[Federal Register: January 27, 2004 (Volume 69, Number 17)]
[Notices]               
[Page 3904]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ja04-50]                         

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DEPARTMENT OF ENERGY

Office of the Secretary

 
Decision To Compete Management and Operating Contracts for Los 
Alamos National Laboratory, Ames National Laboratory, Lawrence Berkeley 
National Laboratory, Argonne National Laboratory, and Lawrence 
Livermore National Laboratory

    Section 301(a) of the Energy and Water Development Appropriations 
Act, 2004, Public Law 108-137, provides that none of the funds 
appropriated for fiscal year 2004 or any previous fiscal year may be 
used for a ``noncompetitive management and operating contract'' unless 
the Secretary of Energy, within 60 days of enactment of the Act, 
publishes in the Federal Register and submits to the Appropriation 
Committees of the House of Representatives and the Senate ``a written 
notification, with respect to each such contract, of the Secretary's 
decision to use competitive procedures for the award of the contract, 
or to not renew the contract, once the term of the contract expires.'' 
Pursuant to section 301(a)(3), this requirement does not apply to ``an 
extension for up to 2 years of a noncompetitive management and 
operating contract, if the extension is for purposes of allowing time 
to award competitively a new contract, to provide continuity of service 
between contracts, or to complete a contract that will not be 
renewed.''
    Paragraph (b)(1) of section 301 identifies the noncompetitive 
management and operating contracts subject to Secretarial review and 
decision as the contracts for the management and operation of Ames 
Laboratory, Argonne National Laboratory, Lawrence Berkeley National 
Laboratory, Lawrence Livermore National Laboratory, and Los Alamos 
National Laboratory. For purposes of section 301, paragraph (b)(2) of 
section 301 provides that the term ``competitive procedures'' has ``the 
meaning provided in section 4 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 403) and includes the procedures described in 
section 303 of the Federal Property and Administrative Services Act of 
1949 (41 U.S.C. 253) other than a procedure that solicits a proposal 
from only one source.''
    Public Law 108-137 was enacted on December 1, 2003. Well before 
that time, on April 30, 2003, I announced my decision to use 
competitive procedures to award the Los Alamos National Laboratory 
management and operating contract when its term expires. In addition, I 
hereby announce my decision to use competitive procedures described in 
section 301 to award the Ames Laboratory, Argonne National Laboratory, 
Lawrence Berkeley National Laboratory, and Lawrence Livermore National 
Laboratory management and operating contracts. Decisions concerning the 
precise timing and form that these competitions will take are still 
under consideration and will be made in accordance with applicable law 
and regulation.

    Dated: January 21, 2004.
Spencer Abraham,
Secretary of Energy.
[FR Doc. 04-1655 Filed 1-26-04; 8:45 am]

BILLING CODE 6450-01-P