CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.

SEC. 856. CONTRACTING WITH EMPLOYERS OF PERSONS WITH DISABILITIES.(a) Inapplicability of Certain Laws.—(1) Inapplicability of the randolph-sheppard act to contracts and subcontracts for military dining facility support services covered by javits-wagner-o’day act.—The Randolph-Sheppard Act (20 U.S.C. 107 et seq.) does not apply to full food services, mess attendant services, or services supporting the operation of a military dining facility that, as of the date of the enactment of this Act, were services on the procurement list established under section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47).(2) Inapplicability of the javits-wagner-o’day act to contracts for the operation of a military dining facility.—(A) The Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) does not apply at the prime contract level to any contract entered into by the Department of Defense as of the date of the enactment of this Act with a State licensing agency under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) for the operation of a military dining facility.(B) The Javits-Wagner-O’Day Act shall apply to any subcontract entered into by a Department of Defense contractor for full food services, mess attendant services, and other services supporting the operation of a military dining facility.(3) Repeal of superseded law.—Subsections (a) and (b) of section 853 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 2021) are repealed.(b) Review and Report by Comptroller General of Randolph-Sheppard and Javits-Wagner-O’Day Contracts.—(1) In general.—The Comptroller General shall conduct a review of a representative sample of food service contracts 120 STAT. 2348 described in paragraph (2) and determine in writing the following:(A) Differences in operational procedures and administration of contracts awarded by the Department of Defense under the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.) on a State-by-State basis with regard to the relationship between State licensing agencies and blind vendors.(B) Differences in competition, source selection, and management processes and procedures for contracts awarded by the Department under the Randolph-Sheppard Act and the Javits-Wagner-O’Day Act, including a review of the average total cost of contract awards and compensation packages to all beneficiaries.(C) Precise methods used to determine whether a price is fair and reasonable under contracts awarded by the Department under the Randolph-Sheppard Act and the Javits-Wagner-O’Day Act, as required under the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.(2) Contracts covered.—For purposes of the review under paragraph (1), a food service contract described in this paragraph is a contract—(A) for full food services, mess attendant services, or services supporting the operation of all or any part of a military dining facility;(B) that was awarded under either the Randolph-Sheppard Act or the Javits-Wagner-O’Day Act; and(C) that is in effect on the date of the enactment of this Act.(3) Report.—Not later than March 1, 2007, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review conducted under this subsection, with such findings and recommendations as the Comptroller General considers appropriate.(c) Requirements for Inspectors General of Department of Defense and Department of Education.—(1) Review of management procedures.—Not later than March 1, 2007, the Inspector General of the Department of Defense and the Inspector General of the Department of Education shall jointly review the management procedures under both the Randolph-Sheppard Act (20 U.S.C. 107 et seq.) and the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.). In carrying out this paragraph, the Inspectors General shall each have access to the following:(A) Memoranda on program management and the basis for contract award under the programs.(B) Guidance sent to State agencies on administration of the programs.(C) Names of participating vendors, as well as qualifying experience and educational background of such vendors.(2) Memorandum of understanding between inspectors general.—Not later than 60 days after the date of the enactment of this Act, the Inspector General of the Department of Defense and the Inspector General of the Department of 120 STAT. 2349 Education shall enter into a memorandum of understanding with each other to carry out paragraph (1).(3) Report.—Not later than one year after the date of enactment of this Act, the Inspector General of the Department of Defense and the Inspector General of the Department of Education shall jointly submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the review required by paragraph (1). The report shall include—(A) findings of the Inspectors General regarding the management procedures reviewed; and(B) such other information and recommendations as the Inspectors General consider appropriate.(d) Definitions.—In this section:(1) The term “State licensing agency” means any agency designated by the Secretary of Education under section 2(a)(5) of the Randolph-Sheppard Act (20 U.S.C. 107a(a)(5)).(2) The term “military dining facility” means a facility owned, operated, leased, or wholly controlled by the Department of Defense and used to provide dining services to members of the Armed Forces, including a cafeteria, military mess hall, military troop dining facility, or any similar dining facility operated for the purpose of providing meals to members of the Armed Forces.