Page:United States Statutes at Large Volume 111 Part 2.djvu/634

 Ill STAT. 1714 PUBLIC LAW 105-85—NOV. 18, 1997 (b) COLLECTION METHOD; CONTRACTOR PAYMENTS.— Such section is further amended by striking out subsections (d) and (e) and inserting in Heu thereof the following new subsections: "(d) COLLECTION METHOD. —(1) In the case of an overpayment to a vendor identified under the demonstration program, the Secretary shall consider the use of the procedures specified in section 32.611 of the Federal Acquisition Regulation, regarding a setoff against existing invoices for payment to the vendor, as the first method by which the Department seeks to recover the amount of the overpayment (and any applicable interest and penalties) from the vendor. "(2) The Secretary of Defense shall be solely responsible for notifying a vendor of an overpa3ment made to the vendor and identified under the demonstration program and for recovering the amount of the overpayment (and any applicable interest and penalties) from the vendor. "(e) FEES FOR CONTRACTOR.—The Secretary shall pay to the contractor under the contract entered into under the demonstration program an amount not to exceed 25 percent of the total amount recovered by the Department (through the collection of overpay- ments and the use of setoffs) solely on the basis of information obtained as a result of the audits performed by the contractor under the program. When an overpa5mient is recovered through the use of a setoff, amounts for the required payment to the contractor shall be derived from funds available to the working-capital fund or industrial, commercial, or support type activity for which the overpa5ment is recovered.". 10 USC 2461 (c) GAG REVIEW. — Not later than December 31, 1998, the note. Comptroller General shall submit to Congress a report containing the results of a review by the Comptroller General of the demonstration program conducted under section 354 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 10 U.S.C. 2461 note). In the review, the Comptroller General shall— (1) assess the success of the methods used in the demonstration program to identify overpayments made to vendors; (2) consider the types of overpayments identified and the feasibility of avoiding such overpayments through contract adjustments; (3) determine the total amount of overpayments recovered under the demonstration program; and (4) develop recommendations for improving the process by which overpa5anents are recovered by the Department of Defense. 10 USC 2461 SEC. 389. DEVELOPMENT OF STANDARD FORMS REGARDING note. PERFORMANCE WORK STATEMENT AND REQUEST FOR PROPOSAL FOR CONVERSION OF CERTAIN OPERATIONAL FUNCTIONS OF MILITARY INSTALLATIONS. (a) STANDARDIZATION OF REQUIREMENTS. —The Secretary of Defense is authorized and encouraged to develop standard forms (to be known as a "standard performance work statement" and a "standard request for proposal") for use in the consideration for conversion to contractor performance of commercial services and functions at military installations. A separate standard form shall be developed for each service and function. (b) RELATIONSHIP TO OMB REQUIREMENTS. —A standard performgmce work statement or a standard request for proposal

