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(1) IN
GENERAL.—The Fund shall consist of
amounts as follows:
(A) Amounts credited to the Fund under
paragraph (2).
(B) Any other amounts appropriated to,
credited to, or deposited into the Fund by law.
(2) CREDITS TO THE FUND.—(A) There shall be
credited to the Fund an amount equal to the applica-
ble percentage for a fiscal year of all amounts ex-
pended by the Department of Defense in such fiscal
year for contract services, other than services relating
to research and development and services relating to
military construction.
(B) Not later than 30 days after the end of the
first fiscal year quarter of fiscal year 2008, and 30
days after the end of each fiscal year quarter there-
after, the head of each military department and De-
fense Agency shall remit to the Secretary of Defense
an amount equal to the applicable percentage for such
fiscal year of the amount expended by such military
department or Defense Agency, as the case may be,
during such fiscal year quarter for services covered by
subparagraph (A). Any amount so remitted shall be
credited to the Fund under subparagraph (A).
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(C) For purposes of this paragraph, the applica-
ble percentage for a fiscal year is a percentage as fol-
lows:
(i) For fiscal year 2008, 0.5 percent.
(ii) For fiscal year 2009, 1 percent.
(iii) For fiscal year 2010, 1.5 percent.
(iv) For any fiscal year after fiscal year
2010, 2 percent.
(d) AVAILABILITY OF FUNDS.—
(1) IN GENERAL.—Subject to the provisions of
this subsection, amounts in the Fund shall be avail-
able to the Secretary of Defense for expenditure, or for
transfer to a military department or Defense Agency,
for the recruitment, training, and retention of acqui-
sition personnel of the Department of Defense for the
purpose of this section, including for the provision of
training and retention incentives to the acquisition
workforce of the Department as of the date of the en-
actment of this Act.
(2) LIMITATION ON PAYMENTS TO OR FOR CON-
TRACTORS.—Amounts in the Fund shall not be avail-
able for payments to contractors or contractor em-
ployees, other than for the purpose of providing train-
ing to Department of Defense employees.
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(3) PROHIBITION ON PAYMENT OF BASE SALARY
OF
CURRENT
EMPLOYEES.—Amounts in the Fund
may not be used to pay the base salary of any person
who is an employee of the Department as of the date
of the enactment of this Act.
(4) DURATION OF AVAILABILITY.—Amounts cred-
ited to the Fund under subsection (c)(2) shall remain
available for expenditure in the fiscal year for which
credited and the two succeeding fiscal years.
(e) ANNUAL REPORT.—Not later than 60 days after
the end of each fiscal year beginning with fiscal year 2008,
the Secretary of Defense shall submit to the congressional
defense committees a report on the operation of the Fund
during such fiscal year. Each report shall include, for the
fiscal year covered by such report, the following:
(1) A statement of the amounts remitted to the
Secretary for crediting to the Fund for such fiscal
year by each military department and Defense Agen-
cy, and a statement of the amounts credited to the
Fund for such fiscal year.
(2) A description of the expenditures made from
the Fund (including expenditures following a transfer
of amounts in the Fund to a military department or
Defense Agency) in such fiscal year, including the
purpose of such expenditures.
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(3) A description and assessment of improve-
ments in the Department of Defense acquisition work-
force resulting from such expenditures.
(4) A statement of the balance remaining in the
Fund at the end of such fiscal year.
(f) DEFENSE AGENCY DEFINED.—In this section, the
term ‘‘Defense Agency’’ has the meaning given that term
in section 101(a) of title 10, United States Code.
(g) EXPEDITED HIRING AUTHORITY.—
(1) IN GENERAL.—For purposes of sections 3304,
5333, and 5753 of title 5, United States Code, the
Secretary of Defense may—
(A) designate any category of acquisition
positions within the Department of Defense as
shortage category positions; and
(B) utilize the authorities in such sections
to recruit and appoint highly qualified persons
directly to positions so designated.
(2) SUNSET.—The Secretary may not appoint a
person to a position of employment under this sub-
section after September 30, 2012.
(h) ACQUISITION
WORKFORCE
ASSESSMENT
AND
PLAN.—
(1) IN GENERAL.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of
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Defense shall develop an assessment and plan for ad-
dressing gaps in the acquisition workforce of the De-
partment of Defense.
