124 STAT. 4274 PUBLIC LAW 111–383—JAN. 7, 2011 (3) by inserting after subsection (b) the following new sub- sections: ‘‘(c) OVERSIGHT.—It shall be the responsibility of the head of the contracting activity responsible for each covered contract to ensure that the contracting activity takes appropriate steps to assign sufficient oversight personnel to the contract to— ‘‘(1) ensure that the contractor responsible for performing private security functions under such contract comply with the regulatory requirements prescribed pursuant to subsection (a) and the contract requirements established pursuant to sub- section (b); and ‘‘(2) make the determinations required by subsection (d). ‘‘(d) REMEDIES.—The failure of a contractor under a covered contract to comply with the requirements of the regulations pre- scribed under subsection (a) or the contract clause inserted in a covered contract pursuant to subsection (b), as determined by the contracting officer for the covered contract— ‘‘(1) shall be included in appropriate databases of past performance and considered in any responsibility determination or evaluation of the past performance of the contractor for the purpose of a contract award decision, as provided in section 6(j) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(j)); ‘‘(2) in the case of an award fee contract— ‘‘(A) shall be considered in any evaluation of contract performance by the contractor for the relevant award fee period; and ‘‘(B) may be a basis for reducing or denying award fees for such period, or for recovering all or part of award fees previously paid for such period; and ‘‘(3) in the case of a failure to comply that is severe, prolonged, or repeated— ‘‘(A) shall be referred to the suspension or debarment official for the appropriate agency; and ‘‘(B) may be a basis for suspension or debarment of the contractor. ‘‘(e) RULE OF CONSTRUCTION.—The duty of a contractor under a covered contract to comply with the requirements of the regula- tions prescribed under subsection (a) and the contract clause inserted into a covered contract pursuant to subsection (b), and the availability of the remedies provided in subsection (d), shall not be reduced or diminished by the failure of a higher or lower tier contractor under such contract to comply with such require- ments, or by a failure of the contracting activity to provide the oversight required by subsection (c).’’. (b) REVISED REGULATIONS AND CONTRACT CLAUSE.— (1) DEADLINE FOR REGULATIONS.—Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall revise the regulations prescribed pursuant to section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 2302 note) to incorporate the requirements of the amendments made by subsection (a). (2) COMMENCEMENT OF APPLICABILITY OF REVISIONS.—The revision of regulations under paragraph (1) shall apply to the following:
