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41 U.S.C. § 1127 — Determining benchmark compensation amount
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section:
(1) **Benchmark compensation amount.—** — The term “benchmark compensation amount”, for a fiscal year, is the median amount of the compensation provided for all senior executives of all benchmark corporations for the most recent year for which data is available at the time the determination under subsection (b) is made.
(2) **Benchmark corporation.—** — The term “benchmark corporation”, with respect to a fiscal year, means a publicly-owned United States corporation that has annual sales in excess of $50,000,000 for the fiscal year.
(3) **Compensation.—** — The term “compensation”, for a fiscal year, means the total amount of wages, salary, bonuses, and deferred compensation for the fiscal year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the fiscal year.
(4) **Fiscal year.—** — The term “fiscal year” means a fiscal year a contractor establishes for accounting purposes.
(5) **Publicly-owned united states corporation.—** — The term “publicly-owned United States corporation” means a corporation—
(A) organized under the laws of a State of the United States, the District of Columbia, Puerto Rico, or a possession of the United States; and
(B) whose voting stock is publicly traded.
(6) **Senior executives.—** — The term “senior executives”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
**(b) Determining Benchmark Compensation Amount.—** For purposes of [section 4304(a)(16) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4304/a/16&num=0&edition=prelim) and [section 3744(a)(16) of title 10](https://uscode.house.gov/view.
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Source location: Title 41, Chapter 11, § 1127; chapter-011-chapter-11.md
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**(a) Definitions.—** In this section:
(1) **Benchmark compensation amount.—** — The term “benchmark compensation amount”, for a fiscal year, is the median amount of the compensation provided for all senior executives of all benchmark corporations for the most recent year for which data is available at the time the determination under subsection (b) is made.
(2) **Benchmark corporation.—** — The term “benchmark corporation”, with respect to a fiscal year, means a publicly-owned United States corporation that has annual sales in excess of $50,000,000 for the fiscal year.
(3) **Compensation.—** — The term “compensation”, for a fiscal year, means the total amount of wages, salary, bonuses, and deferred compensation for the fiscal year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the fiscal year.
(4) **Fiscal year.—** — The term “fiscal year” means a fiscal year a contractor establishes for accounting purposes.
(5) **Publicly-owned united states corporation.—** — The term “publicly-owned United States corporation” means a corporation—
(A) organized under the laws of a State of the United States, the District of Columbia, Puerto Rico, or a possession of the United States; and
(B) whose voting stock is publicly traded.
(6) **Senior executives.—** — The term “senior executives”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
**(b) Determining Benchmark Compensation Amount.—** For purposes of [section 4304(a)(16) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4304/a/16&num=0&edition=prelim) and [section 3744(a)(16) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3744/a/16&num=0&edition=prelim), the Administrator shall review commercially available surveys of executive compensation and, on the basis of the results of the review, determine a benchmark compensation amount to apply for each fiscal year. In making determinations under this subsection, the Administrator shall consult with the Director of the Defense Contract Audit Agency and other officials of executive agencies as the Administrator considers appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Specific Costs.—** The following costs are not allowable under a covered contract:
(1) Costs of entertainment, including amusement, diversion, and social activities, and any costs directly associated with those costs (such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities).
(2) Costs incurred to influence (directly or indirectly) legislative action on any matter pending before Congress, a State legislature, or a legislative body of a political subdivision of a State.
(3) Costs incurred in defense of any civil or criminal fraud proceeding or similar proceeding (including filing of any false certification) brought by the Federal Government where the contractor is found liable or had pleaded nolo contendere to a charge of fraud or similar proceeding (including filing of a false certification).
(4) Payments of fines and penalties resulting from violations of, or failure to comply with, Federal, State, local, or foreign laws and regulations, except when incurred as a result of compliance with specific terms and conditions of the contract or specific written instructions from the contracting officer authorizing in advance those payments in accordance with applicable provisions of the Federal Acquisition Regulation.
(5) Costs of membership in any social, dining, or country club or organization.
(6) Costs of alcoholic beverages.
(7) Contributions or donations, regardless of the recipient.
(8) Costs of advertising designed to promote the contractor or its products.
(9) Costs of promotional items and memorabilia, including models, gifts, and souvenirs.
(10) Costs for travel by commercial aircraft that exceed the amount of the standard commercial fare.
(11) Costs incurred in making any payment (commonly known as a “golde
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4304
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Compensation.—** — The term “compensation”, for a fiscal year, means the total amount of wages, salary, bonuses, and deferred compensation for the fiscal year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the fiscal year.
(2) **Covered contract.—** — The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by an executive agency, except that the term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial products or commercial services.
(3) **Fiscal year.—** — The term “fiscal year” means a fiscal year established by a contractor for accounting purposes.
