Page:United States Statutes at Large Volume 94 Part 1.djvu/1136

 94 STAT. 1086

PUBLIC LAW 96-342—SEPT. 8, 1980

ated, on a schedule consistent with the requirements of national security and military readiness. STRENGTHENING OP RESTRICTIONS ON CONVERSION OF PERFORMANCE OF COMMERCIAL AND INDUSTRIAL TYPE FUNCTIONS FROM DEPARTMENT OF DEFENSE PERSONNEL TO PRIVATE CONTRACTORS 10 USC 2304 note.

Notification of Congress. Cost comparison.

Certification of calculation.

Report.

Notification of Congress.

Report to Congress.

SEC. 502. (a) No commercial or industrial type function of the Department of Defense that on October 1, 1980, is being performed by Department of Defense personnel may be converted to performance by a private contractor— (1) to circumvent any civilian personnel ceiling; or (2) unless the Secretary of Defense provides to the Congress in a timely manner— (A) notification of any decision to study such commercial or industrial type function for possible performance by a private contractor; (B) a detailed summary of a comparison of the cost of performance of such function by Department of Defense personnel and by private contractor which demonstrates that the performance of such function by a private contractor will result in a cost savings to the Government over the life of the contract and a certification that the entire cost comparison is available; (C) a certification that the Government calculation for the cost of performance of such function by Department of Defense personnel is based on an estimate of the most efficient and cost effective organization for performance of such function by Department of Defense personnel; and (D) a report, to be submitted with the certification required by subparagraph (C), showing— (i) the potential economic effect on employees affected, and the potential economic effect on the local community and Federal Government if more than 50 employees are involved, of contracting for performance of such function; (ii) the effect of contracting for performance of such function on the military mission of such function; and (iii) the amount of the bid accepted for the performance of such function by the private contractor whose bid is accepted and the cost of performance of such function by Department of Defense personnel, together with costs and expenditures which the Government will incur because of the contract, flj) If, after completion of the studies required for completion of the certification and report required by subparagraphs (C) and (D) of subsection (a)(2), a decision is made to convert to contractor performance, the Secretary of Defense shall notify Congress of such decision, (c) The Secretary of Defense shall submit a written report to the Congress by February 1 of each fiscal year describing the extent to which commercial and industrial type functions were performed by Department of Defense contractors during the preceding fiscal year. The Secretary shall include in each such report an estimate of the percentage of commercial and industrial type functions of the Department of Defense that will be performed by Department of Defense personnel, and the percentage of such functions that will be performed by private contractors, during the fiscal year during which the report is submitted.

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