10 U.S.C. § 6328 — Cost-benefit analyses for competition of management and operating contracts
submitted 1 year ago by Pub. L. 119-60 to r/title-10-ARMED-FORCES · 784 words · no verdicts yet
The Administrator must brief congressional defense committees about expected costs and benefits of competing certain management-and-operating contracts and later report results. The section specifies required subjects, information-quality standards, Comptroller General reviews, and the fiscal years covered.
(a) Proposal briefings. Within 7 days after issuing a request for proposals for a contract to manage and operate an Administration* facility, the Administrator* must brief the congressional defense committees* on a preliminary cost-benefit assessment, including the matters in subsection (c).
(b) New-contract reports. If the Administrator awards a new such contract, a report covering subsection (c) must go to those committees within 30 days after the required transition period ends.
(c) Matters. The briefing or report must cover: (1) expected competition-related savings over the contract’s life, with analyses, assumptions, and sources; (2) important limits or uncertainties, including anticipated but unknown savings; (3) competition costs, transition costs, and increased lifetime costs; (4) competition-related mission disruptions or delays; (5) expected mission-performance or operational benefits; (6) compliance, if applicable, with the Federal Acquisition Regulation on federally funded research and development centers; (7) factors and processes used to decide whether to compete or extend the old contract and which facility activities belong in this contract rather than another; (8) detailed analyses supporting paragraphs (1)–(7), including assumptions, limits, and uncertainties; and (9) other matters the Administrator considers appropriate.
(d) Information quality. Each briefing and report must follow relevant Department of Energy information-quality guidelines and, when appropriate, Government Accountability Office and relevant-industry cost-estimating best practices.
(e) Comptroller General review. (1) Consulting the committees, the Comptroller General decides whether to make an initial review, a comprehensive review, or both. (2) An initial review must be briefed to the committees within 180 days after the report is submitted. (3) A comprehensive review must be submitted within 3 years. It must use the most current information to assess: (i) actual savings versus estimates and unexpected or uncertain increased contract costs; (ii) actual disruptions or delays versus estimates; (iii) whether expected mission or operational benefits occurred; and (iv) other matters the Comptroller General considers appropriate.
(f) Applicability. The briefing and report requirements apply to requests issued and contracts awarded by the Administrator during fiscal years 2019–2032. They do not apply to a management-and-operations contract for a Naval Reactor facility.
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.
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.
The matters described in this subsection, with respect to a contract, are the following:
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.
A description of any key limitations or uncertainties that could affect such costs savings, including costs savings that are anticipated but not fully known.
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.
A description of any disruptions or delays in mission activities or deliverables resulting from the competition for the contract.
A clear and complete description of the benefits expected by the Administrator with respect to mission performance or operations resulting from the competition.
How the competition for the contract complied with the Federal Acquisition Regulation regarding Federally funded research and development centers, if applicable.
The factors considered and processes used by the Administrator to determine—
whether to compete or extend the previous contract; and
which activities at the facility should be covered under the contract rather than under a different contract.
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.
Any other matters the Administrator considers appropriate.
Each briefing required by subsection (a) and report required by subsection (b) shall be prepared in accordance with—
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
best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate.
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).
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.
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.
A comprehensive review of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:
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.
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).
Whether expected benefits of the competition with respect to mission performance or operations have been achieved.
Such other matters as the Comptroller General considers appropriate.
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.
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.
Source credit: (Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2), Dec. 18, 2025, 139 Stat. 1446, 1462.)
- 2025Enacted · Pub. L. 119-60 · 139 Stat. 1446, 1462
A history note hasn’t been published yet. The record shows enactment by Pub. L. 119-60 on 2025-12-18.
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