H. R. 1107—13 
(1) permit the Administrator to authorize procurement or 
supply support, either directly or indirectly, to a recipient of 
a Federal grant or assistance; or 
(2) authorize action by a recipient contrary to State and 
local law in the case of a program to provide a Federal grant 
or assistance to a State or political subdivision. 
§ 1126. Policy regarding consideration of contractor past 
performance 
(a) GUIDANCE.—The Administrator shall prescribe for executive 
agencies guidance regarding consideration of the past contract 
performance of offerors in awarding contracts. The guidance shall 
include— 
(1) standards for evaluating past performance with respect 
to cost (when appropriate), schedule, compliance with technical 
or functional specifications, and other relevant performance 
factors that facilitate consistent and fair evaluation by all 
executive agencies; 
(2) policies for the collection and maintenance of information 
on past contract performance that, to the maximum extent 
practicable, facilitate automated collection, maintenance, and 
dissemination of information and provide for ease of collection, 
maintenance, and dissemination of information by other 
methods, as necessary; 
(3) policies for ensuring that— 
(A) offerors are afforded an opportunity to submit rel-
evant information on past contract performance, including 
performance under contracts entered into by the executive 
agency concerned, other departments and agencies of the 
Federal Government, agencies of State and local govern-
ments, and commercial customers; and 
(B) the information submitted by offerors is considered; 
and 
(4) the period for which information on past performance 
of offerors may be maintained and considered. 
(b) INFORMATION NOT AVAILABLE.—If there is no information 
on past contract performance of an offeror or the information on 
past contract performance is not available, the offeror may not 
be evaluated favorably or unfavorably on the factor of past contract 
performance. 
§ 1127. Determining benchmark compensation amount 
(a) DEFINITIONS.—In this section: 
(1) BENCHMARK COMPENSATION AMOUNT.—The term ‘‘bench-
mark 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 cor-
poration’’, 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.
H. R. 1107—14 
(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 corpora-
tion— 
(A) organized under the laws of a State of the United 
States, the District of Columbia, Puerto Rico, or a posses-
sion 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 pur-
poses of section 4304(a)(16) of this title and section 2324(e)(1)(P) 
of title 10, 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. 
§ 1128. Maintaining necessary capability with respect to 
acquisition of architectural and engineering 
services 
The Administrator, in consultation with the Secretary of Defense, 
the Administrator of General Services, and the Director of the 
Office of Personnel Management, shall develop and implement a 
plan to ensure that the Federal Government maintains the nec-
essary capability with respect to the acquisition of architectural 
and engineering services to— 
(1) ensure that Federal Government employees have the 
expertise to determine agency requirements for those services; 
(2) establish priorities and programs, including acquisition 
plans; 
(3) establish professional standards; 
(4) develop scopes of work; and 
(5) award and administer contracts for those services. 
§ 1129. Center of excellence in contracting for services 
The Administrator shall maintain a center of excellence in con-
tracting for services. The center shall assist the acquisition commu-
nity by identifying, and serving as a clearinghouse for, best practices 
in contracting for services in the public and private sectors. 
§ 1130. Effect of division on other law 
This division does not impair or affect the authorities or respon-
sibilities relating to the procurement of real property conferred 
by division C of this subtitle and chapters 1 to 11 of title 40. 
§ 1131. Annual report 
The Administrator annually shall submit to Congress an assess-
ment 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 systems in making the assessment.