(a)
(1)
(A) formally compares the cost of performance of the function by agency civilian employees with the cost of performance by a contractor;
(B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A76, as implemented on May 29, 2003, or any successor circular;
(C) includes the issuance of a solicitation;
(D) determines whether the submitted offers meet the needs of the executive agency with respect to factors other than cost, including quality, reliability, and timeliness;
(E) examines the cost of performance of the function by agency civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Federal Government over the life of the contract, including-
(i) the estimated cost to the Federal Government (based on offers received) for performance of the function by a contractor;
(ii) the estimated cost to the Federal Government for performance of the function by agency civilian employees; and
(iii) an estimate of all other costs and expenditures that the Federal Government would incur because of the award of the contract;
(F) requires continued performance of the function by agency civilian employees unless the difference in the cost of performance of the function by a contractor compared to the cost of performance of the function by agency civilian employees would, over all performance periods required by the solicitation, be equal to or exceed the lesser of-
(i) 10 percent of the personnel-related costs for performance of that function in the agency tender; or
(ii) $10,000,000; and
(G) examines the effect of performance of the function by a contractor on the agency mission associated with the performance of the function.
(2)
(3)
(A) modified, reorganized, divided, or in any way changed for the purpose of exempting the conversion of the function from the requirements of this section; or
(B) converted to performance by a contractor to circumvent a civilian personnel ceiling.
(b)
(1)
(A) shall, at least monthly during the development and preparation of the performance work statement and the management efficiency study used in making that determination, consult with civilian employees who will be affected by that determination and consider the views of the employees on the development and preparation of that statement and that study; and
(B) may consult with the employees on other matters relating to that determination.
(2)
(A)
(B)
(3)
(c)
(1)
(A) The function for which the public-private competition is to be conducted.
(B) The location at which the function is performed by agency civilian employees.
(C) The number of agency civilian employee positions potentially affected.
(D) The anticipated length and cost of the public-private competition, and a specific identification of the budgetary line item from which funds will be used to cover the cost of the public-private competition.
(E) A certification that a proposed performance of the function by a contractor is not a result of a decision by an official of an executive agency to impose predetermined constraints or limitations on agency civilian employees in terms of man years, end strengths, full-time equivalent positions, or maximum number of employees.
(2)
(A) agency civilian employees who would be affected by such a conversion in performance; and
(B) the local community and the Federal Government, if more than 50 agency civilian employees perform the function.
(3)
(A)
(i) the report required by paragraph (1) has not been submitted; or
(ii) the certification required by paragraph (1)(E) was not included in the report required by paragraph (1).
(B)
(i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure.
(ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress.
(C)
(d)
(1) included on the procurement list established pursuant to section 8503 of this title; or
(2) planned to be changed to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely disabled people in accordance with chapter 85 of this title.
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1710 | 41:439. |
|
In the heading for subsection (d) and in subsection (d)(2), the words "disabled people" are substituted for "handicapped persons" for consistency with chapter 85 of the revised title.