50 U.S.C. § 2446 — Treatment of contractors who engage in improper program management
submitted 11 years ago by Pub. L. 106-65 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 309 words · no verdicts yet
When a covered contractor's improper program management harms a specified project or causes a statutory notification, the Secretary or Administrator must report contract-remedy information to Congress. A contract-enforcement action can delay that report if a notice is sent instead.
(a) Unless (b) applies, if the Secretary of Energy or Administrator decides that a covered contractor engaged in improper program management that caused a notification under 50 U.S.C. § 2753 or significantly harmed the cost, scope, or schedule connected with approving critical decision 3 for a project defined in Department of Energy Order 413.3B, the official must send the appropriate congressional committees (1) an explanation of whether terminating the contract is an appropriate remedy, (2) the contract terms on award fees and performance, and (3) how the official plans to exercise contract options.
(b) Exception. If a contract-enforcement action prevents timely submission of that information, the official must notify the committees about the enforcement action and the date the information will be submitted.
(c) Definitions. "Appropriate congressional committees" means the congressional defense committees*, the House Committee on Energy and Commerce, and the Senate Committee on Energy and Natural Resources. "Covered contractor" means (A) an Administration contractor or (B) a contractor for another Energy element involved in nuclear security. This section does not otherwise define the quoted terms.
Except as provided by subsection (b), if the Secretary of Energy or the Administrator determines that a covered contractor engaged in improper program management that resulted in a notification under section 2753 of this title or significantly and detrimentally affected the cost, scope, or schedule associated with the approval of critical decision 3 in the acquisition process for a project (as defined in Department of Energy Order 413.3B (relating to program management and project management for the acquisition of capital assets)), the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees—
an explanation as to whether termination of the contract is an appropriate remedy;
a description of the terms of the contract regarding award fees and performance; and
a description of how the Secretary or the Administrator, as the case may be, plans to exercise options under the contract.
If the Secretary or the Administrator, as the case may be, is not able to submit the information described in paragraphs (1) through (3) of subsection (a) by reason of a contract enforcement action, the Secretary or the Administrator, as the case may be, shall submit to the appropriate congressional committees a notification of such contract enforcement action and the date on which the Secretary or the Administrator, as the case may be, plans to submit the information described in such paragraphs.
In this section:
The term “appropriate congressional committees” means—
the congressional defense committees*; and
the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
The term “covered contractor” means—
a contractor of the Administration; or
a contractor of an element of the Department of Energy (other than the Administration) involved in nuclear security.
Source credit: (Pub. L. 106–65, div. C, title XXXII, § 3247, as added Pub. L. 114–92, div. C, title XXXI, § 3111(c)(1), Nov. 25, 2015, 129 Stat. 1188.)
- 2015Enacted · Pub. L. 106-65 · 129 Stat. 1188
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 2015-11-25.
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