Page:United States Statutes at Large Volume 122.djvu/4579

 12 2 STA T .45 5 6PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8ofcertainp er s ons a w ar d ed F edera l a g enc y contracts and grants for u se b y Federal agency officials h a v ing authority over contracts and grants .( b )PERSON S C O V ERE D . —T he database shall cover the following

( 1 ) A ny person awarded a Federal agency contract or grant ine x cess of $50 0, 000, if any infor m ation described in subsection (c) exists with respect to such person. ( 2 ) Any person awarded such other category or categories of Federal agency contract as the Federal Ac q uisition R egula - tion may provide, if such information exists with respect to such person. (c) I N F OR MATI ON IN CLU DED.— W ith 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 fol- lowing: (1) E ach civil or criminal proceeding, or any administrative proceeding, in connection with the award or performance of a contract or grant with the Federal G overnment with respect to the person during the period to the extent that such pro- ceeding 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 ac k nowledgment 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 such period due to default. ( 3 ) Each Federal suspension and debarment of the person in that period. ( 4 ) Each Federal administrative agreement entered into by the person and the Federal Government in that period to resolve a suspension or debarment proceeding. (5) Each final finding by a Federal official in that period that the person has been determined not to be a responsible source under subparagraph (C) or (D) of section 4( 7 ) of the O ffice of Federal Procurement Policy Act (41 U . S .C. 403(7)). ( 6 ) Such other information as shall be provided for purposes of this section in the Federal Acquisition Regulation. (7) To the maximum extent practical, information similar to the information covered by paragraphs (1) through (4) in connection with the award or performance of a contract or grant with a State government. (d) RE Q UIREMENTS RELATIN G TO INFORMATION IN DATA B ASE.— (1) DIRECT IN P UT AND UPDATE.—The Administrator shall design and maintain the database in a manner that allows the appropriate Federal agency officials to directly input and

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