(a)
(b)
(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)
(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.
(8) Whether the person is included on any of the following lists maintained by the Office of Foreign Assets Control of the Department of the Treasury:
(A) The specially designated nationals and blocked persons list (commonly known as the "SDN list").
(B) The sectoral sanctions identification list.
(C) The foreign sanctions evaders list.
(D) The list of persons sanctioned under the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) that do not appear on the SDN list (commonly known as the "Non-SDN Iranian Sanctions Act list").
(E) The list of foreign financial institutions subject to part 561 of title 31, Code of Federal Regulations.
(d)
(1)
(2)
(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)
(e)
(1)
(2)
(A)
(B)
(f)
(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)
Amendments Not Shown in Text
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) of Pub. 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)."
Open Table
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2313 | 41:417b. | 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) of Pub. L. 112–239, which is classified to section 7104b(b) of Title 22, Foreign Relations and Intercourse.
Amendments
2014—Subsec. (c)(8). Pub. L. 113–291 added par. (8).
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.
Subsec. (d)(3). Pub. L. 112–239, §852, added par. (3).
Deadline for Establishing Database
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
Pub. L. 111–350, §6(f)(4), Jan. 4, 2011, 124 Stat. 3855, provided that: "The Federal Acquisition Regulation shall be amended to meet the requirements of sections 2313(f), 3302(b) and (d), 4710(b), and 4711(b) of title 41, United States Code, not later than one year after October 14, 2008."