119 STAT. 3200
PUBLIC LAW 109–163—JAN. 6, 2006
‘‘§ 2461. Public-private competition required before conversion to contractor performance’’. (B) 2461(b).—The heading for subsection (b) of such section is amended to read as follows: ‘‘(b) CONGRESSIONAL NOTIFICATION.—’’. (C) 2461a.—The heading for section 2461a of such title is amended to read as follows: ‘‘§ 2461a. Development and implementation of system for monitoring cost saving resulting from public-private competitions’’. (3) PUBLIC LAW 108–375.—Section 327 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 10 U.S.C. 2461 note) is repealed. (4) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 146 of title 10, United States Code, is amended by striking the items relating to sections 2461 through 2463 and inserting the following new items: ‘‘2461. Public-private competition required before conversion to contractor performance. ‘‘2461a. Development and implementation of system for monitoring cost saving resulting from public-private competitions. ‘‘2462. Reports on public-private competition.’’. SEC. 342. CONTRACTING FOR PROCUREMENT OF CERTAIN SUPPLIES AND SERVICES.
Section 8014(a)(3) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 972) is amended— (1) in subparagraph (A), by inserting ‘‘, payment that could be used in lieu of such a plan, health savings account, or medical savings account’’ after ‘‘health insurance plan’’; and (2) in subparagraph (B), by striking ‘‘that requires’’ and all that follows through the end and inserting ‘‘that does not comply with the requirements of any Federal law governing the provision of health care benefits by Government contractors that would be applicable if the contractor performed the activity or function under the contract.’’. 10 USC 2461 note.
SEC. 343. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT EMPLOYEES.
(a) GUIDELINES.— (1) IN GENERAL.—The Secretary of Defense shall prescribe guidelines and procedures for ensuring that consideration is given to using Federal Government employees for work that is currently performed or would otherwise be performed under Department of Defense contracts. (2) CRITERIA.—The guidelines and procedures prescribed under paragraph (1) shall provide for special consideration to be given to contracts that— (A) have been performed by Federal Government employees at any time on or after October 1, 1980; (B) are associated with the performance of inherently governmental functions; (C) were not awarded on a competitive basis; or (D) have been determined by a contracting officer to be poorly performed due to excessive costs or inferior quality.
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