NDAA for Fiscal Year 2012

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TITLE XVI--INDUSTRIAL BASE MATTERS Subtitle C--Matters Relating to Small Business Concerns
P. L. 112-	House Conference Report 112-705
SEC. 1655. PUBLICATION OF CERTAIN DOCUMENTS. Not later than 270 days after the date of the enactment of this part, the Director of the Office of Management and Budget shall publish procedures and methodologies to be used by Federal agencies with respect to decisions to convert a function being performed by a small business concern to performance by a Federal employee, including procedures and methodologies for determining which contracts will be studied for potential conversion; procedures and methodologies by which a contract is evaluated as inherently governmental or as a critical agency function; and procedures and methodologies for estimating and comparing costs. Should a Federal agency develop any agency-specific methodologies for identifying critical agency functions or supplemental implementation guidance, such methodologies and guidance shall be published upon implementation.	Publication of certain documents (sec. 1655) The House bill contained a provision (sec. 1658) that would prohibit a federal agency, other than the Department of Defense, from insourcing a function that is being performed by a small business concern until the agency has published procedures and methodologies with respect to such insourcing decisions. The Senate amendment contained no similar provision. The Senate recedes with an amendment that would require the Director of the Office of Management and Budget to publish procedures and methodologies to be used by federal agencies with respect to decisions to insource functions that are being performed by small business concerns.
	House Report 112-479
	SECTION 1658--PUBLICATION OF CERTAIN DOCUMENTS This section would amend the Small Business Act (15 U.S.C. 631) by requiring a Federal agency, other than the Department of Defense, to convert a function of a small business concern to a performance by a Federal employee only after the agency has made publicly available the procedures and methodologies for determining which contracts will be studied for potential conversion, procedures and methodologies to evaluate contracts for inherently governmental or critical functions, and procedures and methodologies for estimating and comparing costs.

SEC. 1655. PUBLICATION OF CERTAIN DOCUMENTS.