12 2 STA T .60PUBLIC LA W 110 – 1 8 1 —J A N .28 , 2008 (d)CLERICA L AM E ND MEN T.—Thetabl e ofs e c t i o n satthebe g in - ning of cha p te r146 ofs u ch title is a m ended b y stri k ing the item relating to section 2 46 7 . SEC.32 3. PUBLI C - P R I VAT EC OM PETITIO N AT EN D O F PERIOD SPECI- FIED IN PERFORMANCE A G REEMENT NOT RE Q UIRED. S ection 2461(a) of title 1 0,U nited States Code, is amended by adding at the end the follo w ing new paragraph
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‘(4) A military department or D efense Agency may not be re q uired to conduct a public-pri v ate competition under O ffice of M anagement and B udget 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 competi- tion for any function of the Department of Defense performed by Department of Defense civilian employees. ’ ’. SEC. 32 4 . GUIDELINES ON INSOURCING NE W AND CONTRACTED OUT FUNCTIONS. (a) C O DI F ICATION AND R E V I S ION OF RE QU IREMENT FOR G UIDE- LINES.— (1) I N G ENERAL.—Chapter 146 of title 10, United States Code, is amended by inserting after section 2462 the following new section: ‘ ‘ §2463.Guidel i n e sa nd proc edures f oruseofci v ilian e m plo y ees t o perform D epartment of Defense functions ‘‘(a) GUIDELINES REQUIRED.—(1) The Under Secretary of Defense for P ersonnel and Readiness shall devise and implement guidelines and procedures to ensure that consideration is given to using, on a regular basis, Department of Defense civilian employees to perform new functions and functions that are per- formed by contractors and could be performed by Department of Defense civilian employees. The Secretary of a military department may prescribe supplemental regulations, if the Secretary determines such regulations are necessary for implementing such guidelines within that military department. ‘‘(2) The guidelines and procedures required under paragraph (1) may not include any specific limitation or restriction on the number of functions or activities that may be converted to perform- ance by Department of Defense civilian employees. ‘‘(b) S P ECIAL CONSIDERATION FOR CERTAIN F UNCTIONS.—The guidelines and procedures required under subsection (a) shall pro- vide for special consideration to be given to using Department of Defense civilian employees to perform any function that— ‘‘(1) is performed by a contractor and— ‘‘(A) has been performed by Department of Defense civilian employees at any time during the previous 10 years
‘‘(B) is a function closely associated with the perform- ance of an inherently governmental function; ‘‘(C) has been performed pursuant to a contract awarded on a non-competitive basis; or ‘‘(D) has been performed poorly, as determined by a contracting officer during the 5 -year period preceding the date of such determination, because of e x cessive costs or inferior quality; or
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