(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 facil-
ity 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 sub-
mitted; 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 re-
quired, the date on which the representative individual or an 
official of the representative entity authorized to pose the ob-
jection 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 sub-
mitted to Congress. 
(C) REPORT AND CERTIFICATION REQUIRED BEFORE SOLICITA-
TION OR AWARD OF CONTRACT.—If the head of the executive 
agency determines that the report required by paragraph (1) was 
not submitted or that the required certification was not included 
in the submitted report, the function 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 until, respectively, the report is submitted or a report 
containing the certification in full compliance with the certification 
requirement is submitted. 
(d) EXEMPTION FOR THE PURCHASE OF PRODUCTS AND SERVICES OF 
THE BLIND AND OTHER SEVERELY DISABLED PEOPLE.—This section shall 
not apply to a commercial or industrial type function of an executive agency 
that is— 
(1) included on the procurement list established pursuant to section 
8503 of this title; or 
(2) planned to be changed to performance by a qualified nonprofit 
agency for the blind or by a qualified nonprofit agency for other se-
verely disabled people in accordance with chapter 85 of this title.
(e) INAPPLICABILITY DURING WAR OR EMERGENCY.—The provisions of 
this section shall not apply during war or during a period of national emer-
gency declared by the President or Congress. 
§ 1711. Value engineering 
Each executive agency shall establish and maintain cost-effective proce-
dures and processes for analyzing the functions of a program, project, sys-
tem, product, item of equipment, building, facility, service, or supply of the 
agency. The analysis shall be— 
(1) performed by qualified agency or contractor personnel; and 
(2) directed at improving performance, reliability, quality, safety, 
and life cycle costs. 
§ 1712. Record requirements 
(a) MAINTAINING RECORDS ON COMPUTER.—Each executive agency shall 
establish and maintain for 5 years a computer file, by fiscal year, containing 
unclassified records of all procurements greater than the simplified acquisi-
tion threshold in that fiscal year. 
(b) CONTENTS.—The record established under subsection (a) shall in-
clude, with respect to each procurement carried out using— 
(1) competitive procedures— 
(A) the date of contract award; 
(B) information identifying the source to whom the contract was 
awarded; 
(C) the property or services the Federal Government obtains 
under the procurement; and 
(D) the total cost of the procurement; or 
(2) procedures other than competitive procedures— 
(A) the information described in paragraph (1); 
(B) the reason under section 3304(a) of this title or section 
2304(c) of title 10 for using the procedures; and 
(C) the identity of the organization or activity that conducted 
the procurement. 
(c) SEPARATE RECORD CATEGORY FOR PROCUREMENTS RESULTING IN 
ONE BID OR PROPOSAL.—Information included in a record pursuant to 
subsection (b)(1) that relates to procurements resulting in the submission 
of a bid or proposal by only one responsible source shall be separately cat-
egorized from the information relating to other procurements included in 
the record. The record of that information shall be designated ‘‘noncompeti-
tive procurements using competitive procedures’’. 
(d) TRANSMISSION AND DATA ENTRY OF INFORMATION.—The head of 
each executive agency shall—