b)

Contents of report

The report shall contain the following: (1)A list of all databases that include information about Federal contracting and Federal grants. (2)Recommendations for further legislation or administrative action that the Administrator considers appropriate to create a centralized, comprehensive Federal contracting and Federal grant database.