Page:United States Statutes at Large Volume 124.djvu/3743

 124 STAT. 3717 PUBLIC LAW 111–350—JAN. 4, 2011 (1) REPORT.—Before commencing a public-private competition under subsection (a), the head of an executive agency shall submit to Congress a report containing the following: (A) The function for which the public-private competition is to be conducted. (B) The location at which the function is performed by agency civilian employees. (C) The number of agency civilian employee positions potentially affected. (D) The anticipated length and cost of the public-private competition, and a specific identification of the budgetary line item from which funds will be used to cover the cost of the public-private competition. (E) A certification that a proposed performance of the function by a contractor is not a result of a decision by an official of an executive agency to impose predetermined constraints or limitations on agency civilian employees in terms of man years, end strengths, full-time equivalent positions, or maximum number of employees. (2) EXAMINATION OF POTENTIAL ECONOMIC EFFECT.—The report required under paragraph (1) shall include an examina- tion of the potential economic effect of performance of the function by a contractor on— (A) agency civilian employees who would be affected by such a conversion in performance; and (B) the local community and the Federal Government, if more than 50 agency civilian employees perform the function. (3) OBJECTIONS TO PUBLIC-PRIVATE COMPETITION.— (A) GROUNDS.—A representative individual or entity at a facility where a public-private competition is conducted may submit to the head of the executive agency an objection to the public-private competition on the grounds that— (i) the report required by paragraph (1) has not been submitted; or (ii) the certification required by paragraph (1)(E) was not included in the report required by paragraph (1). (B) DEADLINES.—The objection shall be in writing and shall be submitted within 90 days after the following date: (i) In the case of a failure to submit the report when required, the date on which the representative individual or an official of the representative entity authorized to pose the objection first knew or should have known of that failure. (ii) In the case of a failure to include the certification in a submitted report, the date on which the report was submitted to Congress. (C) REPORT AND CERTIFICATION REQUIRED BEFORE SOLICI- TATION OR AWARD OF CONTRACT.—If the head of the execu- tive agency determines that the report required by para- graph (1) was not submitted or that the required certifi- cation was not included in the submitted report, the func- tion for which the public-private competition was conducted for which the objection was submitted may not be the subject of a solicitation of offers for, or award of, a contract