(2) CONTENT OF ASSESSMENT.—The assessment
developed under paragraph (1) shall identify—
(A) the skills and competencies needed in
the military and civilian workforce of the De-
partment of Defense to effectively manage the ac-
quisition programs and activities of the Depart-
ment over the next decade;
(B) the skills and competencies of the exist-
ing military and civilian acquisition workforce
of the Department and projected trends in that
workforce based on expected losses due to retire-
ment and other attrition; and
(C) gaps in the existing or projected mili-
tary and civilian acquisition workforce that
should be addressed to ensure that the Depart-
ment has access to the skills and competencies
identified pursuant to subparagraph (A).
(3) CONTENT
OF
PLAN.—The plan developed
under paragraph (1) shall establish specific objectives
for developing and reshaping the military and civil-
ian acquisition workforce of the Department of De-
fense to address the gaps in skills and competencies
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identified under paragraph (2). The plan shall
include—
(A) specific recruiting and retention goals;
and
(B) specific strategies for developing, train-
ing, deploying, compensating, and motivating
the military and civilian acquisition workforce
of the Department to achieve such goals.
(4) ANNUAL UPDATES.—Not later than March 1
of each year from 2009 through 2012, the Secretary
of Defense shall update the assessment and plan re-
quired by paragraph (1). Each update shall include
the assessment of the Secretary of the progress the De-
partment has made to date in implementing the plan.
(5) SPENDING OF AMOUNTS IN FUND IN ACCORD-
ANCE WITH PLAN.—Beginning on October 1, 2008,
amounts in the Fund shall be expended in accordance
with the plan required under paragraph (1) and the
annual updates required under paragraph (4).
(6) REPORTS.—Not later than 30 days after de-
veloping the assessment and plan required under
paragraph (1) or preparing an annual update re-
quired under paragraph (4), the Secretary of Defense
shall submit to the congressional defense committees a
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report on the assessment and plan or annual update,
as the case may be.
SEC. 845. INVENTORIES AND REVIEWS OF CONTRACTS FOR
SERVICES BASED ON COST OR TIME OF PER-
FORMANCE.
(a) PREPARATION OF LISTS OF ACTIVITIES UNDER
CONTRACTS FOR SERVICES.—
(1) PREPARATION OF LISTS.—Not later than the
end of the third quarter of each fiscal year beginning
with fiscal year 2008, the Secretary of each military
department and the head of each Defense Agency shall
submit to the Secretary of Defense a list of the activi-
ties performed during the preceding fiscal year pursu-
ant to contracts for services for or on behalf of such
military department or Defense Agency, as the case
may be, under which the contractor is paid on the
basis of the cost or time of performance, rather than
specific tasks performed or results achieved.
(2) LIST ELEMENTS.—The entry for an activity
on a list under paragraph (1) shall include, for the
fiscal year covered by such entry, the following:
(A) The fiscal year for which the activity
first appeared on a list under this section.
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(B) The number of full-time contractor em-
ployees (or its equivalent) paid for the perform-
ance of the activity.
(C) A determination whether the contract
pursuant to which the activity is performed is a
personal services contract.
(D) The name of the Federal official respon-
sible for the management of the contract pursu-
ant to which the activity is performed.
(E) With respect to a list for a fiscal year
after fiscal year 2008, information on plans and
written determinations made pursuant to sub-
section (c)(2).
(b) PUBLIC AVAILABILITY OF LISTS.—Not later than
30 days after the date on which lists are required to be sub-
mitted to the Secretary of Defense under subsection (a), the
Secretary shall—
(1) transmit to the congressional defense commit-
tees a copy of the lists so submitted to the Secretary;
(2) make such lists available to the public; and
(3) publish in the Federal Register a notice that
such lists are available to the public.
