Transparency in Government Act 2008

TITLE V - Transparency in Federal Contracting

Summary:

Directs the Administrator of General Services to establish and maintain on a General Services Administration (GSA) Web site a database of information regarding integrity and performance of federal contracts.

Requires the database to include information regarding: (1) civil, criminal, and administrative proceedings brought by the Federal Government and State governments against contractors or assistance recipients; and (2) Federal suspensions and debarments of such recipients.

Requires the creation of a public database of lobbying contacts by Federal contractors.

Ensures that regularly employed staff as well as outside lobbyists report lobby contacts.

Expands the description of lobbying contacts for Federal contracts to include the names of the executive branch officials or Members of Congress (or the Member's name when the contact is with congressional staff).


Additional Information:

This title refers to Federal contracting restrictions, from 31 USC 1352.

  1. Sec. 501. Creation of a public database for performance of contractors and suspension and debarment actions. (2 Comments)

    1. In General- The Administrator of General Services shall establish and maintain a searchable, sortable, downloadable public database of information regarding integrity and performance of Federal contracts and assistance recipients for use by Federal contracting officers, Federal officials having authority to suspend or debar persons from Federal contracts or assistance, and Federal officials having authority over grant assistance.

    2. Information Included- The database--

      1. shall consist of information regarding civil, criminal, and administrative proceedings initiated or concluded by the Federal Government and State governments against Federal contractors or assistance recipients; and

      2. shall include with respect to each person awarded a Federal contract or assistance--

        1. information regarding all proceedings referred to in paragraph (1) against that person in at least the most recent five-year period;

        2. with respect to each proceeding--

          1. a brief description of the proceeding; and

          2. any amount paid by the person to the Federal Government or a State government;

        3. all Federal contracts and assistance awarded to the person that were terminated in such period due to default;

        4. all Federal suspensions and debarments of the person in that period;

        5. all Federal suspension and debarment show cause orders received by the person in that period; and

        6. all administrative agreements signed with such person in that period.

    3. Input of Data- The Administrator shall design and maintain the database in a manner that allows the appropriate officials of each Federal agency to directly input and update in the database information relating to actions it has taken with regard to contractors or assistance recipients.

    4. Availability- The Administrator shall make the database available to all Federal agencies and to the public by posting the database on the General Services Administration Web site.

  2. Sec. 502. Increased disclosure of lobbying contacts by Federal contractors

    1. In General- 31 USC 1352 is amended as follows:

      1. Any declaration to be filed under this Section shall be filed, in electronic form accessible by computers, with the Secretary of the Senate and the Clerk of the House and made publicly available within 48 hours of filing;

      2. The Secretary of the Senate and the Clerk of the House shall make the information available to the public at no charge in a searchable, sortable, downloadable database;

    2. 31 USC 1352(d)(2)(A) shall be deleted.

    3. 31 USC 1352(b)(2) is amended to provide that declarations required to be filed shall include the name of all persons who have made lobbying contacts, including regularly employed officers or employees of a person requesting or receiving a Federal contract, grant, loan or cooperative agreement.

    4. 31 USC 1352 is further amended by inserting the following:

      ` for each specific request for a Federal contract, grant, loan or cooperative agreement, a list identifying each covered executive branch official and each Member of Congress with whom a lobbyist (including staff of the requesting organization) employed by the registrant engaged in a lobbying contact with respect to that request'.

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