PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3197
‘‘(2) The report required under paragraph (1) shall include an examination the potential economic effect of performance of the function by a contractor on— ‘‘(A) Department of Defense civilian employees who would be affected by such a conversion in performance; and ‘‘(B) the local community and the Government, if more than 50 Department of Defense civilian employees perform the function.’’; (3) by redesignating paragraph (4) as paragraph (3); and (4) in paragraph (3), as so redesignated— (A) in subparagraph (A)— (i) by striking ‘‘where a commercial’’ and all that follows through ‘‘performance’’ and inserting ‘‘where a public-private competition is conducted’’; and (ii) by striking ‘‘the analysis’’ both places it appears and inserting ‘‘the public private competition’’; and (B) in subparagraph (B), by striking ‘‘the commercial’’ and all that follows through ‘‘to which objected’’ and inserting ‘‘the function for which the public-private competition was conducted for which the objection was submitted’’. (c) CONSOLIDATION AND RESTATEMENT OF REPORTING PROVISIONS.— (1) CONSOLIDATION AND RESTATEMENT.—Section 2462 of such title is amended to read as follows:
10 USC 2462.
‘‘§ 2462. Reports on public-private competition ‘‘(a) REPORT ON PUBLIC-PRIVATE COMPETITION RESULTS.—(1) Upon the completion of a public-private competition under section 2461 of this title, the Secretary of Defense shall submit to Congress a report containing the results of the public-private competition required by subsection (a) of such section. ‘‘(2) Each report under this subsection shall include the following: ‘‘(A) The date on which the public-private competition was commenced. ‘‘(B) The number of Department of Defense civilian employees who were performing the function when the publicprivate competition was commenced and the number of such employees whose employment was or will be terminated or otherwise affected by converting to performance of the function by a contractor or by implementation of the most efficient organization of the function. ‘‘(C) The Secretary’s certification that the Government’s calculation of the cost of performance of the function by Department of Defense civilian employees is based on an estimate of the most cost effective manner for performance of the function by Department of Defense civilian employees that meets the needs of the Department with respect to factors other than cost, including quality and reliability. ‘‘(D) The Secretary’s certification that the public-private competition did not include any predetermined personnel constraint or limitation in terms of man years, end strength, full-time equivalent positions, or maximum number of employees. ‘‘(E) The Secretary’s certification that the entire publicprivate competition is available for examination.
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