S.Amdt. 557

1. Rewrites the text S.Amdt. 530 would insert

   Rewrites S.Amdt. 530In place of the text S.Amdt. 530 would insert

   In S.Amdt. 530 as proposed

   Struck: Sec. 6023.(a) Not later than September 30, 2005, the Department of Energy and the Small Business Administration shall enter into a memorandum of understanding setting forth an appropriate methodology for measuring the achievement of the Department of Energy with respect to awarding contracts to small businesses.

   Struck: (b) In recognition of the historical and successful practice by the Department of Energy of operating many of its facilities and sites through management and operating contractors who subcontract significant amounts of work to small businesses, the methodology set forth in the memorandum of understanding entered into under subsection (a) shall, at a minimum, include--

   Struck: (1) a method of counting the achievement of the Department of Energy in awarding--

   Struck: (A) prime contracts; and

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   Struck: (B) subcontracts to small businesses awarded by Department of Energy management and operating, management and integration, and other facility management prime contractors;

   Struck: (2) uniform criteria that could be used by prime contractors described under paragraph (1)(B) when measuring the value of subcontracts awarded to small businesses; and

   Struck: (3) prime contract provisions that could impose certain requirements on prime contractors described under paragraph (1)(B), such as prompt payment requirements, with respect to the administration of subcontracts awarded to small businesses that, when such provisions were included within a prime contract, the Department of Energy could count the subcontracts awarded under such prime contract toward its small business contracting goals established pursuant to Section 15(g) of the Small Business Act (15 U.S.C. 644(g)).

   Inserted: Sec. 6023. (a) Not later than January 31, 2006, the Comptroller General of the United States and the Chief Counsel for Advocacy of the Small Business Administration shall each conduct a study, in consultation with each other and with the Administrator of the Small Business Administration and the Secretary of Energy, regarding the feasibility of--

   Inserted: (1) changing the management and operating contracts and other similar facilities management contracts between the Department of Energy and its prime contractors, which are other than small business concerns, for the purpose of rendering such prime contractors agents of the Department of Energy in accordance with the standards established in U.S. West Communications Services, Inc. v. United States, 940 F.2d 622 (Fed. Cir. 1991) and related judicial precedent;

   Inserted: (2) instituting adequate policies, regulations, procedures, and practices to ensure that prime contractors, which are other than small business concerns and which have entered into the management and operating contracts and other similar facilities management contracts with the Department of Energy, treat small businesses seeking to do business with the Department of Energy through such prime contractors according to the "federal norm", as recognized by the Comptroller General of the United States;

   Inserted: (3) recognizing subcontracts awarded by the prime contractors, which have entered into the management and operating contracts and other similar facilities management contracts proposed to be changed based on the findings under paragraph (1), as prime contracts for all purposes;

   Inserted: (4) instituting policies, regulations, procedures, and practices adequate to ensure that small business contracts awarded by the prime contractors acting as agents for the Department of Energy under the standards described in paragraphs (1) and (2) are treated as Federal prime contracts for all purposes; and

   Inserted: (5) ensuring that the Department of Energy's prime contractors can simultaneously continue to award, and small businesses can simultaneously continue to receive, subcontracts not subject to treatment or recognition as prime contracts.

   Inserted: (b) The Comptroller General of the United States and the Chief Counsel for Advocacy of the Small Business Administration, in conducting their respective studies under subsection (a) shall consider the impact of--

   Inserted: (1) the changes studied on accountability, integrity, competition, and sound management practices at the Department of Energy and its facilities managed by prime contractors; and

   Inserted: (2) the agency relationship between the Department of Energy and some of its prime contractors on the ability of small businesses to compete for government business.

   Inserted: (c) The Comptroller General and the Chief Counsel for Advocacy of the Small Business Administration shall separately report their findings to--

   Inserted: (1) the Committee on Energy and Natural Resources, the Committee on Homeland Security and Governmental Affairs, and the Committee on Small Business and Entrepreneurship of the Senate; and

   Inserted: (2) the Committee on Energy and Commerce, the Committee on Government Reform, and the Committee on Small Business of the House of representatives.

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   Inserted: (d) The Secretary of Energy may, until January 31, 2006--

   Inserted: (1) make changes to contracts, including the management and operating contracts and other similar facilities management contracts between the Department of Energy and its prime contractors, which are other than small business concerns, consistent with those changes being studied under subsection (a); and

   Inserted: (2) implement policies, regulations, procedures, and practices consistent with those being studied under subsection (a).

   Original wording

   In lieu of the matter proposed to be inserted, insert the following:

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As printed