HR 1107 RH 
(2) CONSULTING WITH REPRESENTATIVES.— 
(A) EMPLOYEES REPRESENTED BY A LABOR ORGANIZATION.— 
In the case of employees represented by a labor organization ac-
corded exclusive recognition under section 7111 of title 5, con-
sultation with representatives of that labor organization shall sat-
isfy the consultation requirement in paragraph (1). 
(B) EMPLOYEES NOT REPRESENTED BY A LABOR ORGANIZA-
TION.—In the case of employees other than employees referred to 
in subparagraph (A), consultation with appropriate representatives 
of those employees shall satisfy the consultation requirement in 
paragraph (1). 
(3) REGULATIONS.—The head of each executive agency shall pre-
scribe regulations to carry out this subsection. The regulations shall in-
clude provisions for the selection or designation of appropriate rep-
resentatives of employees referred to in paragraph (2)(B) for purposes 
of consultation required by paragraph (1). 
(c) CONGRESSIONAL NOTIFICATION.— 
(1) REPORT.—Before commencing a public-private competition 
under subsection (a), the head of an executive agency shall submit to 
Congress a report containing the following: 
(A) The function for which the public-private competition is to 
be conducted. 
(B) The location at which the function is performed by agency 
civilian employees. 
(C) The number of agency civilian employee positions potentially 
affected. 
(D) The anticipated length and cost of the public-private com-
petition, and a specific identification of the budgetary line item 
from which funds will be used to cover the cost of the public-pri-
vate competition. 
(E) A certification that a proposed performance of the function 
by a contractor is not a result of a decision by an official of an 
executive agency to impose predetermined constraints or limita-
tions on agency civilian employees in terms of man years, end 
strengths, full-time equivalent positions, or maximum number of 
employees. 
(2) EXAMINATION OF POTENTIAL ECONOMIC EFFECT.—The report 
required under paragraph (1) shall include an examination of the po-
tential economic effect of performance of the function by a contractor 
on— 
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HR 1107 RH 
(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. 
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