41 U.S.C. § 1710
Public-private competition required before conversion to contractor performance
United States · Title 41 — PUBLIC CONTRACTS · Status: effective
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- Citation
- 41 U.S.C. § 1710, Public-private competition required before conversion to contractor performance, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/474765
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Full text
A function of an executive agency performed by 10 or more agency civilian employees may not be converted, in whole or in part, to performance by a contractor unless the conversion is based on the results of a public-private competition that—
examines the cost of performance of the function by agency civilian employees and the cost of performance of the function by one or more contractors to demonstrate whether converting to performance by a contractor will result in savings to the Federal Government over the life of the contract, including—
requires continued performance of the function by agency civilian employees unless the difference in the cost of performance of the function by a contractor compared to the cost of performance of the function by agency civilian employees would, over all performance periods required by the solicitation, be equal to or exceed the lesser of—
In no case may a function being performed by executive agency personnel be—
Each civilian employee of an executive agency responsible for determining under Office of Management and Budget Circular A76 whether to convert to contractor performance any function of the executive agency—
Before commencing a public-private competition under subsection (a), the head of an executive agency shall submit to Congress a report containing the following:
The report required under paragraph (1) shall include an examination of the potential economic effect of performance of the function by a contractor on—
A representative individual or entity at a facility where a public-private competition is conducted may submit to the head of the executive agency an objection to the public-private competition on the grounds that—
The objection shall be in writing and shall be submitted within 90 days after the following date:
This section shall not apply to a commercial or industrial type function of an executive agency that is—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- To enact certain laws relating to public contracts as title 41, United States Code, "Public Contracts".House: 385–0Senate: no recorded tally