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TITLE III--OPERATION AND MAINTENANCE

Subtitle C--Workplace and Depot Issues

P. L. 111-

House Conference Report 111-288

SEC. 321. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE.

    (a) Requirement.--Paragraph (1) of section 2461(a) of title 10, United States Code, is amended--

    (1) by striking ``A function'' and inserting ``No function'';

    (2) by striking ``10 or more''; and

    (3) by striking ``may not be converted'' and inserting ``may be converted''.

    (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to a function for which a public-private competition is commenced on or after the date of the enactment of this Act.

Public-private competition required before conversion of any Department of Defense function performed by civilian employees to contractor performance (sec. 321)

   The House bill contained a provision (sec. 321) that would eliminate the de minimis standard from section 2461 of title 10, United States Code.

   The Senate amendment contained an identical provision (sec. 323A). The conference agreement includes this provision.

House Report 111-166 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

SECTION 321--PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE CONVERSION OF ANY DEPARTMENT OF DEFENSE FUNCTION PERFORMED BY CIVILIAN EMPLOYEES TO CONTRACTOR PERFORMANCE

This section would require a public-private competition whenever the Department of Defense (DOD) intends to convert to contractor performance functions performed by DOD civilian personnel.

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