Subpart 5116.4 -- Incentive Contracts.

(S-90)  Section 814 of the 2007 National Defense Authorization Act requires the collection of relevant data on award and incentive fees paid to contractors. Data shall be collected for contracts containing award or performance incentive provisions that :

(1)  have an estimated contract value (including options) greater than $50M at the end of the reporting period; and

(2)  For which an award fee determination or payment of a performance or delivery incentive(s) were made during the semi-annual period for which the data is collected.

(S-91)  The semi-annual periods for collecting data are the six month periods ending June 30 and December 31 of each year.

(1)  Data shall be provided through the Office of the Deputy Assistant Secretary of the Army for Procurement Attn: SAAL-PP, to the Director, Defense Procurement and Acquisition Policy no later than 90 days after the end of the semi-annual reporting period.

(S-92)  For contracts meeting the criteria in S-90(1) and (2) above, the data must be formally reviewed and documented at one level above the fee determining official to ensure that the award and performance incentive fees are commensurate with the contractor's performance under the contract. In addition to the independent review one level above the Fee Determining Official (FDO), the respective Head of the Contracting Activity will formally review the submissions for their organization. This review will entail a determination that the semi-annual award and incentive fee submissions are commensurate with the contractor's performance under the contract.

[AFARS Revision #25, Item XII, dated April 1, 2010]