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TITLE III— Operation and Maintenance

Subtitle C — Workplace and Depot Issues

NDAA Section

House Conference Report 110-477

SEC. 323. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD SPECIFIED IN PERFORMANCE AGREEMENT NOT REQUIRED.

Section 2461(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

`(4) A military department or Defense Agency may not be required to conduct a public-private competition under Office of Management and Budget Circular A-76 or any other provision of law at the end of the performance period specified in a letter of obligation or other agreement entered into with Department of Defense civilian employees pursuant to a public-private competition for any function of the Department of Defense performed by Department of Defense civilian employees.'.

The House bill contained a provision (sec. 325) that would override the requirement in Office of Management and Budget Circular A-76 that all work awarded to federal employees pursuant to a public-private competition be recompeted at the end of the period specified in the performance agreement.

The Senate amendment contained a similar provision (sec. 370).

The House recedes.

The conferees note that this provision would give Department of Defense managers discretion to determine whether it is in the interest of the Department of Defense to conduct a follow-on competition at the end of the period specified in the performance agreement. Nothing in this provision would prohibit the conduct of such a competition, if it were determined to be in the Department's interest.

House Armed Services Committee Report 110-146

SECTION 325--PUBLIC PRIVATE COMPETITION AT END OF PERFORMANCE SPECIFIED IN PERFORMANCE AGREEMENT NOT REQUIRED

This section would allow Department of Defense managers to determine whether to recompete (after five years) work being performed by federal employees that was won by the employees under a public-private competition process, pursuant to Office of Management and Budget Circular A-76 or section 2461 of title 10, United States Code.