Sec. 3121. COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS

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## SEC. 3121 COST-BENEFIT ANALYSES FOR COMPETITION OF MANAGEMENT AND OPERATING CONTRACTS ###

(a)Reports Required The Administrator for Nuclear Security shall submit to the congressional defense committees a report described in subsection

(b)by not later than 30 days after the later of— ####

(1)the date on which the Administrator awards a contract to manage and operate a facility of the National Nuclear Security Administration; or ####

(2)the date on which a protest concerning an alleged violation of a procurement statute or regulation brought under subchapter V of chapter 35 of title 31, United States Code, with respect to such a contract is resolved. ###

(b)Report Described A report described in this subsection is a report on a contract described by subsection

(a)that includes— ####

(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 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 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; and ####

(9)any other matters the Administrator considers appropriate. ###

(c)Information Quality A report required by subsection

(a)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 information on each matter required to be included in the report under subsection (b); and ####

(2)best practices of the Government Accountability Office and relevant industries for cost estimating, if appropriate. ###

(d)Review by Comptroller General of the United States ####

(1)Initial review Except as provided in paragraph (3), the Comptroller General of the United States shall provide a briefing to the congressional defense committees that includes a review of each report required by subsection

(a)not later than 180 days after the report is submitted to such committees. ####

(2)Comprehensive review Except as provided in paragraph (3), the Comptroller General shall submit to the congressional defense committees a review of each report required by subsection

(a)with respect to a contract not later than 3 years after the report is submitted to such committees that includes an assessment, based on the most current information available, of the following: #####

(A)The actual cost savings achieved compared to cost savings estimated under subsection (b)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded. #####

(B)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 (b)(4). #####

(C)Whether expected benefits of the competition with respect to mission performance or operations have been achieved. #####

(D)Such other matters as the Comptroller General considers appropriate. ####

(3)Exception The Comptroller General may not conduct a review under paragraph

(1)or

(2)of a report relating to a contract to manage and operate a facility of the National Nuclear Security Administration while a protest described in subsection (a)(2) is pending with respect to that contract. ###

(e)Applicability ####

(1)In general The requirement for reports under subsection

(a)shall apply with respect to a contract described by such subsection that is awarded by the Administrator during fiscal years 2013 through 2018. ####

(2)Naval reactors The requirement for reports under subsections

(a)shall not apply with respect to a management and operations contract for a Naval Reactor facility.