Page:United States Statutes at Large Volume 124.djvu/3742

 124 STAT. 3716 PUBLIC LAW 111–350—JAN. 4, 2011 of performance of the function by a contractor compared to the cost of performance of the function by agency civilian employees would, over all performance periods required by the solicitation, be equal to or exceed the lesser of— (i) 10 percent of the personnel-related costs for performance of that function in the agency tender; or (ii) $10,000,000; and (G) examines the effect of performance of the function by a contractor on the agency mission associated with the performance of the function. (2) NOT A NEW REQUIREMENT.—A function that is performed by the executive agency and is reengineered, reorganized, mod- ernized, upgraded, expanded, or changed to become more effi- cient, but still essentially provides the same service, shall not be considered a new requirement. (3) PROHIBITIONS.—In no case may a function being per- formed by executive agency personnel be— (A) modified, reorganized, divided, or in any way changed for the purpose of exempting the conversion of the function from the requirements of this section; or (B) converted to performance by a contractor to cir- cumvent a civilian personnel ceiling. (b) CONSULTING WITH AFFECTED EMPLOYEES OR THEIR REP- RESENTATIVES.— (1) CONSULTING WITH AFFECTED EMPLOYEES.—Each civilian employee of an executive agency responsible for determining under Office of Management and Budget Circular A76 whether to convert to contractor performance any function of the execu- tive agency— (A) shall, at least monthly during the development and preparation of the performance work statement and the management efficiency study used in making that deter- mination, consult with civilian employees who will be affected by that determination and consider the views of the employees on the development and preparation of that statement and that study; and (B) may consult with the employees on other matters relating to that determination. (2) CONSULTING WITH REPRESENTATIVES.— (A) EMPLOYEES REPRESENTED BY A LABOR ORGANIZA- TION.—In the case of employees represented by a labor organization accorded exclusive recognition under section 7111 of title 5, consultation with representatives of that labor organization shall satisfy the consultation require- ment in paragraph (1). (B) EMPLOYEES NOT REPRESENTED BY A LABOR ORGANIZA- TION.—In the case of employees other than employees referred to in subparagraph (A), consultation with appro- priate representatives of those employees shall satisfy the consultation requirement in paragraph (1). (3) REGULATIONS.—The head of each executive agency shall prescribe regulations to carry out this subsection. The regula- tions shall include provisions for the selection or designation of appropriate representatives of employees referred to in para- graph (2)(B) for purposes of consultation required by paragraph (1). (c) CONGRESSIONAL NOTIFICATION.—