Sec. 3114. Contract for mixed-oxide fuel fabrication facility construction project
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/bill/114/s/2943/es/section-3114·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after the date of the enactment of this Act, the Secretary of Energy shall enter into an arrangement pursuant to sections 1535 and 1536 of title 31, United States Code, with the Chief of Engineers to act as an owner's agent with respect to the following: Assessing the contractual, technical, and managerial risks for the Department of Energy and the contractor responsible for the mixed-oxide fuel fabrication facility at the Savannah River Site, Aiken, South Carolina, as of such date of enactment.
Assessing what elements of the contract in effect on such date of enactment between the Department of Energy and that contractor can be changed to— a fixed price provision; a fixed price incentive fee provision; or another contractual mechanism designed to minimize risk to the Department of Energy while reducing cost. Assessing the options under paragraph (2), including milestones, cost, schedules, and any damage fees for those options. Making recommendations on changes to the contract, based on the assessments described in paragraphs (1), (2), and (3), to reduce risk and cost to the Department of Energy while preserving a fair and reasonable contract.
For each element of the contract that the Chief of Engineers does not recommend be changed pursuant to paragraph (4), an assessment of the risks and costs associated with that element and a description of why that element is not appropriate for the provision types described in paragraph (2). In acting as an owner's agent under subsection (a), the Chief of Engineers shall consult with the Secretary of Energy, the contractor described in subsection (a)(1), and other knowledgeable parties, as appropriate.
Not later than 30 days after entering into the arrangement under subsection (a), the Chief of Engineers shall submit to the Secretary of Energy a report on the matters assessed under that subsection. Not later than 60 days after receiving the report required by subsection (c), the Secretary of Energy shall transmit to the congressional defense committees and the Comptroller General of the United States— the report; any comments of the Secretary with respect to the report; a determination of whether the contractor described in subsection (a)(1) will or will not agree to the revisions to the contract recommended by the Chief of Engineers and offered by the Secretary to the contractor; and if the contractor will not agree to such revisions, a description of the reasons given for not agreeing to such revisions.
Not later than 30 days after receiving the report and other matters under subsection (d), the Comptroller General of the United States shall submit to the congressional defense committees an assessment of the actions taken by the Secretary of Energy under this section.