123STA T . 3 4 31 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 (3)thecon t ra ctor d oe s not rece iv e an advanta g e f ora p roposa l that w o u ld reduce costs for the D epart m ent of Defense by— ( A )notma k ing an employer - sponsored health insur- ance plan available to the workers who are to be employed in the performance of that activity or function under the contract
or ( B ) offering to such workers an employer-sponsored health benefits plan that re q uires the employer to con- tribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5,U nited S tates C ode . (b)( 1 ) T he Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 246 1 of title 1 0 , United States Code, and notwithstanding any adminis- trative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that— (A) is included on the procurement list established pursuant to section 2 of the J avits- W agner- O’ Day Act (41 U.S.C. 4 7 ); (B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or (C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an I ndian tribe, as defined in section 4(e) of the Indian Self-Determination and E ducation Assistance Act (25 U.S.C. 450b(e)), or a N ative H awaiian Organi z ation, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)). (2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code. (c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activi- ties. (TRANSFE R O FF U N D S ) SE C . 8017. F unds appropriated in title III of this Act for the Department of Defense P ilot M entor-Protege Program may be trans- ferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protege Program develop- mental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Y ear 1991 (Public L aw 101 – 510; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act. SEC. 8018. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments Ves se l s .
