Page:United States Statutes at Large Volume 121.djvu/2050

 PUBLIC LAW 110–161—DEC. 26, 2007

121 STAT. 2029

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Government Appropriations Act, 2009. The Director of the Office of Management and Budget shall mandate the necessary transfers after determining an equitable allocation between the appropriate executive departments and agencies of the responsibility for funding the continuous operation of the Midway Atoll Airfield based on, but not limited to, potential use, interest in maintaining aviation safety, and applicability to governmental operations and agency mission. The total funds transferred or reimbursed shall not exceed $6,000,000 for any twelve-month period. Such sums shall be sufficient to ensure continued operation of the airfield throughout the period cited above. Funds shall be available for operation of the airfield or airfield-related capital upgrades. The Director of the Office of Management and Budget shall notify the Committees on Appropriations of such transfers or reimbursements within 15 days of this Act. Such transfers or reimbursements shall begin within 30 days of enactment of this Act. SEC. 739. (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; (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; and (C) the contractor does not receive an advantage for a proposal that would reduce costs for the Federal Government by— (i) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; (ii) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Federal Government for health benefits for civilian employees under chapter 89 of title 5, United States Code; or (iii) offering to such workers a retirement benefit that in any year costs less than the annual retirement cost factor applicable to Federal employees under chapter 84 of title 5, United States Code. (2) This paragraph shall not apply to— (A) the Department of Defense;

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