H. R. 1107—65 
(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). 
(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. 
(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 allows the appropriate Federal agency officials to directly 
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 Administrator of Gen-
eral Services shall develop policies to require— 
(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 data-
base; and 
(C) opportunities for any covered person to submit com-
ments pertaining to information about the person for inclu-
sion in the database. 
(e) USE OF DATABASE.— 
(1) AVAILABILITY TO GOVERNMENT OFFICIALS.—The Adminis-
trator 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 Adminis-
trator of General Services determines appropriate, and, on 
request, the Chairman and Ranking Member of the committees 
of Congress having jurisdiction. 
(2) REVIEW AND ASSESSMENT OF DATA.—
H. R. 1107—66 
(A) IN GENERAL.—Before awarding a contract or grant 
in excess of the simplified acquisition threshold under sec-
tion 134 of this title, the Federal agency official responsible 
for awarding the contract or grant shall review the data-
base and consider all information 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 responsibility 
determination or past performance evaluation for the 
offeror. 
(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 material in the database was consid-
ered in any responsibility determination or past perform-
ance evaluation. 
(f) DISCLOSURE IN APPLICATIONS.—The Federal Acquisition Regu-
lation 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 determined appropriate by the Administrator of Gen-
eral Services, the information subject to inclusion in the data-
base as listed in subsection (c) current as of the date of sub-
mittal 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 sec-
tion. 
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 au-
thorized, and certain contracts not permitted, by this division. 
§ 3101. Applicability 
(a) IN GENERAL.—An executive agency shall make purchases and 
contracts for property and services in accordance with this division 
and implementing regulations of the Administrator of General Serv-
ices. 
(b) SIMPLIFIED ACQUISITION THRESHOLD AND PROCEDURES.— 
(1) SIMPLIFIED ACQUISITION THRESHOLD.— 
(A) DEFINITION.—For purposes of an acquisition by an 
executive 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 acquisi-
tion procedures contained in the Federal Acquisition Regulation
H. R. 1107—67 
pursuant to section 1901 of this title apply in executive agencies 
as provided in section 1901. 
(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 divi-
sion 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. However, when this division is made inappli-
cable 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 procurement 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 official of that agency any power under this 
division. 
(b) PROCUREMENTS FOR
OR WITH ANOTHER AGENCY.—Subject 
to subsection (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 assign 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 agree-
ment delegate procurement functions and assign procurement 
responsibilities from one executive agency to another of those 
executive agencies or to an officer or civilian employee 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. 
§ 3103. Acquisition programs 
(a) CONGRESSIONAL POLICY.—It is the policy of Congress that 
the head of each executive agency should achieve, on average, 
90 percent of the cost, performance, and schedule goals established 
for major acquisition programs of the agency. 
(b) ESTABLISHMENT OF GOALS.—