(c) REVIEW AND PLANNING REQUIREMENTS.—
(1) REVIEW
OF
LISTS.—Within a reasonable
time after the date on which a notice of the public
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availability of a list is published under subsection
(b)(3), the Secretary of the military department or
head of the Defense Agency concerned shall—
(A) review the contracts and activities in-
cluded on the list;
(B) ensure that—
(i) each contract on the list that is a
personal services contract has been entered
into, and is being performed, in accordance
with applicable statutory and regulatory re-
quirements;
(ii) the activities on the list do not in-
clude any inherently governmental func-
tions; and
(iii) to the maximum extent prac-
ticable, the activities on the list do not in-
clude any functions closely associated with
inherently governmental functions; and
(C) for each activity on the list, either—
(i) develop a plan to convert the activ-
ity to performance by Federal employees,
convert the contract to a performance-based
contract, or terminate the activity; or
(ii) make a written determination that
it is not practicable for the military depart-
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ment or Defense Agency, as the case may be,
to take any of the actions otherwise required
under clause (i).
(2) ELEMENTS OF DETERMINATION.—A written
determination pursuant to subparagraph (B)(ii) shall
be accompanied by—
(A) a statement of the basis for the deter-
mination; and
(B) a description of the resources that will
be made available to ensure adequate planning,
management, and oversight for each contract
covered by the determination.
(d) CHALLENGES TO LISTS.—
(1) IN GENERAL.—An interested party may sub-
mit to the Secretary of the military department or
head of the Defense Agency concerned a challenge to
the omission of a particular activity from, or the in-
clusion of a particular activity on, a list made avail-
able to the public under subsection (b).
(2) INTERESTED PARTY DEFINED.—In this sub-
section, the term ‘‘interested party’’, with respect to
an activity referred to in subsection (a), means—
(A) the contractor performing the activity;
(B) an officer or employee of an organiza-
tion within the military department or Defense
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Agency concerned that is responsible for the per-
formance of the activity; or
(C) the head of any labor organization re-
ferred to in section 7103(a)(4) of title 5, United
States Code, that includes within its membership
officers or employees or an organization de-
scribed in subparagraph (B).
(3) DEADLINE FOR CHALLENGE.—A challenge to
a list shall be submitted under paragraph (1) not
later than 30 days after the date of the publication
of the notice of public availability of the list under
subsection (b)(3).
(4) RESOLUTION
OF
CHALLENGE.—Not later
than 30 days of the receipt by the Secretary of a mili-
tary department or head of a Defense Agency of a
challenge to a list under this subsection, an official
designated by the Secretary of the military depart-
ment or the head of the Defense Agency, as the case
may be, shall—
(A) determine whether or not the challenge
is valid; and
(B) submit to the interested party concerned
a written notification of the determination, to-
gether with a discussion of the rationale for the
determination.
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(5) ACTION
FOLLOWING
DETERMINATION
OF
VALID CHALLENGE.—If the Secretary of a military
department or head of a Defense Agency determines
under paragraph (4)(A) that a challenge under this
subsection to a list under this section is valid, such
official shall—
(A) notify the Secretary of Defense of the
determination; and
(B) adjust the next list submitted by such
official under subsection (a) after the date of the
determination to reflect the resolution of the
challenge.
(e) RULES OF CONSTRUCTION.—
(1) NO
AUTHORIZATION
OF
PERFORMANCE
OF
PERSONAL SERVICES.—Nothing in this section shall
be construed to authorize the performance of personal
services by a contractor except where expressly au-
thorized by a provision of statute other than this sec-
tion.
(2) NO PUBLIC-PRIVATE COMPETITION FOR CON-
VERSION
OF
PERFORMANCE
OF
CERTAIN
FUNC-
TIONS.—No public-private competition may be re-
quired under this section, Office of Management and
Budget Circular A–76, or any other provision of law
or regulation before a function closely associated with
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inherently governmental functions is converted to per-
formance by Federal employees.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘Defense Agency’’ has the meaning
given that term in section 101(a) of title 10, United
States Code.
(2) The term ‘‘function closely associated with
inherently governmental functions’’ has the meaning
given that term in section 2383(b)(3) of title 10,
United States Code.
(3) The term ‘‘inherently governmental func-
tions’’ has the meaning given that term in section
2383(b)(2) of title 10, United States Code.
(4) The term ‘‘personal services contract’’ means
a contract under which, as a result of its terms or
conditions or the manner of its administration dur-
ing performance, contractor personnel are subject to
the relatively continuous supervision and control of
one or more Government officers or employees, except
that the giving of an order for a specific article or
service, with the right to reject the finished product or
result, is not the type of supervision or control that
makes a contract a personal services contract.
