PERFORMANCE-BASED CONTRACTING.

SEC. 3176. PERFORMANCE-BASED CONTRACTING. (a) Program.— The Secretary shall develop and implement a program for performance-based contracting for contracts entered into for environmental remediation at defense nuclear facilities. The program shall ensure that, to the maximum extent practicable and appropriate, such contracts include the following: 110 STAT. 2850 (1) Clearly stated and results oriented performance criteria and measures. (2) Appropriate incentives for contractors to meet or exceed the performance criteria effectively and efficiently. (3) Appropriate criteria and incentives for contractors to seek and engage subcontractors who may more effectively and efficiently perform either unique and technologically challenging tasks or routine and interchangeable services. (4) Specific incentives for cost savings. (5) Financial accountability. (6) When appropriate, reduction of fee for failure to meet minimum performance criteria and standards. (b) Criteria and Measures.— Performance criteria and measures should take into consideration, at a minimum, the following: managerial control; elimination or reduction of risk to public health and the environment; workplace safety; financial control; goal-oriented work scope; use of innovative and alternative technologies and techniques that result in cleanups being performed less expensively, more quickly, and within quality parameters; and performing within benchmark cost estimates. (c) Consultation.— In implementing this section, the Secretary shall consult with interested parties. (d) Deadline.— The Secretary shall implement this section not later than October 1, 1997, unless the Secretary submits to Congress before that date a report with a schedule for completion of action under this section.