Pub. L. 108-447, div. C, tit. III, sec. 312

Sec. 312. The Department of Energy may use the funds appropriated by this Act to undertake any procurement action necessary 118 STAT. 2960 to achieve its small business contracting goals set forth in subsection (g) of the Small Business Act, 15 U.S.C. 644(g): Provided, That, none of the funds appropriated by this Act may be used by the Department of Energy for procurement actions resulting from the break-out of requirements from current facility management and operating contracts unless, consistent with requirements of Subpart 19.4 of the Federal Acquisition Regulation, the Secretary of Energy or his duly authorized designee formally requests, considers, and renders an appropriate decision on the views of the Small Business Administration Breakout Procurement Center Representative or the Representative’s duly authorized designee concerning cost effectiveness, mission performance, security, safety, small business participation, and other legitimate acquisition objectives of procurement actions at issue. No later than April 1, 2005, the Secretary of Energy shall submit a report to the Comptroller General and to Congress discussing the Secretary’s plans required by section 15(h) of the Small Business Act, 15 U.S.C. 644(h), for meeting the Department’s statutory small business contracting goals while taking into account other legitimate acquisition objectives. In preparing the report, the Secretary shall request and consider the views of the Administrator of the Small Business Administration and the Director of the Office of Small and Disadvantaged Business Utilization of the Department of Energy. The report shall discuss the Department’s policies and activities concerning break-outs of procurement requirements from current management and operating contracts, consistent with requirements of this Act, section 15(h) of the Small Business Act, and Subpart 19.4 of the Federal Acquisition Regulations.