(ii) entered into using procedures 
other than competitive procedures when 
the goods or services are available from a 
limited number of responsible sources; and 
(iii) entered into using full and open 
competition. 
(c) AGENCY REPORTING REQUIREMENT.—The senior 
procurement officer for each executive agency shall, as di-
rected by the Director of the Office of Management and 
Budget, submit to the Director annual reports on the ac-
tions taken by the executive agency pursuant to the guide-
lines issued under subsection (a). 
SEC. 409. ENFORCEMENT THROUGH BID PROTEST. 
Any aggrieved party may protest a lack of compliance 
with sections 101, 102, 201, 202, or 602 of this Act or 
any amendments made by those sections, including an ar-
bitrary decision by the agency head. Nothing in the pre-
ceding sentence shall be interpreted to affect protest rights 
available to an aggrieved party under other provisions of 
law. 
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TITLE V—PREVENTING 
UNJUSTIFIED AWARD FEES 
SEC. 501. ENCOURAGING EXCELLENT CONTRACT PER-
FORMANCE. 
(a) LIMITATION.—For any cost-based contract en-
tered into by the Federal Government that includes an 
award or incentive fee— 
(1) the fee may be paid only for above-satisfac-
tory performance of the contract; and 
(2) at a minimum, the following factors shall be 
considered in making a determination regarding 
whether, and in what amount, the fee shall be paid 
to the contractor: 
(A) Whether the contractor met cost goals. 
(B) Whether the contractor met schedule 
goals. 
(C) Whether the contractor met perform-
ance goals and delivered the goods or services 
required to be provided under the contract. 
(b) DEFINITION.—In this section, the term ‘‘above- 
satisfactory performance’’ includes ratings of excellent, 
outstanding, and very good, as well as equivalent ratings, 
but excludes ratings of acceptable, average, expected, 
good, and satisfactory, as well as equivalent ratings. 
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TITLE VI—DETERRING 
CORRUPTION IN CONTRACTING 
SEC. 601. CLOSING THE REVOLVING DOOR. 
(a) ELIMINATION
OF LOOPHOLES THAT ALLOW 
FORMER FEDERAL OFFICIALS TO ACCEPT COMPENSA-
TION FROM CONTRACTORS OR RELATED ENTITIES.—Sec-
tion 27(d) of the Office of Federal Procurement Policy 
Act (41 U.S.C. 423(d)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘or consultant’’ and insert-
ing ‘‘consultant, lawyer, or lobbyist’’; 
(B) by striking ‘‘one year’’ and inserting 
‘‘two years’’; and 
(C) in subparagraph (C), by striking ‘‘per-
sonally made for the Federal agency—’’ and in-
serting ‘‘participated personally and substan-
tially in—’’; and 
(2) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) Paragraph (1) shall not prohibit a former 
official of a Federal agency from accepting com-
pensation from any division or affiliate of a con-
tractor that does not produce the same or similar 
products or services as the entity of the contractor 
that is responsible for the contract referred to in 
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