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TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle B--Program Authorizations, Restrictions, and Limitations |
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P. L. 112- |
House Conference Report 112-705 |
SEC. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS.(a) Reports Required- The Administrator for Nuclear Security shall submit to the congressional defense committees a report described in subsection (b) by not later than 30 days after the date on which the Administrator awards a contract to manage and operate a facility of the National Nuclear Security Administration. (b) Report Described- A report described in this subsection is a report on a contract described by subsection (a) that includes-- (1) the expected cost savings resulting from the competition for the contract over the life of the contract; (2) the costs of the competition for the contract, including the immediate costs of conducting the competition and any increased costs over the life of the contract; (3) a description of-- (A) any disruption or delay in mission activities or deliverables resulting from the competition for the contract; and (B) any benefits of the competition to mission performance or operations; (4) how the competition for the contract complied with the Federal Acquisition Regulation regarding federally funded research and development centers, if applicable; and (5) any other matters the Administrator considers appropriate. (c) GAO Review- Not later than 90 days after each report is submitted to the congressional defense committees under subsection (a) or (d)(2), the Comptroller General of the United States shall submit to such committees a review of such report. (d) Applicability- (1) IN GENERAL- The requirement for reports under subsection (a) shall apply with respect to a contract described by such subsection that is awarded by the Administrator during fiscal years 2013 through 2017. (2) FISCAL YEARS 2012 AND 2013 CONTRACTS- For each contract described by subsection (a) that is awarded by the Administrator during fiscal years 2012 or 2013 before the date of the enactment of this Act, the Administrator shall submit to the congressional defense committees a report described in subsection (b) by not later than 90 days after the date of such enactment. |
Cost-benefit analyses for competition
of management and operating contracts (sec. 3121) The House bill contained a provision (sec. 3118) that would require the Administrator for Nuclear Security to submit a report to the congressional defense committees before the Administrator releases any final request for proposals for competition of any contract to manage and operate a facility of the National Nuclear Security Administration. The report would be required to include a cost-benefit analysis of the competition that includes the expected costs and cost savings resulting from the competition; a description of any disruption or delay in mission activities or deliverables resulting from the competition; a description of any benefits of the proposed competition to mission performance or operations; and an assessment of how the competition complies with the Federal Acquisition Regulation regarding Federally Funded Research and Development Centers, if applicable. This section would also require the Comptroller General of the United States to submit a review of the Administrator's report to the congressional defense committees within 90 days of the Administrator submitting any report pursuant to this section. The requirements of this section would apply to any request for proposals that is released by the Administrator during fiscal years 2012 through 2017. The Senate amendment contained no similar provision. The Senate recedes with an amendment that would require the Administrator to issue a report to the congressional defense committees not later than 30 days after the contract is awarded. |
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House Report 112-479 |
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SECTION 3118--COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS This section would require the Administrator for Nuclear Security to submit a report to the congressional defense committees before the Administrator releases any final request for proposals for competition of any contract to manage and operate a facility of the National Nuclear Security Administration. The report would be required to include a cost-benefit analysis of the competition that includes the expected costs and cost savings resulting from the competition; a description of any disruption or delay in mission activities or deliverables resulting from the competition; a description of any benefits of the proposed competition to mission performance or operations; and an assessment of how the competition complies with the Federal Acquisition Regulation regarding Federally Funded Research and Development Centers, if applicable. This section would also require the Comptroller General of the United States to submit a review of the Administrator's report to the congressional defense committees within 90 days of the Administrator submitting any report pursuant to this section. The requirements of this section would apply to any request for proposals that is released by the Administrator during fiscal years 2012-17.
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