118 STAT. 2957 PUBLIC LAW 108–447—DEC. 8, 2004 FEDERAL ENERGY REGULATORY COMMISSION SALARIES AND EXPENSES For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, and official reception and representation expenses (not to exceed $3,000), $210,000,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $210,000,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2005 shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as revenues are received during fiscal year 2005 so as to result in a final fiscal year 2005 appropriation from the general fund estimated at not more than $0. GENERAL PROVISIONS DEPARTMENT OF ENERGY SEC. 301. (a)(1) None of the funds in this or any other appropria tions Act for fiscal year 2005 or any previous fiscal year may be used to make payments for a noncompetitive management and operating contract unless the Secretary of Energy has published in the Federal Register and submitted to the Committees on Appro priations 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, when the term of the contract expires. (2) Paragraph (1) 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 competi tively a new contract, to provide continuity of service between contracts, or to complete a contract that will not be renewed. (b) In this section: (1) The term ‘‘noncompetitive management and operating contract’’ means a contract that was awarded more than 50 years ago without competition for the management and oper ation of Ames Laboratory, Argonne National Laboratory, Law rence Berkeley National Laboratory, Lawrence Livermore National Laboratory, and Los Alamos National Laboratory. (2) 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 procedures described in section 303 of the Federal Property and Administrative Serv ices Act of 1949 (41 U.S.C. 253) other than a procedure that solicits a proposal from only one source. (c) For all management and operating contracts other than those listed in subsection (b)(1), none of the funds appropriated by this Act may be used to award a management and operating contract, or award a significant extension or expansion to an existing management and operating contract, unless such contract is awarded using competitive procedures or the Secretary of Energy Federal Register, publication. Notification. 42 USC 7171 note.
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