41 U.S.C. § 1127 — Determining benchmark compensation

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) SENIOR EXECUTIVES.—The term ‘‘senior executives’’, with respect to a contractor, means the 5 most highly compensated employ- ees in management positions at each home of- fice and each segment of the contractor. (b) DETERMINING BENCHMARK COMPENSATION AMOUNT.—For purposes of section 4304(a)(16) of this title and section 3744(a)(16) of title 10, the Administrator shall review commercially avail- able 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 Con- tract Audit Agency and other officials of execu- tive agencies as the Administrator considers ap- propriate. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3689; Pub. L. 117–81, div. A, title XVII, § 1702(h)(1), Dec. 27, 2021, 135 Stat. 2158.) REPEAL OF SECTION Pub. L. 113–67, div. A, title VII, § 702(b)(1), (c), Dec. 26, 2013, 127 Stat. 1189, repealed this section applicable only with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after Dec. 26, 2013. Pub. L. 113–66, div. A, title VIII, § 811(c)(1), (d), Dec. 26, 2013, 127 Stat. 806, repealed this section applicable with respect to costs of com- pensation incurred under contracts entered into on or after the date that is 180 days after Dec. 26, 2013. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1127(a)(1) .... 41:435(b). Pub. L. 93–400, § 39, as added Pub. L. 105–85, title VIII, § 808(c)(1), Nov. 18, 1997, 111 Stat. 1837; Pub. L. 105–261, title VIII, § 804(c)(1), Oct. 17, 1998, 112 Stat. 2083. 1127(a)(2) .... 41:435(c)(3). 1127(a)(3) .... 41:435(c)(1). 1127(a)(4) .... 41:435(c)(5). 1127(a)(5) .... 41:435(c)(4). 1127(a)(6) .... 41:435(c)(2). 1127(b) ........ 41:435(a). Editorial Notes AMENDMENTS 2021—Subsec. (b). Pub. L. 117–81 substituted ‘‘section 3744(a)(16)’’ for ‘‘section 2324(e)(1)(P)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal by Pub. L. 113–67 applicable only with respect to costs of compensation incurred under contracts en- tered into on or after the date that is 180 days after Dec. 26, 2013, see section 702(c) of Pub. L. 113–67, set out as an Effective Date of 2013 Amendment note under sec- tion 4304 of this title. Repeal by Pub. L. 113–66 applicable with respect to costs of compensation incurred under contracts entered into on or after the date that is 180 days after Dec. 26, 2013, see section 811(d) of Pub. L. 113–66, set out as an Effective Date of 2013 Amendment note under section 4304 of this title. EXCLUSIVE APPLICABILITY OF PROVISIONS LIMITING AL- LOWABILITY OF COMPENSATION FOR CERTAIN CON- TRACTOR PERSONNEL Pub. L. 105–85, div. A, title VIII, § 808(f), Nov. 18, 1997, 111 Stat. 1838, provided that: ‘‘Notwithstanding any other provision of law, no other limitation in law on the allowability of costs of compensation of senior ex- ecutives under covered contracts shall apply to such costs of compensation incurred after January 1, 1998.’’ DEFINITIONS FOR PURPOSES OF SECTION 808 OF PUB. L. 105–85 Pub. L. 105–85, div. A, title VIII, § 808(g), Nov. 18, 1997, 111 Stat. 1838, as amended by Pub. L. 105–261, div. A, title VIII, § 804(c)(2), Oct. 17, 1998, 112 Stat. 2083, pro- vided that: ‘‘In this section [see Tables for classifica- tion]: ‘‘(1) The term ‘covered contract’ has the meaning given such term in section 2324(l) of title 10, United States Code [see 10 U.S.C. 3741], and section 306(l) of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 256(l)) [see 41 U.S.C. 4301]. ‘‘(2) The terms ‘compensation’ and ‘senior execu- tives’ have the meanings given such terms in section 2324(l) of title 10, United States Code [see 10 U.S.C. 3741 as to ‘‘compensation’’ and former 10 U.S.C. 2324(l)(5) as to ‘‘senior executives’’], and section 306(m) of the Federal Property and Administrative Services Act of 1949 [see 41 U.S.C. 4301].’’ Page 21 TITLE 41—PUBLIC CONTRACTS § 1201 § 1128. Maintaining necessary capability with re- spect to acquisition of architectural and en- gineering services The Administrator, in consultation with the Secretary of Defense, the Administrator of Gen- eral Services, and the Director of the Office of Personnel Management, shall develop and im- plement a plan to ensure that the Federal Gov- ernment maintains the necessary capability with respect to the acquisition of architectural and engineering services to— (1) ensure that Federal Government employ- ees have the expertise to determine agency re- quirements for those services; (2) establish priorities and programs, includ- ing acquisition plans; (3) establish professional standards; (4) develop scopes of work; and (5) award and administer contracts for those services. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1128 ............ 41:433 note. Pub. L. 108–136, title XIV, § 1414, Nov. 24, 2003, 117 Stat. 1666. § 1129. Center of excellence in contracting for services The Administrator shall maintain a center of excellence in contracting for services. The cen- ter shall assist the acquisition community by identifying, and serving as a clearinghouse for, best practices in contracting for services in the public and private sectors. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1129 ............ 41:405 note. Pub. L. 108–136, title XIV, § 1431(b), Nov. 24, 2003, 117 Stat. 1671. The words ‘‘Not later than 180 days after the date of the enactment of this Act’’ are omitted, and the word ‘‘maintain’’ is substituted for ‘‘establish’’, to eliminate obsolete words. § 1130. Effect of division on other law This division does not impair or affect the au- thorities or responsibilities relating to the pro- curement of real property conferred by division C of this subtitle and chapters 1 to 11 of title 40. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1130 ............ 41:405(h)(1). Pub. L. 93–400, § 6(h)(1), Aug. 30, 1974, 88 Stat. 797; Pub. L. 96–83, § 4, Oct. 10, 1979, 93 Stat. 649; Pub. L. 98–191, § 5, Dec. 1, 1983, 97 Stat. 1328; Pub. L. 104–106, title LVI, § 5607(d), Feb. 10, 1996, 110 Stat. 702. § 1131. Annual report The Administrator annually shall submit to Congress an assessment of the progress made in executive agencies in implementing the policy regarding major acquisitions that is stated in section 3103(a) of this title. The Administrator shall use data from existing management sys- tems in making the assessment. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3690.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1131 ............ 41:405(k). Pub. L. 93–400, § 6(k), as added Pub. L. 103–355, title V, § 5051(b), Oct. 13, 1994, 108 Stat. 3351; Pub. L. 105–85, title VIII, § 851(b), Nov. 18, 1997, 111 Stat. 1851. CHAPTER 12—FEDERAL ACQUISITION INSTITUTE Sec. 1201. Federal Acquisition Institute. § 1201. Federal Acquisition Institute (a) IN GENERAL.—There is established a Fed- eral Acquisition Institute (FAI) in order to— (1) foster and promote the development of a professional acquisition workforce Govern- ment-wide; (2) promote and coordinate Government- wide research and studies to improve the pro- curement process and the laws, policies, meth- ods, regulations, procedures, and forms relat- ing to acquisition by the executive agencies; (3) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees; (4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge; (5) coordinate and assist agencies in identi- fying and recruiting highly qualified can- didates for acquisition fields; (6) develop instructional materials for acqui- sition personnel in coordination with private and public acquisition colleges and training facilities; (7) evaluate the effectiveness of training and career development programs for acquisition personnel; (8) promote the establishment and utiliza- tion of academic programs by colleges and universities in acquisition fields; (9) facilitate, to the extent requested by agencies, interagency intern and training pro- grams; (10) collaborate with other civilian agency acquisition training programs to leverage training supporting all members of the civil- ian agency acquisition workforce; (11) assist civilian agencies with their acqui- sition and capital planning efforts; and (12) perform other career management or re- search functions as directed by the Adminis- trator.