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TITLE III--OPERATION AND MAINTENANCE

Subtitle C--Workplace and Depot Issues

P. L. 111-

House Conference Report 111-288

    The Administrator for Federal Procurement Policy shall revise the Federal Acquisition Regulation to allow for debriefings of Federal employee representatives designated pursuant to 3551(2)(B) of title 31, United States Code, to the same extent and under the same circumstances as any offeror, in the case of a conversion of any function from performance by Federal employees to performance by a contractor. Such debriefings will conform to the requirements of section 2305(b)(6)(A) of title 10, United States Code, section 303B(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253b(f)), and subparts 15.505 and 15.506 (as in effect on the date of the enactment of this Act ) of the Federal Acquisition Regulation.

   The House bill contained a provision (sec. 328) that would require that federal employee representatives receive pre- and post-award debriefings in any case where a public-private competition results in the conversion of a function from performance by federal employees to performance by a contractor.

   The Senate amendment contained no similar provision.

   The Senate recedes with an amendment clarifying that such debriefings will be available: (1) to federal employee representatives designated pursuant to section 3551(2)(B) of title 31, United States Code; and (2) to the same extent and under the same circumstances as such debriefings would be available to an offeror in such a competition.

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

SECTION 328--REQUIREMENT FOR DEBRIEFINGS RELATED TO CONVERSION OF FUNCTIONS FROM PERFORMANCE BY FEDERAL EMPLOYEES TO PERFORMANCE BY CONTRACTOR

This section would require the Administrator for Federal Procurement Policy to revise the Federal Acquisition Regulation to allow for pre-award and post-award debriefings of federal employee representatives in the case of a public-private competition for conversion of any function performed by a federal employee to performance by a contractor.