§ 210. SHARE-IN-SAVINGS INITIATIVES.

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Defense Contracts .— [Enacted former section 2332 of Title 10 , Armed Forces.] Other Contracts .— [Enacted section 266a of Title 41 .] Development of Incentives .— The Director of the Office of Management and Budget shall, in consultation with the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate, the Committee on Government Reform [now Committee on Oversight and Accountability] of the House of Representatives, and executive agencies, develop techniques to permit an executive agency to retain a portion of the savings (after payment of the contractor’s share of the savings) derived from share-in-savings contracts as funds are appropriated to the agency in future fiscal years.

Regulations .— Not later than 270 days after the date of the enactment of this Act [ Dec. 17, 2002 ], the Federal Acquisition Regulation shall be revised to implement the provisions enacted by this section. Such revisions shall— provide for the use of competitive procedures in the selection and award of share-in-savings contracts to— ensure the contractor’s share of savings reflects the risk involved and market conditions; and otherwise yield greatest value to the government; and allow appropriate regulatory flexibility to facilitate the use of share-in-savings contracts by executive agencies, including the use of innovative provisions for technology refreshment and nonstandard Federal Acquisition Regulation contract clauses.

Additional Guidance .— The Administrator of General Services shall— identify potential opportunities for the use of share-in-savings contracts; and in consultation with the Director of the Office of Management and Budget, provide guidance to executive agencies for determining mutually beneficial savings share ratios and baselines from which savings may be measured. Report to Congress .— In consultation with executive agencies, the Director of the Office of Management and Budget shall, not later than 2 years after the date of the enactment of this Act [ Dec. 17, 2002 ], submit to Congress a report containing— a description of the number of share-in-savings contracts entered into by each executive agency under by [sic] this section and the amendments made by this section, and, for each contract identified— the information technology acquired; the total amount of payments made to the contractor; and the total amount of savings or other measurable benefits realized; a description of the ability of agencies to determine the baseline costs of a project against which savings can be measured; and any recommendations, as the Director deems appropriate, regarding additional changes in law that may be necessary to ensure effective use of share-in-savings contracts by executive agencies.

Report to Congress .— The Comptroller General shall, not later than 6 months after the report required under subsection

(f)is submitted to Congress, conduct a review of that report and submit to Congress a report containing— the results of the review; an independent assessment by the Comptroller General of the effectiveness of the use of share-in-savings contracts in improving the mission-related and administrative processes of the executive agencies and the achievement of agency missions; and a recommendation on whether the authority to enter into share-in-savings contracts should be continued. Repeal of Share-in-Savings Pilot Program .— Repeal .— [Repealed section 11521 of Title 40 , Public Buildings, Property, and Works.] Conforming amendments to pilot program authority .— [Amended sections 11501 to 11505 of Title 40.] Additional conforming amendments .— [Redesignated 11522 of Title 40 as 11521 and amended headings and analysis.] Definitions .— In this section, the terms ‘contractor’, ‘savings’, and ‘share-in-savings contract’ have the meanings given those terms in section 317 of the Federal Property and Administrative Services Act of 1949 [former 41 U.S.C. 266a ; now 41 U.S.C. note prec. 3901] (as added by subsection (b)).

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41 USC 266a

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§ 210

SHARE-IN-SAVINGS INITIATIVES.

Cite41 USC 266a

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