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2-year period beginning on the date of the enactment of this
Act, of specialty metals if such specialty metals are used
to produce force protection equipment needed to prevent
combat fatalities in Iraq or Afghanistan.
(b) TREATMENT
OF PROCUREMENTS WITHIN PE-
RIOD.—For the purposes of subsection (a), a procurement
shall be treated as being made during the 2-year period de-
scribed in that subsection to the extent that funds are obli-
gated by the Department of Defense for that procurement
during that period.
SEC. 809F. PUBLIC-PRIVATE COMPETITION FOR WORK PER-
FORMED BY CIVILIAN EMPLOYEES OF THE
DEPARTMENT OF DEFENSE.
(a) LIMITATION.—Section 2461(b) of title 10, United
States Code, is amended by adding at the end the following
new paragraph:
‘‘(5)(A) Notwithstanding subsection (d), a function of
the Department of Defense performed by 10 or more 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 process that—
‘‘(i) formally compares the cost of civilian em-
ployee performance of that function with the costs of
performance by a contractor;
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‘‘(ii) creates an agency tender, including a most
efficient organization plan, in accordance with Office
of Management and Budget Circular A–76, as imple-
mented on May 29, 2003; and
‘‘(iii) requires continued performance of the
function by civilian employees unless the competitive
sourcing official concerned determines that, over all
performance periods stated in the solicitation of offers
for performance of the activity or function, the cost of
performance of the activity or function by a con-
tractor would be less costly to the Department of De-
fense by an amount that equals or exceeds the lesser
of $10,000,000 or 10 percent of the most efficient or-
ganization’s personnel-related costs for performance of
that activity or function by Federal employees.
‘‘(B) Any function that is performed by civilian em-
ployees of the Department of Defense and is proposed to
be reengineered, reorganized, modernized, upgraded, ex-
panded, or changed in order to become more efficient shall
not be considered a new requirement for the purpose of the
competition requirements in subparagraph (A) or the re-
quirements for public-private competition in Office of Man-
agement and Budget Circular A–76.
‘‘(C) A function performed by more than 10 Federal
Government employees may not be separated into separate
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functions for the purposes of avoiding the competition re-
quirement in subparagraph (A) or the requirements for
public-private competition in Office of Management and
Budget Circular A–76.
‘‘(D) The Secretary of Defense may waive the require-
ment for a public-private competition under subparagraph
(A) in specific instances if—
‘‘(i) the written waiver is prepared by the Sec-
retary of Defense or the relevant Assistant Secretary
of Defense, Secretary of a military department, or
head of a Defense Agency;
‘‘(ii) the written waiver is accompanied by a de-
tailed determination that national security interests
preclude compliance with the requirement for a pub-
lic-private competition; and
‘‘(iii) a copy of the waiver is published in the
Federal Register within 10 working days after the
date on which the waiver is granted, although use of
the waiver need not be delayed until its publication.’’.
(b) INAPPLICABILITY TO BEST-VALUE SOURCE SELEC-
TION PILOT PROGRAM.—Paragraph (5) of section 2461(b)
of title 10, United States Code, as added by subsection (a),
shall not apply with respect to the pilot program for best-
value source selection for performance of information tech-
nology services authorized by section 336 of the National
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Defense Authorization Act for Fiscal Year 2004 (Public
Law 108–136; 117 Stat. 1444; 10 U.S.C. 2461 note).
(c) REPEAL OF SUPERSEDED LAW.—Section 327 of
the Ronald W. Reagan National Defense Authorization Act
for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461
note) is repealed.
SEC. 809G. PERFORMANCE OF CERTAIN WORK BY FEDERAL
GOVERNMENT EMPLOYEES.
(a) GUIDELINES.—
(1) IN GENERAL.—The Secretary of Defense shall
prescribe guidelines and procedures for ensuring that
consideration is given to using Federal Government
employees on a regular basis for work that is per-
formed under Department of Defense contracts and
could be performed by Federal Government employees.
(2) CRITERIA.—The guidelines and procedures
prescribed under paragraph (1) shall provide for spe-
cial consideration to be given to contracts that—
(A) have been performed by Federal Govern-
ment employees at any time on or after October
1, 1980;
(B) are associated with the performance of
inherently governmental functions;
(C) were not awarded on a competitive
basis; or