S.Amdt. 5345
What it does: Adds SEC. 834. AWARD FEES at the end of subtitle D of title VIII
Sen. Hillary Rodham Clinton (D-NY)What it changes
1 change to S. 3001 · shown in the bill's text
Adds SEC. 834. AWARD FEES at the end of subtitle D of title VIII
Adds a sectionIn S. 3001 · Placed on Calendar Senate
(c) Contractor Defined.--In this section, the term "contractor" has the meaning given that term in section 2409(e)(4) of title 10, United States Code.
Inserted: SEC. 834. AWARD FEES.
Inserted: (a) Linkage of Award Fees to Successful Acquisition Outcomes.--Every contract entered into by an executive agency that provides for award fees shall link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance).
Inserted: (b) Prohibition on Award of Unwarranted Award Fees.--The head of an executive agency may not--
Inserted: (1) award a bonus or other incentive payment to a contractor for work the contractor did not perform or with respect to which the contractor received a poor performance rating; or
Inserted: (2) provide to a contractor award fees unless the contractor, to the extent reasonably within the control of the contractor, achieved the successful acquisition outcome to which such fees were linked under the contract.
Original wording
At the end of subtitle D of title VIII, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5345. Mrs. CLINTON submitted an amendment intended to be proposed by her to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title VIII, add the following:
SEC. 834. AWARD FEES.
(a) Linkage of Award Fees to Successful Acquisition Outcomes.--Every contract entered into by an executive agency that provides for award fees shall link such fees to successful acquisition outcomes (which outcomes shall be specified in terms of cost, schedule, and performance).
(b) Prohibition on Award of Unwarranted Award Fees.--The head of an executive agency may not--
(1) award a bonus or other incentive payment to a contractor for work the contractor did not perform or with respect to which the contractor received a poor performance rating; or
(2) provide to a contractor award fees unless the contractor, to the extent reasonably within the control of the contractor, achieved the successful acquisition outcome to which such fees were linked under the contract.
Legislative Activity
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Senate amendment submitted
September 10, 2008