Page:United States Statutes at Large Volume 118.djvu/391

 118 STAT. 361 PUBLIC LAW 108–199—JAN. 23, 2004 Act may be used to implement, administer, or enforce such final regulations. SEC. 647. (a) LIMITATION ON CONVERSION TO CONTRACTOR PERFORMANCE.—None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of an executive agency, that on or after the date of enact ment of this Act, is performed by more than 10 Federal employees unless— (1) the conversion is based on the result of a public private competition plan that includes a most efficient and cost effective organization plan developed by such activity or function; and (2) the Competitive Sourcing Official considers, as part of the cost or price evaluation, whether over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the executive agency by an amount that equals or exceeds the lesser of— (A) 10 percent of the most efficient organization’s per sonnel related costs for performance of that activity or func tion by Federal employees; or (B) $10,000,000. (b) Not later than 120 days following the enactment of this Act and not later than December 31 of each year thereafter, the head of each executive agency shall submit to Congress a report on the competitive sourcing activities on the list required under the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 31 U.S.C. 501 note) that were performed for such executive agency during the previous fiscal year by Federal Government sources. The report shall include— (1) the total number of competitions completed; (2) the total number of competitions announced, together with a list of the activities covered by such competitions; (3) the total number (expressed as a full time employee equivalent number) of the Federal employees studied under completed competitions; (4) the total number (expressed as a full time employee equivalent number) of the Federal employees that are being studied under competitions announced but not completed; (5) the incremental cost directly attributable to conducting the competitions identified under paragraphs (1) and (2), including costs attributable to paying outside consultants and contractors; (6) an estimate of the total anticipated savings, or a quan tifiable description of improvements in service or performance, derived from completed competitions; (7) actual savings, or a quantifiable description of improve ments in service or performance, derived from the implementa tion of competitions completed after May 29, 2003; (8) the total projected number (expressed as a full time employee equivalent number) of the Federal employees that are to be covered by competitions scheduled to be announced in the fiscal year covered by the next report required under this section; and (9) a general description of how the competitive sourcing decisionmaking processes of the executive agency are aligned with the strategic workforce plan of that executive agency. Deadline. Reports. 31 USC 501 note.

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