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SEC. 846. INTERNAL CONTROLS FOR PROCUREMENTS ON
BEHALF OF THE DEPARTMENT OF DEFENSE
BY CERTAIN NON-DEFENSE AGENCIES.
(a) LIMITATION ON PROCUREMENTS ON BEHALF OF
DEPARTMENT OF DEFENSE.—Except as provided in sub-
section (b), no official of the Department of Defense may
place an order, make a purchase, or otherwise procure prop-
erty or services for the Department of Defense in an amount
in excess of $100,000 through a non-defense agency in any
fiscal year if—
(1) the head of the non-defense agency has not
certified that the non-defense agency will comply with
defense procurement requirements during that fiscal
year;
(2) in the case of a covered non-defense agency
that has been determined under this section to be not
compliant with defense procurement requirements,
such determination has not been terminated in ac-
cordance with subsection (c); or
(3) in the case of a covered non-defense agency
for which a memorandum of understanding is re-
quired by subsection (e)(4), the Inspector General of
the Department of Defense and the Inspector General
of the non-defense agency have not yet entered into
such a memorandum of understanding.
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(b) EXCEPTION FOR PROCUREMENTS OF NECESSARY
PROPERTY AND SERVICES.—
(1) IN GENERAL.—The limitation in subsection
(a) shall not apply to the procurement of property
and services on behalf of the Department of Defense
by a non-defense agency during any fiscal year for
which there is in effect a written determination of the
Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics that it is necessary in the inter-
est of the Department of Defense to procure property
and services through the non-defense agency during
such fiscal year.
(2) SCOPE OF PARTICULAR EXCEPTION.—A writ-
ten determination with respect to a non-defense agen-
cy under paragraph (1) shall apply to any category
of procurements through the non-defense agency that
is specified in the determination.
(c) TERMINATION OF APPLICABILITY OF CERTAIN LIM-
ITATION.—In the event the limitation under subsection
(a)(2) applies to a covered non-defense agency, the limita-
tion shall cease to apply to the non-defense agency on the
date on which the Inspector General of the Department of
Defense and the Inspector General of the non-defense agency
jointly—
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(1) determine that the non-defense agency is
compliant with defense procurement requirements;
and
(2) notify the Secretary of Defense of that deter-
mination.
(d) COMPLIANCE WITH DEFENSE PROCUREMENT RE-
QUIREMENTS.—For the purposes of this section, a non-de-
fense agency is compliant with defense procurement require-
ments if the procurement policies, procedures, and internal
controls of the non-defense agency applicable to the procure-
ment of products and services on behalf of the Department
of Defense, and the manner in which they are administered,
are adequate to ensure the compliance of the non-defense
agency with the requirements of laws and regulations (in-
cluding applicable Department of Defense financial man-
agement regulations) that apply to procurements of prop-
erty and services made directly by the Department of De-
fense.
(e) INSPECTORS GENERAL REVIEWS AND DETERMINA-
TIONS.—
(1) IN GENERAL.—For each covered non-defense
agency, the Inspector General of the Department of
Defense and the Inspector General of such non-defense
agency shall, not later than the date specified in
paragraph (2), jointly—
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(A) review—
(i) the procurement policies, proce-
dures, and internal controls of such non-de-
fense agency that are applicable to the pro-
curement of property and services on behalf
of the Department by such non-defense
agency; and
(ii) the administration of such policies,
procedures, and internal controls; and
(B) determine in writing whether such non-
defense agency is or is not compliant with de-
fense procurement requirements.
(2) DEADLINE FOR REVIEWS AND DETERMINA-
TIONS.—The reviews and determinations required by
paragraph (1) shall take place as follows:
(A) In the case of the General Services Ad-
ministration, by not later than March 15, 2010.
(B) In the case of each of the Department
of the Treasury, the Department of the Interior,
and the National Aeronautics and Space Admin-
istration, by not later than March 15, 2011.
(C) In the case of each of the Department
of Veterans Affairs and the National Institutes of
Health, by not later than March 15, 2012.
