124 STAT. 3801 PUBLIC LAW 111–350—JAN. 4, 2011 (2) establish standards for identifying the appropriate level of officials authorized to approve the use of award and incentive fees in new contracts; (3) provide guidance on the circumstances in which contractor performance may be judged to be ‘‘excellent’’ or ‘‘superior’’ and the percentage of the available award fee which contractors should be paid for the performance; (4) establish standards for determining the percentage of the available award fee, if any, which contractors should be paid for performance that is judged to be ‘‘acceptable’’, ‘‘aver- age’’, ‘‘expected’’, ‘‘good’’, or ‘‘satisfactory’’; (5) ensure that no award fee may be paid for contractor performance that is judged to be below satisfactory performance or performance that does not meet the basic requirements of the contract; (6) provide specific direction on the circumstances, if any, in which it may be appropriate to roll over award fees that are not earned in one award fee period to a subsequent award fee period or periods; (7) ensure consistent use of guidelines and definitions relating to award and incentive fees across the Federal Government; (8) ensure that each executive agency— (A) collects relevant data on award and incentive fees paid to contractors; and (B) has mechanisms in place to evaluate the data on a regular basis; (9) include performance measures to evaluate the effective- ness of award and incentive fees as a tool for improving con- tractor performance and achieving desired program outcomes; and (10) provide mechanisms for sharing proven incentive strate- gies for the acquisition of different types of products and serv- ices among contracting and program management officials. (d) GUIDANCE FOR DEPARTMENT OF DEFENSE.—The Department of Defense shall continue to be subject to guidance on award and incentive fees issued by the Secretary of Defense pursuant to section 814 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364, 10 U.S.C. 2302 note). Subtitle II—Other Advertising and Contract Provisions Chapter Sec. 61. Advertising ................................................................................................ 6101 63. General Contract Provisions ................................................................ 6301 65. Contracts for Materials, Supplies, Articles, and Equipment Ex- ceeding $10,000. 6501 67. Service Contract Labor Standards ..................................................... 6701 CHAPTER 61—ADVERTISING Sec. 6101. Advertising requirement for Federal Government purchases and sales. 6102. Exceptions from advertising requirement. 6103. Opening of bids. § 6101. Advertising requirement for Federal Government purchases and sales (a) DEFINITIONS.—In this section—
