Page:United States Statutes at Large Volume 112 Part 3.djvu/145

 PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 1975 "(iii) In addition to the costs referred to in clause (i), an estimate of all other costs and expenditures that the Government would incur because of the award of such a contract. "(B) An examination of the potential economic effect of performance of the function by the private sector on the following: "(i) Employees of the Department of Defense who would be affected by such a change in performance. "(ii) The local community and the Government, if more than 75 employees of the Department of Defense perform the function. "(C) An examination of the effect of performance of the function by the private sector on the military mission associated with the performance of the function. "(4)(A) A representative individual or entity at a facility where a commercial or industrial type function is analyzed for possible change in performance may submit to the Secretary of Defense an objection to the analysis on the grounds that the report required by paragraph (1) has not been submitted or that the certification required by paragraph (1)(E) is not included in the report submitted as a condition for the analysis. The objection shall be in writing and shall be submitted within 90 days after the following date: "(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. "(B) If the Secretary determines that the report required by paragraph (1) was not submitted or that the required certification was not included in the submitted report, the commercial or industrial type function covered by the analysis to which objected may not be the subject of a solicitation of offers for, or award of, a contract until, respectively, the report is submitted or a report containing the certification in full compliance with the certification requirement is submitted. " (c) NOTIFICATION OF DECISION.— (1) If, as a result of the completion of the examinations under subsection (b)(3), a decision is made to change the commercial or industrial type function that was the subject of the analysis to performance by the private sector, the Secretary of Defense shall submit to Congress a report describing that decision. The report shall contain the following: "(A) An indication that the examinations required under subsection (b)(3) have been completed. "(B) The Secretary certification that the Government 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. "(C) The Secretary's certification that the examination required by subsection (b)(3)(A) as part of the analysis demonstrates that the performance of the function by the private sector will result in savings to the Government over the life of the contract.

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