S.Amdt. 1078

SA 1078. Ms. ERNST submitted an amendment intended to be proposed to
amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055, making
appropriations for the Departments of Commerce and Justice, Science,
and Related Agencies for the fiscal year ending September 30, 2020, and
for other purposes; which was ordered to lie on the table; as follows:

In division B, insert after section 767 the following:
Sec. 768.  Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract, unless the Agency
determines that any such deviations are due to unforeseeable
events, government-driven scope changes, or are not
significant within the overall scope of the project and/or
program and unless such awards or incentive fees are
consistent with 16.401(e)(2) of the FAR.
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