Contracting Out Update

Monday, October 15, 2007

(AFSCME Council 26)

Federal Unions and our allies on Capitol Hill have been working hard to level the playing field in public-private competitions. This is the status of these efforts to date:

 

 

HR 2829 The Financial Services and General Government Appropriations Act as passed in the House and reported by the Senate Appropriations Committee prohibits an executive agency (DOD and other exceptions discussed below) A-76 public-private competition from being won by a private contractor on the basis of their providing health or pension benefits of a lower employer contribution than those the federal government provides for its employees:

 

        (House Version) SEC. 738.

        (Senate Version) SEC. 739

 

 

 (a) Requirement for Public-Private Competition-

(1) Notwithstanding any other provision of law, none of the funds appropriated by this or any other Act shall be available to convert to contractor performance an activity or function of an executive agency that, on or after the date of enactment of this Act, is performed by more than 10 Federal employees unless--

...

(C) the contractor does not receive an advantage for a proposal that would reduce costs for the Federal Government by--

(i) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract;

(ii) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Federal Government for health benefits for civilian employees under chapter 89 of title 5, United States Code; or

(iii) offering to such workers a retirement benefit that in any year costs less than the annual retirement cost factor applicable to Federal employees under chapter 84 of title 5, United States Code.

 

 

These bills exclude the Department of Defense, some private TSA screeners, defense depot and services purchased under the blind and handicapped industry program.

 

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