II 

111TH CONGRESS 

2D SESSION S. 3323 

To improve the management and oversight of Federal contracts, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 6, 2010 

Mr. FEINGOLD (for himself and Mr. COBURN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To improve the management and oversight of Federal 

contracts, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Contracting 

5 Oversight and Reform Act of 2010’’. 

6 SEC. 2. APPROPRIATE CONGRESSIONAL COMMITTEES DE7 FINED. 

8 In this Act, the term ‘‘appropriate congressional com9 mittees’’ means the Committee on Homeland Security and 

10 Governmental Affairs of the Senate and the Committee 


pwalker on DSK8KYBLC1PROD with BILLS
2 

•S 3323 IS

1 on Oversight and Government Reform of the House of 

2 Representatives. 

3 SEC. 3. CONGRESSIONAL OVERSIGHT. 

4 Section 872(e)(1) of the Clean Contracting Act of 

5 2008 (subtitle G of title VIII of Public Law 110–417; 41 

6 U.S.C. 417b(e)(1)) is amended by striking ‘‘to the Chair7 man and Ranking Member of the committees of Congress 

8 having jurisdiction’’ and inserting ‘‘to any Member of Con9 gress’’. 

10 SEC. 4. COMPLIANCE. 

11 (a) SELF-REPORTING REQUIREMENT.—Section 

12 872(f) of the Clean Contracting Act of 2008 (subtitle G 

13 of title VIII of Public Law 110–417; 41 U.S.C. 417b(f) 

14 is amended to read as follows: 

15 ‘‘(f) SELF-REPORTING REQUIREMENT.— 

16 ‘‘(1) CONTRACTS IN EXCESS OF SIMPLIFIED AC17 QUISITION THRESHOLD.—No funds appropriated or 

18 otherwise made available by any Act may be used for 

19 any Federal contract for the procurement of prop20 erty or services in excess of the simplified acquisition 

21 threshold unless the contractor has first made the 

22 certifications set forth in section 52.209–5 of the 

23 Federal Acquisition Regulation. 

24 ‘‘(2) CONTRACTS IN EXCESS OF $500,000.—No 

25 funds appropriated or otherwise made available by 


pwalker on DSK8KYBLC1PROD with BILLS
3 

•S 3323 IS

1 any Act may be used for any Federal contract for 

2 the procurement of property or services in excess of 

3 $500,000 unless the contractor— 

4 ‘‘(A) certifies that the contractor has sub5 mitted to the Administrator the information re6 quired under subsection (c) and that such infor7 mation is current as of the date of such certifi8 cation; or 

9 ‘‘(B) certifies that the contractor has cu10 mulative active Federal contracts and grants 

11 with a total value of less than $10,000,000.’’. 

12 (b) PERIODIC INSPECTION OR REVIEW OF CONTRACT

13 FILES.—Section 872(e)(2) of the Clean Contracting Act 

14 of 2008 (subtitle G of title VIII of Public Law 110–417; 

15 41 U.S.C. 417b(e)(2)) is amended by adding at the end 

16 the following new subparagraph: 

17 ‘‘(C) PERIODIC INSPECTION OR REVIEW.— 

18 The Inspector General of each Federal agency 

19 shall periodically— 

20 ‘‘(i) conduct an inspection or review of 

21 the contract files required under subpara22 graph (B) to determine if the agency is 

23 providing appropriate consideration of the 

24 information included in the database cre25 ated pursuant to subsection (c); and 


pwalker on DSK8KYBLC1PROD with BILLS
4 

•S 3323 IS

1 ‘‘(ii) submit a report containing the 

2 results of the inspection or review con3 ducted under clause (i) to the Committee 

4 on Homeland Security and Governmental 

5 Affairs of the Senate and the Committee 

6 on Oversight and Government Reform of 

7 the House of Representatives.’’. 

8 (c) ANNUAL REPORT.—The Comptroller General of 

9 the United States shall annually submit a report to the 

10 appropriate congressional committees describing the ex11 tent to which suspended or debarred contractors on the 

12 Excluded Parties List System— 

13 (1) are identified as having received Federal 

14 contracts on USAspending.gov; or 

15 (2) were granted waivers from Federal agencies 

16 from suspension or debarment for purposes of enter17 ing into Federal contracts. 

18 SEC. 5. CONSOLIDATION OF CONTRACTING INFORMATION 

19 DATABASES. 

20 (a) IN GENERAL.—Not later than one year after the 

21 date of the enactment of this Act, the Director of the Of22 fice of Management and Budget, in consultation with the 

23 Administrator of General Services, shall submit to the ap24 propriate congressional committees a plan for integrating 

25 and consolidating existing contracting information dataVerDate Mar 15 2010 02:35 May 07, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3323.IS S3323

pwalker on DSK8KYBLC1PROD with BILLS
5 

•S 3323 IS

1 bases, including the databases set forth in subsection (b), 

2 into a single searchable and linked network. 

3 (b) INCLUDED DATABASES.—The single network de4 scribed in subsection (a) shall include information from 

5 all relevant contracting information databases, includ6 ing— 

7 (1) the Excluded Parties List System (EPLS); 

8 (2) the Central Contractor Registry (CCR); 

9 (3) the Contractor Performance Assessment Re10 porting System (CPARS); 

11 (4) the Federal Assistance Award Data System 

12 (FAADS); 

13 (5) the Federal Awardee Performance and In14 tegrity Information System (FAPIIS); 

15 (6) the Federal Business Opportunities Data16 base (FBO); 

17 (7) the Federal Procurement Data System-Next 

18 Generation (FPDS–NG); 

19 (8) the Past Performance Information Retrieval 

20 System (PPIRS); and 

21 (9) USAspending.gov. 

22 SEC. 6. UNIQUE IDENTIFYING NUMBER. 

23 (a) STUDY.—The Inspector General of the General 

24 Services Administration shall conduct a study on the use 

25 of identifying numbers for Federal contractors to— 


pwalker on DSK8KYBLC1PROD with BILLS
6 

•S 3323 IS

1 (1) determine if the system of contractor identi2 fying numbers in use as of the date of the enactment 

3 of this Act is adequately tracking Federal contrac4 tors; 

5 (2) assess the feasibility of developing and 

6 adopting a new unique Federal contractor identifica7 tion system; and 

8 (3) determine whether such a system would 

9 more effectively track Federal contractors. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, the Inspector General shall 

12 submit to the appropriate congressional committees a re13 port on the study conducted under subsection (a). 

14 SEC. 7. DATABASE SCOPE. 

15 Section 872(c) of the Clean Contracting Act of 2008 

16 (subtitle G of title VIII of Public Law 110–417; 41 U.S.C. 

17 417(c)) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 striking ‘‘5-year period’’ and inserting ‘‘10-year pe20 riod’’; and 

21 (2) in paragraph (1)— 

22 (A) in the matter preceding subparagraph 

23 (A), by striking ‘‘with the Federal Govern24 ment’’; 


pwalker on DSK8KYBLC1PROD with BILLS
7 

•S 3323 IS

1 (B) in subparagraph (C), by striking ‘‘In 

2 an administrative proceeding, a finding of fault 

3 and liability’’ and inserting ‘‘An administrative 

4 proceeding’’; and 

5 (C) in subparagraph (D), by striking ‘‘with 

6 an acknowledgment of fault by the person’’. 

Æ 


pwalker on DSK8KYBLC1PROD with BILLS