119 STAT. 3196
PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(i) the estimated cost to the Government (based on offers received) for performance of the function by a contractor; ‘‘(ii) the estimated cost to the Government for performance of the function by Department of Defense civilian employees; and ‘‘(iii) an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract; ‘‘(F) requires continued performance of the function by Department of Defense 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 Department of Defense 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 military mission associated with the performance of the function. ‘‘(2) A function that is performed by the Department of Defense and is reengineered, reorganized, modernized, upgraded, expanded, or changed to become more efficient, but still essentially provides the same service, shall not be considered a new requirement. ‘‘(3) In no case may a function being performed by Department of Defense personnel be— ‘‘(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) CONGRESSIONAL NOTIFICATION.—Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking ‘‘to analyze’’ and all that follows through ‘‘private sector’’ and inserting ‘‘a public-private competition under subsection (a)’’; (B) in subparagraph (A), by striking ‘‘to be analyzed for possible change’’ and inserting ‘‘for which such publicprivate competition is to be conducted’’; (C) in subparagraph (C), by inserting ‘‘Department of Defense’’ before ‘‘civilian employee’’; (D) in subparagraph (D), by striking ‘‘the analysis’’ both places it appears and inserting ‘‘the public-private competition’’; and (E) in subparagraph (E)— (i) by striking ‘‘commercial or industrial type’’ before ‘‘function’’; and (ii) by striking ‘‘persons who are not civilian employees of the Department of Defense’’ and inserting ‘‘a contractor’’; (2) by striking paragraphs (2) and (3) and inserting the following new paragraph (2):
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