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Title 41 — Public Contracts — § 2313. Database for Federal agency contract and grant officers

Summary

Section 2313 of Title 41 (41 U.S.C. § 2313) directs the Administrator of General Services to establish and maintain a database on the integrity and performance of persons awarded Federal agency contracts and grants. The database covers any person awarded a contract or grant in excess of $500,000 and holds information for the most recent 5-year period, including criminal convictions, civil or administrative findings with fines or penalties of $5,000 or more, terminations for default, suspensions and debarments, and listings on Office of Foreign Assets Control sanctions lists. Before awarding a contract or grant above the simplified acquisition threshold, the responsible official must review the database. Persons with Federal agency contracts and grants valued in total greater than $10,000,000 must submit this information and update it on a semiannual basis. Statutory notes follow.

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§ 2313   TITLE 41—PUBLIC CONTRACTS   Page 78

      Statutory Notes and Related Subsidiaries
                  CHANGE OF NAME
  Committee on Oversight and Government Reform of
House of Representatives changed to Committee on
Oversight and Reform of House of Representatives by
House Resolution No. 6, One Hundred Sixteenth Con-
gress, Jan. 9, 2019. Committee on Oversight and Reform
of House of Representatives changed to Committee on
Oversight and Accountability of House of Representa-
tives by House Resolution No. 5, One Hundred Eight-
eenth Congress, Jan. 9, 2023.

§ 2313. Database for Federal agency contract and
    grant officers and suspension and debarment
    officials
  (a) IN GENERAL.—Subject to the authority, di-
rection, 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 the integ-
rity and performance of certain persons awarded
Federal agency contracts and grants for use by
Federal agency officials having authority over
contracts and grants.
  (b) PERSONS COVERED.—The database shall
cover the following:
    (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 pro-
  vide, if any information described in sub-
  section (c) exists with respect to the person.
  (c) INFORMATION INCLUDED.—With respect to a
covered person, the database shall include infor-
mation (in the form of a brief description) for
the most recent 5-year period regarding the fol-
lowing:
    (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 re-
  spect to the person during the period to the
  extent that the proceeding results in the fol-
  lowing 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 reg-
    ulations, in a criminal, civil, or administra-
    tive proceeding, a disposition of the matter
    by consent or compromise with an acknowl-
    edgment of fault by the person if the pro-
    ceeding could have led to any of the out-
    comes 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 pe-
 riod 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 suspen-
 sion or debarment proceeding.
   (5) Each final finding by a Federal official in
 the period that the person has been deter-
 mined 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 Ac-
 quisition Regulation.
   (7) To the maximum extent practicable, in-
 formation 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 ap-
   pear on the SDN list (commonly known as
   the ‘‘Non-SDN Iranian Sanctions Act list’’).
     (E) The list of foreign financial institu-
   tions subject to part 561 of title 31, Code of
   Federal Regulations.
  (d) REQUIREMENTS RELATING TO DATABASE IN-
FORMATION.—
    (1) DIRECT INPUT AND UPDATE.—The Adminis-
 trator of General Services shall design and
 maintain the database in a manner that allows
 the appropriate Federal agency officials to di-
 rectly input and update information in the
 database relating to actions that the officials
 have taken with regard to contractors or
 grant recipients.
   (2) TIMELINESS AND ACCURACY.—The Adminis-
 trator of General Services shall develop poli-
 cies to require—
     (A) the timely and accurate input of infor-
   mation into the database;
     (B) the timely notification of any covered
   person when information relevant to the
   person is entered into the database; and
Page 79   TITLE 41—PUBLIC CONTRACTS   § 2313

