§6328 — Title 10 Armed Forces | U.S. Code

§6328 Cost-benefit analyses for competition of management and operating contracts

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART VI— - ELEMENTS OF DEPARTMENT OF DEFENSE AND OTHER MATTERS › Subpart Subpart B— - Atomic Energy Defense › Chapter CHAPTER 608— - ADMINISTRATIVE MATTERS › Subchapter SUBCHAPTER I— - CONTRACTS › § 6328

Last updated Apr 6, 2026|Official source

Summary

The Administrator must quickly report to the congressional defense committees when the agency starts a competition to run one of its facilities. Within 7 days after issuing a request for proposals, the Administrator must give a short briefing with a first look at the expected costs and benefits of the competition. If a new contract is awarded, the Administrator must send a full report to those committees no later than 30 days after the contract transition ends. The report must cover things like expected cost savings over the life of the contract with the analyses and assumptions used; any limits or uncertainties; the costs of running the competition, the transition, and any higher long‑term costs; any delays or mission disruptions; expected mission or operational benefits; whether rules for Federally Funded Research and Development Centers were followed (if relevant); how the decision to compete or extend was made and which work was included under the contract; and detailed analyses behind all conclusions. Briefings and reports must meet Department of Energy information quality rules and GAO or industry cost‑estimating best practices. GAO may review the report with an initial briefing within 180 days and a full review within 3 years. These rules apply to actions in fiscal years 2019 through 2032 but do not apply to Naval Reactor facility contracts.

Title 10, §6328

Armed Forces — Source: USLM XML via OLRC

(a)Not 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)If 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)The 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.

(9)Any other matters the Administrator considers appropriate.

(d)Each 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)(1)The Comptroller General of the United States shall determine, in consultation with the congressional defense committees, whether to conduct an initial review, a comprehensive review, or both, of a report required by subsection (b).

(2)The Comptroller General shall provide any initial review of a report required by subsection (b) as a briefing to the congressional defense committees not later than 180 days after that report is submitted to the congressional defense committees.

(3)(A)The Comptroller General shall submit any comprehensive review of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to the congressional defense committees.

(B)A comprehensive review 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)(1)The 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)The 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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 6328 was renumbered section 8328 of this title. Another prior section 6328, acts Aug. 10, 1956, ch. 1041, 70A Stat. 396; Sept. 24, 1983, Pub. L. 98–94, title IX, § 923(c)(2), 97 Stat. 643, related to treatment of fractions of years of service in computing retired pay, prior to repeal by Pub. L. 99–348, title II, § 203(b)(5), July 1, 1986, 100 Stat. 696. Provisions similar to those in this section were contained in section 2787 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1). Prior section 6329 and 6330 were renumbered section 8329 and 8330 of this title, respectively.

Amendments

2025—Pub. L. 119–60, § 3111(d)(2)(B), realigned margins. Subsec. (e). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (3) headings which read as follows: “Determination”, “Initial review”, and “Comprehensive review” and struck out subpars. (A) and (B) headings in par. (3) which read as follows: “Submission” and “Elements”, respectively. Subsec. (f). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) and (2) headings which read as follows: “In general” and “Naval reactors”, respectively.