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30 days after the date the notice required for an order de-
scribed in subsection (a)(2)(B) is published; or 
(iii) in any other case, is earlier than 30 days after the 
date the solicitation is issued. 
(2) ESTABLISHING
DEADLINE
WHEN
NONE
PROVIDED
BY
STAT-
UTE.—An executive agency shall establish a deadline for the submis-
sion of all bids or proposals in response to a solicitation for which a 
deadline is not provided by statute. Each deadline for the submission 
of offers shall afford potential offerors a reasonable opportunity to re-
spond. 
(3) FLEXIBLE DEADLINES.—The Administrator shall prescribe regu-
lations defining limited circumstances in which flexible deadlines can be 
used under paragraph (1) for the issuance of solicitations and the sub-
mission of bids or proposals for the procurement of commercial items. 
(f) CONSIDERATION OF CERTAIN TIMELY RECEIVED OFFERS.—An exec-
utive agency intending to solicit offers for a contract for which a notice of 
solicitation is required to be posted under subsection (a)(1) shall ensure that 
contracting officers consider each responsive offer timely received from an 
offeror. 
(g) AVAILABILITY OF COMPLETE SOLICITATION PACKAGE AND PAYMENT 
OF FEE.—An executive agency shall make available to a business concern, 
or the authorized representative of a concern, the complete solicitation pack-
age for any on-going procurement announced pursuant to a notice of solici-
tation under subsection (a). An executive agency may require the payment 
of a fee, not exceeding the actual cost of duplication, for a copy of the pack-
age. 
§ 1709. Contracting functions performed by Federal per-
sonnel 
(a) COVERED PERSONNEL.—Personnel referred to in subsection (b) are— 
(1) an employee, as defined in section 2105 of title 5; 
(2) a member of the armed forces; and 
(3) an employee from State or local governments assigned to a Fed-
eral agency pursuant to subchapter VI of chapter 33 of title 5. 
(b) LIMITATION ON PAYMENT FOR ADVISORY AND ASSISTANCE SERV-
ICES.—No individual who is not an individual described in subsection (a) 
may be paid by an executive agency for services to conduct evaluations or 
analyses of any aspect of a proposal submitted for an acquisition unless per-
sonnel described in subsection (a) with adequate training and capabilities 
to perform the evaluations and analyses are not readily available in the 
agency or another Federal agency. When administering this subsection, the 
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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 available 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 af-
fect the relationship between the Federal Government and a Federally fund-
ed 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
AL-
LOWED.—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 competition 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 organi-
zation 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, in-
cluding 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 per-
formance by a contractor will result in savings to the Federal Gov-
ernment over the life of the contract, including— 
(i) the estimated cost to the Federal Government (based on 
offers received) for performance of the function by a con-
tractor; 
(ii) the estimated cost to the Federal Government for per-
formance of the function by agency civilian employees; and 
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(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 of performance 
of the function by a contractor compared to the cost of perform-
ance of the function by agency civilian employees would, over all 
performance periods required by the solicitation, be equal to or ex-
ceed the lesser of— 
(i) 10 percent of the personnel-related costs for perform-
ance of that function in the agency tender; or 
(ii) $10,000,000; and 
(G) examines the effect of performance of the function by a con-
tractor 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, modernized, up-
graded, expanded, or changed to become more efficient, but still essen-
tially provides the same service, shall not be considered a new require-
ment. 
(3) PROHIBITIONS.—In no case may a function being performed 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 circumvent a 
civilian personnel ceiling. 
(b) CONSULTING WITH AFFECTED EMPLOYEES OR THEIR REPRESENTA-
TIVES.— 
(1) CONSULTING WITH AFFECTED EMPLOYEES.—Each civilian em-
ployee of an executive agency responsible for determining under Office 
of Management and Budget Circular A76 whether to convert to con-
tractor performance any function of the executive agency— 
(A) shall, at least monthly during the development and prepara-
tion of the performance work statement and the management effi-
ciency study used in making that determination, consult with civil-
ian employees who will be affected by that determination and con-
sider the views of the employees on the development and prepara-
tion of that statement and that study; and 
(B) may consult with the employees on other matters relating 
to that determination. 
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