View all text of Part A [§ 2781 - § 2787]
§ 2787. Cost-benefit analyses for competition of management and operating contracts
(a) Briefings on requests for proposals
(b) Reports after transition to new contracts
(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.
(9) Any other matters the Administrator considers appropriate.
(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 review
(2) Comprehensive review
(A) Determination
(B) Submission
(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 general
(2) Naval reactors
(Pub. L. 107–314, div. D, title XLVIII, § 4807, as added Pub. L. 115–232, div. C, title XXXI, § 3131(a), Aug. 13, 2018, 132 Stat. 2298; amended Pub. L. 118–31, div. C, title XXXI, § 3119, Dec. 22, 2023, 137 Stat. 791.)