,,ii  #aafth ,,congress  #ast ,session  
,s4 #bade  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #ag1     
#bjai ,ms4 ,ernst 7for herself1 ,mr4    
,braun1 and ,mr4 ,lankford7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on      
,homeland ,security and ,governmental   
,affairs  ,a ,,bill  ,to prohibit the   
payment of bonuses to contractors for   
unsatisfactory performance4  #a4 ,short 
title  ,this ,act may be cited as the   
,bogus ,bonus ,ban ,act of #bjai4  #b4  
,linking of award and incentive fees to 
contract outcomes  7a7 ,guidance ,not   
later than #ahj days after the date of  
the enactment of this ,act1 the         
,director of the ,office of ,management 
and ,budget1 in coordination with the   
heads of ,federal departments and       
agencies1 shall issue guidance1 with    
detailed implementation instructions    
7including definitions71 on the         
appropriate use of award and incentive  
fees in department or agency programs4  

7b7 ,elements ,the guidance under       
subsection 7a7 shall-- 7#a7 ensure that 
all new contracts using award fees link 
such fees to outcomes 7which shall be   
defined in terms of program cost1       
schedule1 and performance72  7#b7       
establish standards for identifying the 
appropriate level of officials          
authorized to approve the use of award  
and incentive fees in new contracts2    
7#c7 provide guidance on the            
circumstances in which contractor       
performance may be judged to be         
excellent or superior and the percentage
 of the available award fee which       
contractors should be paid for such     
performance2  7#d7 establish standards  
for determining the percentage of the   
available award fee1 if any1 which      
contractors should be paid for          
performance that is judged to be        
acceptable1 average1 expected1 good1 or 
satisfactory2  7#e7 ensure that no award
 fee may be paid for contractor         
performance that is judged to be below  

satisfactory performance or performance 
that does not meet the basic            
requirements of the contract2  7#f7     
provide specific direction on the       
circumstances1 if any1 in which it may  
be appropriate to roll over award fees  
that are not earned in one award fee    
period to a subsequent award fee period 
or periods2  7#g7 ensure that the       
,department or agency-- 7,a7 collects   
relevant data on award and incentive    
fees paid to contractors and provides   
for the inclusion of such information1  
including a listing of each award and   
incentive fee so paid1 on               
,u,s,aspending4gov1 the searchable      
website of government spending          
established pursuant to section #b7;b7  
of the ,federal ,funding ,accountability
 and ,transparency ,act of #bjjf        
7,public ,law #aji-bjf2 #ca ,u4,s4,c4   
#faja note72 and  7,b7 has mechanisms in
 place to evaluate such data on a       
regular basis2 and  7#h7 include        
performance measures to evaluate the    

effectiveness of award and incentive    
fees as a tool for improving contractor 
performance and achieving desired       
program outcomes4  7c7 ,return of       
unearned bonuses ,any funds intended to 
be awarded as incentive fees that are   
not paid due to the inability of a      
contractor to meet the criteria         
established by this section shall be    
returned to the ,treasury of the ,united
 ,states4  7d7 ,inclusion of award fee  
as award type filter on                 
,u,s,aspending4gov ,the ,secretary of   
the ,treasury shall include award fee as
 a filter on ,u,s,aspending4gov4