124 STAT. 3689 PUBLIC LAW 111–350—JAN. 4, 2011 (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.