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(3) 
SEPARATE
REVIEWS
AND
DETERMINA-
TIONS.—The Inspector General of the Department of
Defense and the Inspector General of a covered non-
defense agency may by joint agreement conduct sepa-
rate reviews of the procurement of property and serv-
ices on behalf of the Department of Defense that are
conducted by separate business units, or under sepa-
rate governmentwide acquisition contracts, of the non-
defense agency. If such separate reviews are con-
ducted, the Inspectors General shall make a separate
determination under paragraph (1)(B) with respect
to each such separate review.
(4) MEMORANDA OF UNDERSTANDING FOR RE-
VIEWS
AND
DETERMINATIONS.—Not later than one
year before a review and determination is required
under this subsection with respect to a covered non-
defense agency, the Inspector General of the Depart-
ment of Defense and the Inspector General of the cov-
ered non-defense agency shall enter into a memo-
randum of understanding with each other to carry
out such review and determination.
(f) TREATMENT OF PROCUREMENTS FOR FISCAL YEAR
PURPOSES.—For the purposes of this section, a procure-
ment shall be treated as being made during a particular
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fiscal year to the extent that funds are obligated by the De-
partment of Defense for the procurement in that fiscal year.
(g) RESOLUTION OF DISAGREEMENTS.—If the Inspec-
tor General of the Department of Defense and the Inspector
General of a covered non-defense agency are unable to agree
on a joint determination under subsection (c) or (e), a de-
termination by the Inspector General of the Department of
Defense under such subsection shall be conclusive for the
purposes of this section.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘covered non-defense agency’’
means each of the following:
(A) The General Services Administration.
(B) The Department of the Treasury.
(C) The Department of the Interior.
(D) The National Aeronautics and Space
Administration.
(E) The Department of Veterans Affairs.
(F) The National Institutes of Health.
(2) The term ‘‘governmentwide acquisition con-
tract’’, with respect to a covered non-defense agency,
means a task or delivery order contract that—
(A) is entered into by the non-defense agen-
cy; and
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(B) may be used as the contract under
which property or services are procured for one
or more other departments or agencies of the
Federal Government.
SEC. 847. INDEPENDENT MANAGEMENT REVIEWS OF CON-
TRACTS FOR SERVICES.
(a) GUIDANCE AND INSTRUCTIONS.—Not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense shall issue guidance, with detailed im-
plementation instructions, for the Department of Defense to
provide for periodic independent management reviews of
contracts for services. The independent management review
procedures issued pursuant to this section shall be designed
to evaluate, at a minimum—
(1) contract performance in terms of cost, sched-
ule, and requirements;
(2) the use of contracting mechanisms, including
the use of competition, the contract structure and
type, the definition of contract requirements, cost or
pricing methods, the award and negotiation of task
orders, and management and oversight mechanisms;
(3) the contractor’s use, management, and over-
sight of subcontractors; and
(4) the staffing of contract management and
oversight functions.
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(b) ELEMENTS.—The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum—
(1) the contracts subject to independent manage-
ment reviews, including any applicable thresholds
and exceptions;
(2) the frequency with which independent man-
agement reviews shall be conducted;
(3) the composition of teams designated to per-
form independent management reviews;
(4) any phase-in requirements needed to ensure
that qualified staff are available to perform inde-
pendent management reviews;
(5) procedures for tracking the implementation
of recommendations made by independent manage-
ment review teams; and
(6) procedures for developing and disseminating
lessons learned from independent management re-
views.
(c) REPORTS.—
(1) REPORT ON GUIDANCE AND INSTRUCTION.—
Not later than 150 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report set-
ting forth the guidance and instructions issued pursu-
ant to subsection (a).
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(2) GAO REPORT
ON
IMPLEMENTATION.—Not
later than two years after the date of the enactment
of this Act, the Comptroller General of the United
States shall submit to the congressional defense com-
mittees a report on the implementation of the guid-
ance and instructions issued pursuant to subsection
(a).
SEC. 848. IMPLEMENTATION AND ENFORCEMENT OF RE-
QUIREMENTS 
APPLICABLE 
TO
UNDEFINITIZED CONTRACTUAL ACTIONS.
(a) GUIDANCE AND INSTRUCTIONS.—Not later than
120 days after the date of the enactment of this Act, the
Secretary of Defense shall issue guidance, with detailed im-
plementation instructions, for the Department of Defense to
ensure the implementation and enforcement of requirements
applicable to undefinitized contractual actions.
