12 2 STA T .65PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 Of f iceo f Man a g e m en t an dBu dget C i r cu l ar A–76wh ether to con v ert to contractor p erformance an y function of the e x ecutive agency —‘ ‘ ( A )s hall , at least monthly during the development and preparation of the performance wor k statement and the management efficiency study used in making that determina - tion, consult with civilian employees who will b e affected by that determination and consider the views of such employees on the development and preparation of that statement and that study
and ‘‘(B) may consult with such employees on other matters relating to that determination . ‘‘( 2 )(A) I n the case of employees represented by a labor organi z a- tion accorded exclusive recognition under section 7 1 11 of title 5 , U nited S tates Code, consultation with representatives of that labor organization shall satisfy the consultation re q uirement in paragraph (1). ‘‘(B) In the case of employees other than employees referred to in subparagraph (A), consultation with appropriate representa- tives of those employees shall satisfy the consultation requirement in paragraph (1). ‘‘(C) T he head of each executive agency shall prescribe regula- tions to carry out this subsection. The regulations shall include provisions for the selection or designation of appropriate representa- tives of employees referred to in paragraph (2)(B) for purposes of consultation required by paragraph (1). ‘‘(c) C ONGRES S I ON ALN O T I F I C ATION.—(1) Before commencing a public-private competition under subsection (a), the head of an executive agency shall submit to Congress a report containing the following
‘‘(A) The function for which such 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 con- straints or limitations on such employees in terms of man years, end strengths, full-time equivalent positions, or max- imum number of employees. ‘‘(2) The report required under paragraph (1) shall include an examination of the potential economic effect of performance of the function by a contractor on— ‘‘(A) agency civilian employees who would be affected by such a conversion in performance; and ‘‘(B) the local community and the G overnment, if more than 5 0 agency civilian employees perform the function. ‘‘( 3 )(A) A representative individual or entity at a facility where a public-private competition is conducted may submit to the head of the executive agency an ob j ection to the public-private competi- tion on the grounds that the report required by paragraph (1) Certif i ca ti on.R e gul ation s .
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