(4) **Senior executive.—** — The term “senior executive”, with respect to a contractor, means the 5 most highly compensated employees in management positions at each home office and each segment of the contractor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4301
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 99–145, title IX, § 911(a)(1), Nov. 8, 1985, 99 Stat. 682; amended Pub. L. 99–190, § 101(b) [title VIII, § 8112(a)], Dec. 19, 1985, 99 Stat. 1185, 1223; Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–180, div. A, title VIII, § 805(a), Dec. 4, 1987, 101 Stat. 1126; Pub. L. 100–370, § 1(f)(2)(A), (3)(A), July 19, 1988, 102 Stat. 846; Pub. L. 100–456, div. A, title III, § 322(a), title VIII, §§ 826(a), 832(a), Sept. 29, 1988, 102 Stat. 1952, 2022, 2023; Pub. L. 100–463, title VIII, § 8105(a), Oct. 1, 1988, 102 Stat. 2270–36; Pub. L. 100–526, title I, § 106(a)(2), Oct. 24, 1988, 102 Stat. 2625; Pub. L. 100–700, § 8(b), Nov. 19, 1988, 102 Stat. 4636; Pub. L. 101–189, div. A, title III, § 311(a)(1), title VIII, § 853(a)(1), (b)(3), Nov. 29, 1989, 103 Stat. 1411, 1518; Pub. L. 101–510, div. A, title XIII, § 1301(10), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 102–190, div. A, title III, § 346(a), Dec. 5, 1991, 105 Stat. 1346; Pub. L. 102–484, div. A, title VIII, § 818(a), title X, § 1052(26), title XIII, § 1352(b), Oct. 23, 1992, 106 Stat. 2457, 2500, 2559; Pub. L. 103–355, title II, § 2101(a)–(d), Oct. 13, 1994, 108 Stat. 3306–3308; Pub. L. 104–106, div. D, title XLIII, § 4321(a)(5), (b)(9), Feb. 10, 1996, 110 Stat. 671, 672; Pub. L. 105–85, div. A, title VIII, § 808(a), Nov. 18, 1997, 111 Stat. 1836; Pub. L. 105–261, div. A, title VIII, § 804(a), Oct. 17, 1998, 112 Stat. 2083; Pub. L. 111–350, § 5(b)(19), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 112–81, div. A, title VIII, § 803(a), (b), Dec. 31, 2011, 125 Stat. 1485; Pub. L. 112–239, div. A, title VIII, § 827(g), Jan. 2, 2013, 126 Stat. 1836; Pub. L. 113–66, div. A, title VIII, § 811(a), Dec. 26, 2013, 127 Stat. 806; Pub. L. 113–67, div. A, title VII, § 702(a)(2), De
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2324
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Compensation.—** — The term “compensation”, for a year, means the total amount of wages, salary, bonuses and deferred compensation for the year, whether paid, earned, or otherwise accruing, as recorded in an employer’s cost accounting records for the year.
(2) **Covered contract.—** — The term “covered contract” means a contract for an amount in excess of $500,000 that is entered into by the head of an agency, except that such term does not include a fixed-price contract without cost incentives or any firm fixed-price contract for the purchase of commercial products or commercial services.
(3) **Fiscal year.—** — The term “fiscal year” means a fiscal year established by a contractor for accounting purposes.
(4) **Head of the agency.—** — The term “head of the agency” or “agency head” does not include the Secretary of a military department.
(5) **Agency.—** — The term “agency” means the Department of Defense, the Coast Guard, and the National Aeronautics and Space Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3741
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Federal law — U.S. Code and appendices · legal_authorities
Page 20
TITLE 41—PUBLIC CONTRACTS
§ 1127
‘‘(A) Past contract performance of an offeror is one
of the relevant factors that a contracting official of
an executive agency should consider in awarding a
contract.
‘‘(B) It is appropriate for a contracting official to
consider past contract performance of an offeror as
an indicator of the likelihood that the offeror will
successfully perform a contract to be awarded by that
official.’’
§ 1127. Determining benchmark compensation
amount
(a) DEFINITIONS.—In this section:
(1) BENCHMARK COMPENSATION AMOUNT.—The
term ‘‘benchmark compensation amount’’, for
a fiscal year, is the median amount of the
compensation provided for all senior execu-
tives of all benchmark corporations for the
most recent year for which data is available at
the time the determination under subsection
(b) is made.
(2)
BENCHMARK
CORPORATION.—The
term
‘‘benchmark corporation’’, with respect to a
fiscal year, means a publicly-owned United
States corporation that has annual sales in ex-
cess of $50,000,000 for the fiscal year.
(3) COMPENSATION.—The term ‘‘compensa-
tion’’, for a fiscal year, means the total
amount of wages, salary, bonuses, and deferred
compensation for the fiscal year, whether
paid, earned, or otherwise accruing, as re-
corded in an employer’s cost accounting
records for the fiscal year.
(4) FISCAL
YEAR.—The term ‘‘fiscal year’’
means a fiscal year a contractor establishes
for accounting purposes.
(5) PUBLICLY-OWNED UNITED STATES CORPORA-
TION.—The
term
‘‘publicly-owned
United
States corporation’’ means a corporation—
(A) organized under the laws of a State of
the United States, the District of Columbia,
Puerto Rico, or a possession of the United
States; and
(B) whose voting stock is publicly traded.
(6) S
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1127
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