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SEC. 856.
CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.
(a) Inapplicability of Certain
Laws-
(1) INAPPLICABILITY OF THE
RANDOLPH-SHEPPARD ACT TO CONTRACTS AND SUBCONTRACTS FOR
MILITARY DINING FACILITY SUPPORT SERVICES COVERED BY
JAVITS-WAGNER-O'DAY ACT- The Randolph-Sheppard Act (20 U.S.C.
107 et seq.) does not apply to full food services, mess
attendant services, or services supporting the operation of a
military dining facility that, as of the date of the enactment
of this Act, were services on the procurement list established
under section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47).
(2) INAPPLICABILITY OF THE
JAVITS-WAGNER-O'DAY ACT TO CONTRACTS FOR THE OPERATION OF A
MILITARY DINING FACILITY-
(A) The Javits-Wagner-O'Day
Act (41 U.S.C. 46 et seq.) does not apply at the prime
contract level to any contract entered into by the
Department of Defense as of the date of the enactment of
this Act with a State licensing agency under the
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) for the
operation of a military dining facility.
(B) The Javits-Wagner-O'Day
Act shall apply to any subcontract entered into by a
Department of Defense contractor for full food services,
mess attendant services, and other services supporting the
operation of a military dining facility.
(3) REPEAL OF SUPERSEDED LAW-
Subsections (a) and (b) of section 853 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005
(Public Law 108-375; 118 Stat. 2021) are repealed.
(b) Review and Report by
Comptroller General of Randolph-Sheppard and Javits-Wagner-O'Day
Contracts-
(1) IN GENERAL- The
Comptroller General shall conduct a review of a representative
sample of food service contracts described in paragraph (2)
and determine in writing the following:
(A) Differences in
operational procedures and administration of contracts
awarded by the Department of Defense under the
Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the
Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.) on a
State-by-State basis with regard to the relationship between
State licensing agencies and blind vendors.
(B) Differences in
competition, source selection, and management processes and
procedures for contracts awarded by the Department under the
Randolph-Sheppard Act and the Javits-Wagner-O'Day Act,
including a review of the average total cost of contract
awards and compensation packages to all beneficiaries.
(C) Precise methods used to
determine whether a price is fair and reasonable under
contracts awarded by the Department under the
Randolph-Sheppard Act and the Javits-Wagner-O'Day Act, as
required under the Federal Acquisition Regulation and the
Defense Federal Acquisition Regulation Supplement.
(2) CONTRACTS COVERED- For
purposes of the review under paragraph (1), a food service
contract described in this paragraph is a contract--
(A) for full food services,
mess attendant services, or services supporting the
operation of all or any part of a military dining facility;
(B) that was awarded under
either the Randolph-Sheppard Act or the Javits-Wagner-O'Day
Act; and
(C) that is in effect on the
date of the enactment of this Act.
(3) REPORT- Not later than
March 1, 2007, the Comptroller General shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review conducted under this
subsection, with such findings and recommendations as the
Comptroller General considers appropriate.
(c) Requirements for Inspectors
General of Department of Defense and Department of Education-
(1) REVIEW OF MANAGEMENT
PROCEDURES- Not later than March 1, 2007, the Inspector
General of the Department of Defense and the Inspector General
of the Department of Education shall jointly review the
management procedures under both the Randolph-Sheppard Act (20
U.S.C. 107 et seq.) and the Javits-Wagner-O'Day Act (41 U.S.C.
46 et seq.). In carrying out this paragraph, the Inspectors
General shall each have access to the following:
(A) Memoranda on program
management and the basis for contract award under the
programs.
(B) Guidance sent to State
agencies on administration of the programs.
(C) Names of participating
vendors, as well as qualifying experience and educational
background of such vendors.
(2) MEMORANDUM OF
UNDERSTANDING BETWEEN INSPECTORS GENERAL- Not later than 60
days after the date of the enactment of this Act, the
Inspector General of the Department of Defense and the
Inspector General of the Department of Education shall enter
into a memorandum of understanding with each other to carry
out paragraph (1).
(3) REPORT- Not later than one
year after the date of enactment of this Act, the Inspector
General of the Department of Defense and the Inspector General
of the Department of Education shall jointly submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the review required by paragraph
(1). The report shall include--
(A) findings of the
Inspectors General regarding the management procedures
reviewed; and
(B) such other information
and recommendations as the Inspectors General consider
appropriate.
(d) Definitions- In this
section:
(1) The term `State licensing
agency' means any agency designated by the Secretary of
Education under section 2(a)(5) of the Randolph-Sheppard Act
(20 U.S.C. 107a(a)(5)).
(2) The term `military dining
facility' means a facility owned, operated, leased, or wholly
controlled by the Department of Defense and used to provide
dining services to members of the Armed Forces, including a
cafeteria, military mess hall, military troop dining facility,
or any similar dining facility operated for the purpose of
providing meals to members of the Armed Forces.
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Contracting with employers of persons with disabilities
(sec. 856)
The Senate amendment contained a provision
(sec. 873) that would extend for 1 year
the status quo for continuation and completion
of existing contracts, including any options,
awarded under the Javits-Wagner-
O’Day Act (41 U.S.C. 46 et seq.) and the Randolph-
Sheppard Act (20 U.S.C. 107 et seq.)
programs for the operation of military troop
dining facilities, military mess halls, and
other similar military dining facilities.
The House bill contained no similar provision.
The House recedes with an amendment
that would establish a permanent policy regarding
the award of contracts and subcontracts
for food services, mess attendant
services, and other services supporting the
operation of a military dining facility under
the Javits-Wagner-O’Day and Randolph-Sheppard Acts. The amendment would require
a review and report by the Government
Accountability Office on operational procedures,
competition, and determinations regarding
fair and reasonable pricing for contracts
awarded under both Acts. The amendment
would also require a joint report from
the Inspectors General of the Departments of
Defense and Education on management procedures
implemented under the two Acts. |