(b) ELEMENTS.—The guidance and instructions issued
pursuant to subsection (a) shall address, at a minimum—
(1) the circumstances in which it is, and is not,
appropriate for Department of Defense officials to use
undefinitized contractual actions;
(2) approval requirements (including thresholds)
for the use of undefinitized contractual actions;
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(3) procedures for ensuring that schedules for the
definitization of undefinitized contractual actions are
not exceeded;
(4) procedures for ensuring compliance with lim-
itations on the obligation of funds pursuant to
undefinitized contractual actions (including, where
feasible, the obligation of less than the maximum al-
lowed at time of award);
(5) procedures (including appropriate docu-
mentation requirements) for ensuring that reduced
risk is taken into account in negotiating profit or fee
with respect to costs incurred before the definitization
of an undefinitized contractual action; and
(6) reporting requirements for undefinitized con-
tractual actions that fail to meet required schedules or
limitations on the obligation of funds.
(c) REPORTS.—
(1) REPORT ON GUIDANCE AND INSTRUCTIONS.—
Not later than 150 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report set-
ting forth the guidance and instructions issued pursu-
ant to subsection (a).
(2) GAO REPORT.—Not later than two years
after the date of the enactment of this Act, the Comp-
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troller General of the United States shall submit to
the congressional defense committees a report on the
extent to which the guidance and instructions issued
pursuant to subsection (a) have resulted in improve-
ments to—
(A) the level of insight that senior Depart-
ment of Defense officials have into the use of
undefinitized contractual actions;
(B) the appropriate use of undefinitized
contractual actions;
(C) 
the 
timely 
definitization 
of
undefinitized contractual actions; and
(D) the negotiation of appropriate profits
and fees for undefinitized contractual actions.
Subtitle D—Department of Defense
Contractor Matters
SEC. 861. PROTECTION FOR CONTRACTOR EMPLOYEES
FROM REPRISAL FOR DISCLOSURE OF CER-
TAIN INFORMATION.
(a) INCREASED PROTECTION FROM REPRISAL.—Sub-
section (a) of section 2409 of title 10, United States Code,
is amended—
(1) by striking ‘‘disclosing to a Member of Con-
gress or an authorized official of an agency or the De-
partment of Justice’’ and inserting ‘‘disclosing to a
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Member of Congress, a representative of a committee
of Congress, an Inspector General, the Government
Accountability Office, a Department of Defense em-
ployee responsible for contract oversight or manage-
ment, or an authorized official of an agency or the
Department of Justice, including in the case of a dis-
closure made in the ordinary course of an employee’s
duties,’’; and
(2) by striking ‘‘information relating to a sub-
stantial violation of law related to a contract (includ-
ing the competition for or negotiation of a contract)’’
and inserting ‘‘information that the employee reason-
ably believes is evidence of gross mismanagement of a
Department of Defense contract, grant, or direct pay-
ment if the United States Government provides any
portion of the money or property which is requested
or demanded, a gross waste of Department of Defense
funds, a substantial and specific danger to public
health or safety, or a violation of law related to a De-
partment of Defense contract (including the competi-
tion for or negotiation of a contract), grant, or direct
payment if the United States Government provides
any portion of the money or property which is re-
quested or demanded’’.
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(b) ACCELERATION OF SCHEDULE FOR DENYING RE-
LIEF OR PROVIDING REMEDY.—Subsection (c) of such sec-
tion is amended—
(1) in paragraph (1)—
(A) by inserting after ‘‘(1)’’ the following:
‘‘Not later than 90 days after receiving an In-
spector General report pursuant to subsection
(b), the head of the agency concerned shall deter-
mine whether the contractor concerned has sub-
jected the complainant to a reprisal prohibited
under subsection (a).’’; and
(B) by adding at the end the following new
subparagraphs:
‘‘(D) In the event the disclosure relates to a cost-
plus contract, prohibit the contractor from receiving
one or more award fee payments to which the con-
tractor would otherwise be eligible until such time as
the contractor takes the actions ordered by the head
of the agency pursuant to subparagraphs (A) through
(C).
‘‘(E) Take the reprisal into consideration in any
past performance evaluation of the contractor for the
purpose of a contract award.’’;
(2) by redesignating paragraph (3) as para-
graph (4); and