     (C) opportunities for any covered person to
   submit comments pertaining to information
   about the person for inclusion in the data-
   base.
   (3) INFORMATION ON CORPORATIONS.—The in-
 formation in the database on a person that is
 a corporation shall, to the extent practicable,
 include information on any parent, subsidiary,
 or successor entities to the corporation, and
 an identification of any beneficial owner of
 such corporation, in a manner designed to give
 the acquisition officials using the database a
 comprehensive understanding of the perform-
 ance and integrity of the corporation in car-
 rying out Federal contracts and grants.
   (4) DEFINITIONS.—In this subsection:
      (A) BENEFICIAL OWNERSHIP.—The term
   ‘‘beneficial ownership’’ has the meaning
   given under section 847 of the National De-
   fense Authorization Act for Fiscal Year 2020
   (Public Law 116–92; 133 Stat. 1505; 10 U.S.C.
   2509 note).
      (B) CORPORATION.—The term ‘‘corpora-
   tion’’ means any corporation, company, lim-
   ited liability company, limited partnership,
   business trust, business association, or other
   similar entity.
 (e) USE OF DATABASE.—
   (1) AVAILABILITY TO GOVERNMENT OFFI-
 CIALS.—The Administrator of General Services
 shall ensure that the information in the data-
 base is available to appropriate acquisition of-
 ficials of Federal agencies, other government
 officials as the Administrator of General Serv-
 ices determines appropriate, and, on request,
 the Chairman and Ranking Member of the
 committees of Congress having jurisdiction.
   (2) REVIEW AND ASSESSMENT OF DATA.—
     (A) IN GENERAL.—Before awarding a con-
   tract or grant in excess of the simplified ac-
   quisition threshold under section 134 of this
   title, the Federal agency official responsible
   for awarding the contract or grant shall re-
   view the database and consider all informa-
   tion in the database with regard to any offer
   or proposal, and in the case of a contract,
   shall consider other past performance infor-
   mation available with respect to the offeror
   in making any responsibility determination
   or past performance evaluation for the offer-
   or.
     (B) DOCUMENTATION IN CONTRACT FILE.—
   The contract file for each contract of a Fed-
   eral agency in excess of the simplified acqui-
   sition threshold shall document the manner
   in which the material in the database was
   considered in any responsibility determina-
   tion or past performance evaluation.
  (f) DISCLOSURE IN APPLICATIONS.—The Federal
Acquisition Regulation shall require that per-
sons with Federal agency contracts and grants
valued in total greater than $10,000,000 shall—
     (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 data-
  base 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) RULEMAKING.—The Administrator of Gen-
eral Services shall prescribe regulations that
may be necessary to carry out this section.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3740;
Pub. L. 111–212, title III, § 3010, July 29, 2010, 124
Stat. 2340; Pub. L. 111–383, div. A, title VIII,
§ 834(d), Jan. 7, 2011, 124 Stat. 4279; Pub. L.
112–239, div. A, title VIII, § 852, title XVII,
§ 1704(d)(2), Jan. 2, 2013, 126 Stat. 1856, 2096; Pub.
L. 113–291, div. A, title XII, § 1270, Dec. 19, 2014,
128 Stat. 3587; Pub. L. 116–283, div. A, title VIII,
§ 885, Jan. 1, 2021, 134 Stat. 3791.)
          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 reen-
   acted as this section by Pub. L. 111–350, §§ 3,
   7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For appli-
   cability of those amendments to this section, see
   section 6(a) of Pub. L. 111–350, set out as a
   Transitional and Savings Provisions note pre-
   ceding 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 informa-
   tion, 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 Sec-
     retary of Defense pursuant to section 823(d) of
     the National Defense Authorization Act for Fis-
     cal Year 2010 (10 U.S.C. 2302 note).’’
                    HISTORICAL AND REVISION NOTES

   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 omit-
ted because of section 6(f) of the bill.
  In subsection (c)(7), the word ‘‘practicable’’ is sub-
stituted 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 omit-
ted because of section 6(f) of the bill. The words ‘‘shall
require’’ are substituted for ‘‘shall be amended to re-
quire’’ to reflect the permanence of the provision.
  In subsection (f)(2), the words ‘‘the information sub-
mitted under paragraph (1)’’ are substituted for ‘‘such
information’’ for clarity.

                               Editorial Notes
                          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 Re-
lations and Intercourse.
                                AMENDMENTS
   2021—Subsec. (d)(3). Pub. L. 116–283, § 885(1), inserted
‘‘, and an identification of any beneficial owner of such
corporation,’’ after ‘‘to the corporation’’.
   Subsec. (d)(4). Pub. L. 116–283, § 885(2), added par. (4).
§ 2313   TITLE 41—PUBLIC CONTRACTS   Page 80

  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 De-
fense 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).

         Statutory Notes and Related Subsidiaries
          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 Octo-
ber 14, 2008.’’

           DIVISION C—PROCUREMENT
                       DEFINITIONS
  For additional definitions of terms used in this divi-
sion, with certain exceptions, see section 102 of Title 40,
Public Buildings, Property, and Works.

               CHAPTER 31—GENERAL
Sec.
3101.      Applicability.
3102.      Delegation and assignment of powers, func-
            tions, and responsibilities.
3103.      Acquisition programs.
3104.      Small business concerns.
3105.      New contracts and grants and merit-based se-
            lection procedures.
3106.      Erection, repair, or furnishing of public build-
            ings and improvements not authorized, and
            certain contracts not permitted, by this di-
            vision.

