§6328 Cost-benefit Analyses for Competition of Management and Operating Contracts

Summary

Requires the Administrator to tell the congressional defense committees, within 7 days after issuing a request for proposals, the Administrator’s early estimate of the costs and benefits of competing a management and operating contract. If a new contract is awarded, the Administrator must give those committees a full report within 30 days after the transition to the new contract finishes. The report must explain expected cost savings over the life of the contract, any limits or uncertainties, the costs of running the competition (including transition and any higher lifetime costs), any mission delays or disruptions, the expected mission or operational benefits, how the competition followed the Federal Acquisition Regulation for Federally funded research and development centers if relevant, the reasons and process for choosing to compete or extend and for deciding what work the contract covers, the analyses and assumptions used, and any other items the Administrator finds appropriate. All briefings and reports must follow the Department of Energy’s information quality rules and GAO and industry cost-estimating best practices when suitable. The Comptroller General of the United States will decide whether to do an initial review, a comprehensive review, or both. Any initial review must be given as a briefing within 180 days after the report is sent. Any comprehensive review must be submitted within 3 years and compare actual savings, unexpected costs, delays, and whether promised benefits occurred. These briefing and reporting rules apply to requests or awards made in fiscal years 2019 through 2032 and do not apply to a management and operations contract for a Naval Reactor facility.