[Congressional Record Volume 165, Number 169 (Thursday, October 24, 2019)]
[Senate]
[Page S6166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1078. Ms. ERNST submitted an amendment intended to be proposed to 
amendment SA 948 proposed by Mr. Shelby to the bill H.R. 3055, making 
appropriations for the Departments of Commerce and Justice, Science, 
and Related Agencies for the fiscal year ending September 30, 2020, and 
for other purposes; which was ordered to lie on the table; as follows:

       In division B, insert after section 767 the following:
       Sec. 768.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or for performance that does not 
     meet the basic requirements of a contract, unless the Agency 
     determines that any such deviations are due to unforeseeable 
     events, government-driven scope changes, or are not 
     significant within the overall scope of the project and/or 
     program and unless such awards or incentive fees are 
     consistent with 16.401(e)(2) of the FAR.
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