§2469 Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition

2003—Subsec. (b). Pub. L. 108–136, § 333(1), substituted “Except as provided in subsection (c), subsection” for “Subsection”. Subsecs. (c), (d). Pub. L. 108–136, § 333(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 1999—Subsec. (b). Pub. L. 106–65 inserted “(including the cost of labor and materials)” after “$3,000,000”. 1997—Pub. L. 105–85, § 363, repealed Pub. L. 104–106, § 311(f)(1). See 1996 Amendment note below. Subsecs. (a), (b). Pub. L. 105–85, § 355(b), substituted “maintenance and repair” for “maintenance or repair”. 1996—Pub. L. 104–106, § 311(f)(1), which directed repeal of this section, was repealed by Pub. L. 105–85, § 363. 1994—Pub. L. 103–337 amended section generally. Prior to amendment, section read as follows: “(a) Requirement for Competition.—The Secretary of Defense or the Secretary of a military department may not change the performance of a depot-level maintenance workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense to performance by a contractor unless the Secretary uses competitive procedures for the selection of the contractor to perform such workload. “(b) Inapplicability of OMB Circular A–76.—The use of Office of Management and Budget Circular A–76 shall not apply to a performance change under subsection (a).” 1993—Pub. L. 103–160, § 346, amended section, as amended by Pub. L. 103–160, § 1182(a)(7), (h), by designating existing provisions as subsec. (a), inserting heading, striking out “threshold” before “value”, substituting “to performance by a contractor unless the Secretary uses competitive procedures for the selection of the contractor to perform such workload” for “unless the Secretary uses competitive procedures to make the change”, and adding subsec. (b). Pub. L. 103–160, § 1182(a)(7), struck out “, prior to any such change,” after “Department of Defense unless”.