Page:United States Statutes at Large Volume 124.djvu/3741

 124 STAT. 3715 PUBLIC LAW 111–350—JAN. 4, 2011 (b) LIMITATION ON PAYMENT FOR ADVISORY AND ASSISTANCE SERV- ICES.—No individual who is not an individual described in sub- section (a) may be paid by an executive agency for services to conduct evaluations or analyses of any aspect of a proposal sub- mitted for an acquisition unless personnel described in subsection (a) with adequate training and capabilities to perform the evalua- tions and analyses are not readily available in the agency or another Federal agency. When administering this subsection, the head of each executive agency shall determine in accordance with standards and procedures prescribed in the Federal Acquisition Regulation whether— (1) a sufficient number of personnel described in subsection (a) in the agency or another Federal agency are readily avail- able to perform a particular evaluation or analysis for the head of the executive agency making the determination; and (2) the readily available personnel have the training and capabilities necessary to perform the evaluation or analysis. (c) CERTAIN RELATIONSHIP NOT AFFECTED.—This section does not affect the relationship between the Federal Government and a Federally funded research and development center. § 1710. Public-private competition required before conver- sion to contractor performance (a) PUBLIC-PRIVATE COMPETITION.— (1) WHEN CONVERSION TO CONTRACTOR PERFORMANCE IS ALLOWED.—A function of an executive agency performed by 10 or more agency civilian employees may not be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private com- petition that— (A) formally compares the cost of performance of the function by agency civilian employees with the cost of performance by a contractor; (B) creates an agency tender, including a most efficient organization plan, in accordance with Office of Management and Budget Circular A76, as implemented on May 29, 2003, or any successor circular; (C) includes the issuance of a solicitation; (D) determines whether the submitted offers meet the needs of the executive agency with respect to factors other than cost, including quality, reliability, and timeliness; (E) examines the cost of performance of the function by agency civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Federal Government over the life of the contract, including— (i) the estimated cost to the Federal Government (based on offers received) for performance of the func- tion by a contractor; (ii) the estimated cost to the Federal Government for performance of the function by agency civilian employees; and (iii) an estimate of all other costs and expenditures that the Federal Government would incur because of the award of the contract; (F) requires continued performance of the function by agency civilian employees unless the difference in the cost