123STA T . 22 5 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9SEC.32 2. TIM E L IMIT A TI ON ON DUR ATION O FP U B LIC - PRI V ATE COM- PETITIONS. (a)TIMEL IMI TA TI ON.—Section2461 (a) o f tit l e1 0,U nite d State sC ode, as a m ended by section 3 21,isf ur t h er amended by addin g at the end the follo w ing new p aragraph
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‘( 5 )( A ) Ex cept as pro v ided in subparagraph ( B ), the duration of a public - private competition conducted pursuant to O ffice of M anagement and Budget Circular A- 7 6 or any other provision of law for any function of the D epartment of Defense performed by Department of Defense civilian employees may not exceed a period of 24 months, commencing on the date on which the prelimi- nary planning for the public-private competition begins and ending on the date on which a performance decision is rendered with respect to the function. ‘‘(B)(i) The Secretary of Defense may specify an alternative period of time for a public-private competition, which may not exceed 33 months, if the Secretary— ‘‘( I ) determines that the competition is of such complexity that it cannot be completed within 24 months
and ‘‘(II) submits to Congress, as part of the formal congres- sional notification of a public-private competition pursuant to subsection (c), written notification that explains the basis of such determination. ‘‘(ii) The notification under clause (i)(II) shall also address each of the following: ‘‘(I) Any efforts of the Secretary to brea k up the study geographically or functionally. ‘‘(II) The Secretary ’ s j ustification for undertaking a public- private competition instead of using internal reengineering alternatives. ‘‘(III) The cost savings that the Secretary expects to achieve as a result of the public-private competition. ‘‘(iii) If the Secretary specifies an alternative time period under this subparagraph, the alternative time period shall be binding on the Department in the same manner and to the same extent as the limitation provided in subparagraph (A). ‘‘(C) The time period specified in subparagraph (A) for a public- private competition does not include any day during which the public-private competition is delayed by reason of the filing of a protest before the G overnment Accountability Office or a com- plaint in the United States Court of F ederal Claims up until the day the decision or recommendation of either authority becomes final. In the case of a protest before the Government Accountability Office, the recommendation becomes final after the period of time for filing a re q uest for reconsideration, or if a request for reconsider- ation is filed, on the day the Government Accountability Office issues a decision on the reconsideration. ‘‘(D) If a protest with respect to a public-private competition before the Government Accountability Office or the United States Court of Federal Claims is sustained, and the recommendation is final as described in subparagraph (C), and if such protest and recommendation result in an unforeseen delay in implementing a final performance decision, the Secretary of Defense may termi- nate the public-private competition or extend the period of time specified for the public-private competition under subparagraph (A) or subparagraph (B). If the Secretary decides not to terminate a competition, the Secretary shall submit to Congress written notice Notice. Noti f ic a tio n . D ete rm ination.