         Statutory Notes and Related Subsidiaries
COST-EFFECTIVENESS ANALYSIS OF EQUIPMENT RENTAL
  Pub. L. 115–254, div. B, title V, § 555, Oct. 5, 2018, 132
Stat. 3381, as amended by Pub. L. 117–81, div. A, title
XVII, § 1702(i)(1), Dec. 27, 2021, 135 Stat. 2159, provided
that:
  ‘‘(a) AGENCY ANALYSIS OF EQUIPMENT ACQUISITION.—
     ‘‘(1) IN GENERAL.—Except as provided for under sub-
  section (d), the head of each executive agency shall
  acquire equipment using the method of acquisition
  most advantageous to the Federal Government based
  on a case-by-case analysis of comparative costs and
  other factors, including those factors listed in section
  7.401 of the Federal Acquisition Regulation.
     ‘‘(2) METHODS OF ACQUISITION.—The methods of ac-
  quisition to be compared in the analysis under para-
  graph (1) shall include, at a minimum, purchase,
  short-term rental or lease, long-term rental or lease,
  interagency acquisition, and acquisition agreements
  with a State or a local government as described in
  subsection (c).
     ‘‘(3) AMENDMENT OF FEDERAL ACQUISITION REGULA-
  TION.—Not later than 180 days after the date of the
  enactment of this Act [Oct. 5, 2018], the Federal Ac-
  quisition Regulatory Council shall amend the Federal

  Acquisition Regulation to implement the require-
  ment of this subsection, including a determination of
  the factors for executive agencies to consider for pur-
  poses of performing the analysis under paragraph (1).
     ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this sub-
  section shall be construed to affect the requirements
  of chapter 37 of title 41, United States Code, sections
  3206 through 3208 and sections 3301 through 3309 of
  title 10, United States Code, or section 1535 of title 31,
  United States Code.
  ‘‘(b) DATE OF IMPLEMENTATION.—The analysis de-
scribed in subsection (a) shall be applied to contracts
for the acquisition of equipment entered into on or
after the date that the Federal Acquisition Regulation
is amended pursuant to paragraph (3) of such sub-
section.
  ‘‘(c) ACQUISITION AGREEMENTS WITH STATES OR LOCAL
GOVERNMENTS.—
     ‘‘(1) IN GENERAL.—Notwithstanding any other provi-
  sion of law, including chapter 37 of title 41, United
  States Code, the Small Business Act (15 U.S.C. 631 et
  seq.), and sections 3206 through 3208 and sections 3301
  through 3309 of title 10, United States Code, the head
  of an executive agency may enter into an acquisition
  agreement authorized by this section directly with a
  State or a local government if the agency head deter-
  mines that the agreement otherwise satisfies the re-
  quirements of subsection (a)(1).
     ‘‘(2) TERMS AND CONDITIONS.—Any agreement under
  paragraph (1) shall contain such terms and conditions
  as the head of the agency deems necessary or appro-
  priate to protect the interests of the United States.
  ‘‘(d) EXCEPTIONS.—The analysis otherwise required
under subsection (a) is not required—
     ‘‘(1) when the President has issued an emergency
  declaration or a major disaster declaration pursuant
  to the Robert T. Stafford Disaster Relief and Emer-
  gency Assistance Act (42 U.S.C. 5121 et seq.);
     ‘‘(2) in other emergency situations if the agency
  head makes a determination that obtaining such
  equipment is necessary in order to protect human life
  or property; or
     ‘‘(3) when otherwise authorized by law.
  ‘‘(e) STUDY OF AGENCY ANALYSES.—Not later than 2
years after the date of the enactment of this Act, the
Comptroller General of the United States shall submit
to the Committee on Oversight and Government Re-
form [now Committee on Oversight and Account-
ability] of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Af-
fairs of the Senate a comprehensive report on the deci-
sions made by the executive agencies with the highest
levels of acquisition spending, and a sample of execu-
tive agencies with lower levels of acquisition spending,
to acquire high-value equipment by lease, rental, or
purchase pursuant to subpart 7.4 of the Federal Acqui-
sition Regulation.
  ‘‘(f) DEFINITIONS.—In this section:
     ‘‘(1) EXECUTIVE AGENCY.—The term ‘executive agen-
  cy’ has the meaning given that term in section 102 of
  title 40, United States Code.
     ‘‘(2) INTERAGENCY ACQUISITION.—The term ‘inter-
  agency acquisition’ has the meaning given that term
  in section 2.101 of the Federal Acquisition Regula-
  tion.
     ‘‘(3) STATE.—The term ‘State’ has the meaning
  given the term in section 6501 of title 31, United
  States Code.
     ‘‘(4) LOCAL GOVERNMENT.—The term ‘local govern-
  ment’ means any unit of local government within a
  State, including a county, municipality, city, bor-
  ough, town, township, parish, local public authority,
  school district, special district, intrastate district,
  council of governments, or regional or interstate gov-
  ernment entity, and any agency or instrumentality
  of a local government.’’
 UNIFORM CONTRACT WRITING SYSTEM REQUIREMENTS
  Pub. L. 112–239, div. A, title VIII, § 862, Jan. 2, 2013, 126
Stat. 1859, provided that:


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