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agency contracts and grants for use by Federal agency officials having au-
thority 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 provide, if 
any information described in subsection (c) exists with respect to the 
person. 
(c) INFORMATION INCLUDED.—With respect to a covered person, the 
database shall include information (in the form of a brief description) for 
the most recent 5-year period regarding the following: 
(1) Each civil or criminal proceeding, or any administrative pro-
ceeding, 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 dis-
positions: 
(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, reimburse-
ment, restitution, or damages of $5,000 or more. 
(C) In an administrative proceeding, a finding of fault and li-
ability 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 dam-
ages in excess of $100,000. 
(D) To the maximum extent practicable and consistent with ap-
plicable 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). 
(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 per-
son and the Federal Government in the period to resolve a suspension 
or debarment proceeding. 
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(5) Each final finding by a Federal official in the period that the 
person has been determined not to be a responsible source under para-
graph (3) or (4) of section 113 of this title. 
(6) Other information that shall be provided for purposes of this sec-
tion 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. 
(d) REQUIREMENTS RELATING TO DATABASE INFORMATION.— 
(1) DIRECT INPUT AND UPDATE.—The Administrator of General 
Services shall design and maintain the database in a manner that al-
lows the appropriate Federal agency officials to directly input and up-
date information in the database relating to actions that the officials 
have taken with regard to contractors or grant recipients. 
(2) TIMELINESS
AND
ACCURACY.—The Administrator of General 
Services shall develop policies to require— 
(A) the timely and accurate input of information into the data-
base; 
(B) the timely notification of any covered person when informa-
tion 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. 
(e) USE OF DATABASE.— 
(1) AVAILABILITY TO GOVERNMENT OFFICIALS.—The Administrator 
of General Services shall ensure that the information in the database 
is available to appropriate acquisition officials of Federal agencies, 
other government officials as the Administrator of General Services de-
termines 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 contract or grant in ex-
cess of the simplified acquisition threshold under section 134 of 
this title, the Federal agency official responsible for awarding the 
contract or grant shall review the database and consider all infor-
mation in the database with regard to any offer or proposal, and 
in the case of a contract, shall consider other past performance 
information available with respect to the offeror in making any re-
sponsibility determination or past performance evaluation for the 
offeror. 
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(B) DOCUMENTATION IN CONTRACT FILE.—The contract file 
for each contract of a Federal agency in excess of the simplified 
acquisition threshold shall document the manner in which the ma-
terial in the database was considered in any responsibility deter-
mination or past performance evaluation. 
(f) DISCLOSURE IN APPLICATIONS.—The Federal Acquisition Regulation 
shall require that persons 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 de-
termined appropriate by the Administrator of General Services, the in-
formation 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) RULEMAKING.—The Administrator of General Services shall prescribe 
regulations that may be necessary to carry out this section. 
DIVISION C—PROCUREMENT 
CHAPTER 31—GENERAL 
Sec. 
3101.
Applicability. 
3102.
Delegation and assignment of powers, functions, and responsibilities. 
3103.
Acquisition programs. 
3104.
Small business concerns. 
3105.
New contracts and grants and merit-based selection procedures. 
3106.
Erection, repair, or furnishing of public buildings and improvements not authorized, 
and certain contracts not permitted, by this division. 
§ 3101. Applicability 
(a) IN GENERAL.—An executive agency shall make purchases and con-
tracts for property and services in accordance with this division and imple-
menting regulations of the Administrator of General Services. 
(b) SIMPLIFIED ACQUISITION THRESHOLD AND PROCEDURES.— 
(1) SIMPLIFIED ACQUISITION THRESHOLD.— 
(A) DEFINITION.—For purposes of an acquisition by an execu-
tive agency, the simplified acquisition threshold is as specified in 
section 134 of this title. 
(B) INAPPLICABLE LAWS.—A law properly listed in the Federal 
Acquisition Regulation pursuant to section 1905 of this title does 
not apply to or with respect to a contract or subcontract that is 
not greater than the simplified acquisition threshold. 
(2) SIMPLIFIED ACQUISITION PROCEDURES.—Simplified acquisition 
procedures contained in the Federal Acquisition Regulation pursuant to 
section 1901 of this title apply in executive agencies as provided in sec-
tion 1901. 
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(c) EXCEPTIONS.— 
(1) IN GENERAL.—This division does not apply— 
(A) to the Department of Defense, the Coast Guard, and the 
National Aeronautics and Space Administration; or 
(B) except as provided in paragraph (2), when this division is 
made inapplicable pursuant to law. 
(2) APPLICABILITY OF CERTAIN LAWS RELATED TO ADVERTISING, 
OPENING OF BIDS, AND LENGTH OF CONTRACT.—Sections 6101, 6103, 
and 6304 of this title do not apply to the procurement of property or 
services made by an executive agency pursuant to this division. How-
ever, when this division is made inapplicable by any law, sections 6101 
and 6103 of this title apply in the absence of authority conferred by 
statute to procure without advertising or without regard to section 
6101 of this title. A law that authorizes an executive agency (other 
than an executive agency exempted from this division by this sub-
section) to procure property or services without advertising or without 
regard to section 6101 of this title is deemed to authorize the procure-
ment pursuant to the provisions of this division relating to procedures 
other than sealed-bid procedures. 
§ 3102. Delegation and assignment of powers, functions, and 
responsibilities 
(a) IN GENERAL.—Except to the extent expressly prohibited by another 
law, the head of an executive agency may delegate to another officer or offi-
cial of that agency any power under this division. 
(b) PROCUREMENTS FOR OR WITH ANOTHER AGENCY.—Subject to sub-
section (a), to facilitate the procurement of property and services covered 
by this division by an executive agency for another executive agency, and 
to facilitate joint procurement by executive agencies— 
(1) the head of an executive agency may delegate functions and as-
sign responsibilities relating to procurement to any officer or employee 
within the agency; 
(2) the heads of 2 or more executive agencies, consistent with section 
1535 of title 31 and regulations prescribed under section 1074 of the 
Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 
31 U.S.C. 1535 note), may by agreement delegate procurement func-
tions and assign procurement responsibilities from one executive agency 
to another of those executive agencies or to an officer or civilian em-
ployee of another of those executive agencies; and 
(3) the heads of 2 or more executive agencies may establish joint or 
combined offices to exercise procurement functions and responsibilities. 
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