123STA T . 22 5 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9ofsuchde c i sio n.A n y such no t ific a tion sha l l include a j ustification fo r the S ecretary ’ s decision and a ne w ti m e limitation for the com p etition , which shall not e x ceed 12 months from the final deci - sion and shall b e bindin g on the D epartment. ‘ ‘ (E)F or the purposes of this paragraph, preliminary planning with respect to a public-pri v ate competition, begins on the date on which the Department of Defense obligates funds for the ac q uisi- tion of contract support, or formally assigns Department of Defense personnel, to carry out any of the following activities
‘‘(i) Determining the scope of the competition. ‘‘(ii) C onducting research to determine the appropriate grouping of functions for the competition. ‘‘(iii) Assessing the availability of wor k load data, quantifi- able outputs of functions, and agency or industry performance standards applicable to the competition. ‘‘(iv) Determining the baseline cost of any function for which the competition is conducted. ‘‘(F) T o effectively establish the date that is the first day of preliminary planning for a public-private competition, the head of a military department shall submit to Congress written notice of such date and shall provide public notice by announcing such date on an appropriate I nternet website. Such date is the first day of preliminary planning for a public-private competition for the purpose of computing the duration of the public private competi- tion for purposes of this section. ‘‘( G ) The Secretary of Defense shall submit to the congressional defense committees an annual report on the use, during the year covered by the report, of alternative time periods for public-private competitions under this section, and the explanations of the Sec- retary for such alternative time periods.’’ (b) E F F ECTIV ED A TE. —P aragraph ( 5 ) of section 2 46 1(a) of title 1 0 , U nited States Code, as added by subsection (a), shall apply with respect to a public-private competition covered by such section that is initiated on or after the date of the enactment of this Act. (c) C OMP T R O L LER GE N ERAL R EVIE WS .— N ot later than two years after the date of the enactment of this Act, and three years there- after, the Comptroller General shall submit to the congressional defense committees a report on the use by the Secretary of Defense of the alternative time period authority under section 2461(a)(5)( B ) of title 10, United States Code, and the appropriateness and thoroughness of the explanations of the Secretary for such use. SEC.32 3. POLI C YR E GA R D I N G INS T ALLATION O FM A J OR MODIFICA - TIONS AND U PGRADES. It is the Sense of Congress that no changes should be made to— (1) the policy of the Department of Defense that in the annual allocation of depot-level maintenance and repair required under section 2466 of title 10, United States Code, the installation of major modifications and upgrades are consid- ered to be part of the definition of depot-level maintenance
and (2) the interpretation and application of that policy as of the date of the enactment of this Act. Deadlin e s.R e port s. 10USC246 1 note. Deadline. Reports. N oti c e. Pub lic in f or m ation. W eb postin g .
