United States Code, at least 60 days before they are 
provided to Congress under such subsection; and 
(3) involve discussions and bargaining over the 
impact of implementation of any projects upon any 
bargaining unit with the exclusive representatives of 
the executive agency’s Federal workforce, as pro-
vided under section 7114 and sections 7106(b)(2) 
and (b)(3) of title 5, United States Code. 
(f) PERSONNEL INCREASES OR REDUCTIONS.—Any 
personnel increases or reductions in the Federal employee 
or contractor workforces must be based on the require-
ments of a specific business process reengineering project 
and not on unrelated or predetermined cost and savings 
assumptions. 
(g) ANNUAL EVALUATION.—Not later than October 
31, 2010, and annually thereafter, the Director of the Of-
fice of Management and Budget shall conduct a perform-
ance review of ongoing business process reengineering 
projects and submit a report on such review to the Com-
mittee on Oversight and Government Reform of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate. Each busi-
ness process reengineering project shall be evaluated with 
respect to the level of performance in the following areas: 
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(1) Costs, savings, and overall financial per-
formance of the organization. 
(2) Organic knowledge, skills or expertise. 
(3) Efficiency and effectiveness of key functions 
or processes. 
(4) Efficiency and effectiveness of the overall 
organization. 
SEC. 12. REFORMS TO THE OMB CIRCULAR A–76 PROCESS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that, with respect to Office of Management and 
Budget Circular A–76 or any other related administrative 
regulation, directive, or policy, the following policies and 
procedures should be implemented: 
(1) A standard study shall last no longer than 
2 years, from the beginning of the preliminary plan-
ning process to the rendering of the award decision, 
which period shall be calculated as follows: 
(A) Any days during which a standard 
study is suspended because of bid protests on 
behalf of the affected Federal employees shall 
not be included when determining the length of 
a standard study. 
(B) However, any days during which a 
standard study is extended because of addi-
tional activity that is either required by the 
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Government Accountability Office, directed by 
the contracting officer subsequent to an appeal 
to the Government Accountability Office or the 
dismissal or denial of a protest to the Govern-
ment Accountability Office shall be included 
when determining the length of a standard 
study. 
(C) No executive agency may stop and re-
start a standard study in order to avoid compli-
ance with this paragraph. Similarly, an execu-
tive agency may not subject a function to a 
standard study if it was earlier subjected to a 
standard study that had to be stopped because 
of the length limitation under this paragraph. 
(2) The conversion differential shall be— 
(A) significantly increased in order to in-
clude the large costs that are currently excluded 
from consideration, including preliminary plan-
ning costs, consultants costs, costs of Federal 
employees diverted from their actual jobs to 
work on studies, transition costs, post-competi-
tion reviews costs, and proportional costs for 
agencies’ privatization bureaucracies (including 
both Federal employees and contractors); and 
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(B) doubled when a standard study begins 
its thirteenth month, which period shall be cal-
culated as follows: 
(i) Any days during which a standard 
study is suspended because of bid protests 
on behalf of the affected Federal employees 
shall not be included when determining the 
length of a standard study for purposes of 
doubling the cost differential. 
(ii) However, any days during which a 
standard study is extended because of ad-
ditional activity that is either required by 
the Government Accountability Office, di-
rected by the contracting officer subse-
quent to an appeal to the Government Ac-
countability Office or the dismissal or de-
nial of a protest to the Government Ac-
countability Office shall be included when 
determining the length of a standard 
study. 
(3) Bids or tenders filed on behalf of Federal 
employees shall include only the overhead costs actu-
ally incurred for those Federal employees performing 
the specific functions being reviewed, and may not 
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include an assessment of an automatic charge for 
overhead. 
(4) A reliable system to track costs, savings, 
and quality from OMB Circular A–76 studies that 
has been implemented, tested, and determined to be 
accurate and reliable over a long-term and a short- 
term period should be established. The system estab-
lished should also take into account the possibility 
for greater efficiencies and programmatic improve-
ments that can be generated through business proc-
ess reengineering projects, pursuant to section 10. 
(5) NO RECOMPETITION REQUIRED.—No Fed-
eral employee workforce should be recompeted under 
OMB Circular A–76 unless the head of the relevant 
executive agency, without delegation— 
(A) has signed a certification that such 
workforce failed to fulfill the terms of the letter 
of obligation or other agreement, as applicable, 
pursuant to an earlier OMB Circular A–76 
study; and 
(B) 
published 
that 
certification 
on 
fedbizopps.gov before the end of the expiration 
of the performance period. 
(b) GAO REPORT.— 
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