Section 2787 - Cost-benefit analyses for competition of management and operating contracts(a) Briefings on requests for proposalsNot later than 7 days after issuing a request for proposals for a contract to manage and operate a facility of the Administration, the Administrator shall brief the congressional defense committees on the preliminary assessment of the Administrator of the costs and benefits of the competition for the contract, including a preliminary assessment of the matters described in subsection (c) with respect to the contract.
(b) Reports after transition to new contractsIf the Administrator awards a new contract to manage and operate a facility of the Administration, the Administrator shall submit to the congressional defense committees a report that includes the matters described in subsection (c) with respect to the contract by not later than 30 days after the completion of the period required to transition to the contract.
(c) Matters describedThe matters described in this subsection, with respect to a contract, are the following:
(1) A clear and complete description of the cost savings the Administrator expects to result from the competition for the contract over the life of the contract, including associated analyses, assumptions, and information sources used to determine such expected cost savings.(2) A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.(3) The costs of the competition for the contract, including the immediate costs of conducting the competition, the costs of the transition to the contract from the previous contract, and any increased costs over the life of the contract.(4) A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract.(5) A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition.(6) How the competition for the contract complied with the Federal Acquisition Regulation regarding federally funded research and development centers, if applicable.(7) The factors considered and processes used by the Administrator to determine-(A) whether to compete or extend the previous contract; and(B) which activities at the facility should be covered under the contract rather than under a different contract.(8) With respect to the matters included under paragraphs (1) through (7), a detailed description of the analyses conducted by the Administrator to reach the conclusions presented in the report, including any assumptions, limitations, and uncertainties relating to such conclusions.(d) Information qualityEach briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with-
(1) the information quality guidelines of the Department of Energy that are relevant to the clear and complete presentation of the matters described in subsection (c); and(2) best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.(e) Review of reports by Comptroller General of the United States(1) Initial reviewThe Comptroller General of the United States shall provide a briefing to the congressional defense committees that includes a review of each report required by subsection (b) not later than 180 days after the report is submitted to such committees.
(2) Comprehensive review(A) DeterminationThe Comptroller General shall determine, in consultation with the congressional defense committees, whether to conduct a comprehensive review of a report required by subsection (b).
(B) SubmissionThe Comptroller General shall submit a comprehensive review conducted under subparagraph (A) of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to such committees.
(C) ElementsA comprehensive review conducted under subparagraph (A) of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:
(i) The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.(ii) Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4).(iii) Whether expected benefits of the competition with respect to mission performance or operations have been achieved.(iv) Such other matters as the Comptroller General considers appropriate.(f) Applicability(1) In generalThe requirements for briefings under subsection (a) and reports under subsection (b) shall apply with respect to requests for proposals issued or contracts awarded, as applicable, by the Administrator during fiscal years 2019 through 2032.
(2) Naval reactorsThe requirements for briefings under subsection (a) and reports under subsection (b) shall not apply with respect to a management and operations contract for a Naval Reactor facility.
Pub. L. 107-314, div. D, title XLVIII, §4807, as added Pub. L. 115-232, §3131, 132 Stat. 2298; amended Pub. L. 118-31, div. C, title XXXI, §3119, Dec. 22, 2023, 137 Stat. 791.EDITORIAL NOTES
AMENDMENTS2023-Subsec. (f)(1). Pub. L. 118-31 substituted "2032" for "2022".
- Administration
- The term "Administration" means the National Nuclear Security Administration.
- Administrator
- The term "Administrator" means the Administrator for Nuclear Security.
- congressional defense committees
- The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.