NDAA for Fiscal Year 2012

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TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle B--Program Authorizations, Restrictions, and Limitations
P. L. 112-	House Conference Report 112-705
SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUATIONS BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION LEADING TO AWARD FEES. (a) Publication Required- (1) IN GENERAL- Subtitle A of title XLVIII of the Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is amended by adding at the end the following new section: `SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE EVALUATIONS LEADING TO AWARD FEES. `(a) In General- The Administrator shall take appropriate actions to make available to the public, to the maximum extent practicable, contractor performance evaluations conducted by the Administration of management and operating contractors of the nuclear security enterprise that results in the award of an award fee to the contractor concerned. `(b) Format- Performance evaluations shall be made public under this section in a common format that facilitates comparisons of performance evaluations between and among similar management and operating contracts.'. (2) CLERICAL AMENDMENT- The table of contents at the beginning of such Act is amended by inserting after the item relating to section 4803 the following new items: `Sec. 4804. Notice-and-wait requirement applicable to certain third-party financing arrangements. `Sec. 4805. Publication of contractor performance evaluations leading to award fees.'. (b) Effective Date- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to contractor performance evaluations conducted by the National Nuclear Security Administration on or after that date.	Transparency in contractor performance evaluations by the National Nuclear Security Administration leading to award fees (sec. 3117) The House bill contained a provision (sec. 3157) that expressed the sense of Congress that the use of competition of management and operating contracts at the National Nuclear Security Administration (NNSA) has resulted in significant increases in award fees to the contractors and that the NNSA Administrator should ensure that such fees are as low as possible while maintaining the focus on national service and attracting high quality contractors. The Senate amendment contained a similar provision (sec. 3117) that would require the NNSA Administrator to publish, to the maximum extent practicable, the performance evaluations developed by its site offices that result in award fees to contractors. The provision also requires that future publications of performance evaluations adhere to a common format to facilitate comparisons of evaluations between similar contracts. The House recedes with a clarifying amendment. The conferees direct the NNSA Administrator to provide a report to Congress not later than 180 days after the date of enactment of this Act regarding how the NNSA ensures the fees to its management and operating contractors are as low as possible while maintaining focus on national service and attracting high quality contractors to operate its laboratories and facilities.
	House Report 112-479
	SECTION 3157--SENSE OF CONGRESS ON COMPETITION AND FEES RELATED TO THE MANAGEMENT AND OPERATING CONTRACTS OF THE NUCLEAR SECURITY ENTERPRISE This section would express a sense of Congress that: (1) in the past decade, competition of the management and operating contracts for the national security laboratories has resulted in significant increases in fees paid to the contractors--funding that otherwise could be used to support programs and mission activities of the National Nuclear Security Administration; (2) competition of the management and operating contracts of the nuclear security enterprise is an important mechanism to help realize cost savings, seek efficiencies, improve performance, and hold contractors accountable; (3) when the Administrator for Nuclear Security considers it appropriate to achieve these goals, the Administrator should conduct competition of these contracts while recognizing the unique nature of federally funded research and development centers; and (4) the Administrator should ensure that fixed fees and performance-based fees contained in management and operating contracts are as low as possible to maintain a focus on national service while attracting high-quality contractors and achieving the goals of the competition.
	Senate Report 112-173
	Transparency in contractor performance evaluations by the National Nuclear Security Administration leading to award fees (sec. 3117) The committee recommends a provision that would require the Administrator of the National Nuclear Security Administration to publish to the maximum extent practicable the performance evaluations developed by its site offices that result in award fees to the contractor. The provision also requires that future performance evaluations adhere to a common format so that Congress and the public can compare these evaluations between similar management contracts.

SEC. 3117. TRANSPARENCY IN CONTRACTOR PERFORMANCE EVALUATIONS BY THE NATIONAL NUCLEAR SECURITY ADMINISTRATION LEADING TO AWARD FEES.

`SEC. 4805. PUBLICATION OF CONTRACTOR PERFORMANCE EVALUATIONS LEADING TO AWARD FEES.