Page:United States Statutes at Large Volume 117.djvu/1463

 117 STAT. 1444

PUBLIC LAW 108–136—NOV. 24, 2003 employees will be selected to receive the training, and the number of employees likely to receive the training. (6) The plans of the Department to collect and analyze data on the costs and quality of work contracted out or retained in-house as a result of a sourcing process conducted under the revised circular.

10 USC 2461 note.

Deadline.

VerDate 11-MAY-2000

10:15 Aug 27, 2004

SEC. 336. PILOT PROGRAM FOR BEST-VALUE SOURCE SELECTION FOR PERFORMANCE OF INFORMATION TECHNOLOGY SERVICES.

(a) AUTHORITY TO USE BEST-VALUE CRITERION.—The Secretary of Defense may carry out a pilot program for the procurement of information technology services for the Department of Defense that uses a best-value criterion in the selection of the source for the performance of the information technology services. (b) REQUIRED EXAMINATION UNDER PILOT PROJECT.—Under the pilot program, the Secretary of Defense shall modify the examination otherwise required by section 2461(b)(3)(A) of title 10, United States Code, to be an examination of the performance of an information technology services function by Department of Defense civilian employees and by one or more private contractors to demonstrate whether— (1) a change to performance by the private sector will result in the best value to the Government over the life of the contract, as determined in accordance with the competition requirements of Office of Management and Budget Circular A–76; and (2) certain benefits exist, in addition to price, that warrant performance of the function by a private sector source at a cost higher than that of performance by Department of Defense civilian employees. (c) EXEMPTION FOR PILOT PROGRAM.—Section 2462(a) of title 10, United States Code, does not apply to the procurement of information technology services under the pilot program. (d) DURATION OF PILOT PROGRAM.—(1) The authority to carry out the pilot program begins on the date on which the Secretary of Defense submits to Congress the report on the effect of the recent revisions to Office of Management and Budget Circular A– 76, as required by section 335 of this Act, and expires on September 30, 2008. (2) The expiration of the pilot program shall not affect the selection of the source for the performance of an information technology services function for the Department of Defense for which the analysis required by section 2461(b)(3) of title 10, United States Code, has been commenced before the expiration date or for which a solicitation has been issued before the expiration date. (e) GAO REVIEW.—Not later than February 1, 2008, the Comptroller General shall submit to Congress a report containing— (1) a review of the pilot program to assess the extent to which the pilot program is effective and is equitable for the potential public sources and the potential private sources of information technology services for the Department of Defense; and (2) any other conclusions of the Comptroller General resulting from the review. (f) INFORMATION TECHNOLOGY SERVICE DEFINED.—In this section, the term ‘‘information technology service’’ means any service

Jkt 019194

PO 00000

Frm 00396

Fmt 6580

Sfmt 6581

D:\STATUTES\2003\19194PT2.001

APPS10

PsN: 19194PT2

