Page:United States Statutes at Large Volume 119.djvu/2524

 119 STAT. 2506

Contracts. Procedures.

Pay increase. Effective date. 5 USC 5303 note.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–115—NOV. 30, 2005

SEC. 842. (a) REQUIREMENT FOR PUBLIC-PRIVATE COMPETITION.— (1) Notwithstanding any other provision of law, none of the funds appropriated by this or any other Act shall be available to convert to contractor performance an activity or function of an executive agency, that on or after the date of enactment of this Act, is performed by more than 10 Federal employees unless— (A) the conversion is based on the result of a publicprivate competition that includes a most efficient and cost effective organization plan developed by such activity or function; and (B) the Competitive Sourcing Official determines that, 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— (i) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or (ii) $10,000,000. (2) This paragraph shall not apply to— (A) the Department of Defense; (B) section 44920 of title 49, United States Code; (C) a commercial or industrial type function that— (i) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47); or (ii) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; (D) depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code; or (E) activities that are the subject of an ongoing competition that was publicly announced prior to the date of enactment of this Act. (b) USE OF PUBLIC-PRIVATE COMPETITION.—Nothing in Office of Management and Budget Circular A–76 shall prevent the head of an executive agency from conducting a public-private competition to evaluate the benefits of converting work from contract performance to performance by Federal employees in appropriate instances. The Circular shall provide procedures and policies for these competitions that are similar to those applied to competitions that may result in the conversion of work from performance by Federal employees to performance by a contractor. SEC. 843. (a) The adjustment in rates of basic pay for employees under the statutory pay systems that takes effect in fiscal year 2006 under sections 5303 and 5304 of title 5, United States Code, shall be an increase of 3.1 percent, and this adjustment shall apply to civilian employees in the Department of Defense and the Department of Homeland Security and such adjustments shall be effective as of the first day of the first applicable pay period beginning on or after January 1, 2006.

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