§8669a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Navy must pick where to do ship conversion, alteration, and repair work based on cost and military needs. The Navy cannot require that certain parts of ship work go to a specific kind of shipyard or to a particular region. When comparing bids for work done away from a ship’s homeport, the Secretary must count the expected cost to move the ship and its crew to that work site and to return them to the homeport when the job is done. For repairs that last 18 months or less, the Secretary must first check whether enough competing firms at the ship’s homeport can do the job. If there is enough competition, the solicitation and award must be limited to firms that will perform the work at the homeport. That homeport rule does not apply to voyage repairs.

Title 10, §8669a

Armed Forces — Source: USLM XML via OLRC

(a)The assignment of naval vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of naval shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement.

(b)In evaluating bids or proposals for a contract for the overhaul, repair, or maintenance of a naval vessel, the Secretary of the Navy shall, in determining the cost or price of work to be performed in an area outside the area of the homeport of the vessel, consider foreseeable costs of moving the vessel and its crew from the homeport to the outside area and from the outside area back to the homeport at the completion of the contract.

(c)(1)Before issuing a solicitation for a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel, the Secretary of the Navy shall determine if there is adequate competition available among firms able to perform the work at the homeport of the vessel. If the Secretary determines that there is adequate competition among such firms, the Secretary—

(A)shall issue such a solicitation only to firms able to perform the work at the homeport of the vessel; and

(B)may not award such contract to a firm other than a firm that will perform the work at the homeport of the vessel.

(2)Paragraph (1) applies notwithstanding subsection (a) or any other provision of law.

(3)Paragraph (1) does not apply in the case of voyage repairs.

(4)In this subsection, the term “short-term work” means work that will be for a period of 18 months or less.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource (U.S. Code)Source (Statutes at Large) 7299a10:7291 (note).June 11, 1965, Pub. L. 89–37, §§ 302, 303, 79 Stat. 128. In subsection (a), the words “combatant vessels” are substituted for “warships” for consistency in title 10 and because of 1:3. The words “for which appropriations are authorized by this Act and hereafter” are omitted as unnecessary.

Editorial Notes

Amendments

2025—Subsec. (c)(4). Pub. L. 119–60 substituted “18 months” for “12 months”. 2024—Subsec. (c)(4). Pub. L. 118–159 substituted “12 months” for “10 months”. 2018—Pub. L. 115–232 renumbered section 7299a of this title as this section. 2016—Subsec. (c)(4). Pub. L. 114–328 substituted “10 months” for “six months”. 1992—Subsec. (a). Pub. L. 102–484, § 1016(a), (b)(1), redesignated subsec. (b) as (a) and struck out former subsec. (a) which read as follows: “The distribution of assignments and contracts for the

Construction

of combatant vessels and escort vessels is subject to the Act of March 27, 1934 (ch. 95, 48 Stat. 503), requiring that the first and each succeeding alternate vessel be constructed in a Navy yard. However, the President may direct that a vessel be constructed in a Navy or private yard if the requirement of this subsection is inconsistent with the public interest.” Subsec. (b). Pub. L. 102–484, § 1016(b)(1), redesignated subsec. (c) as (b). Former subsec. (b) redesignated (a). Subsecs. (c), (d). Pub. L. 102–484, § 1016(b), redesignated subsec. (d) as (c) and substituted “subsection (a)” for “subsection (b)” in par. (2). Former subsec. (c) redesignated (b). 1990—Subsec. (d)(3). Pub. L. 101–510 substituted “apply in the case of voyage repairs.” for “apply— “(A) in the case of voyage repairs; or “(B) in the case of a vessel that is assigned to the Naval Reserve force and homeported on the West Coast of the United States.” 1987—Subsec. (d). Pub. L. 100–180 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “(1) Notwithstanding subsections (b) and (c), the Secretary may award a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel only to a contractor that is able to perform the work at the homeport of the vessel, if the Secretary determines that adequate competition is available among firms able to perform the work at the homeport of the vessel. “(2) In this subsection, the term ‘short-term work’ means work that will be for a period of six months or less.” 1986—Subsecs. (c), (d). Pub. L. 99–661 added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of

Amendments

and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Executive Documents

Delegation of Authority For delegation of authority of President under subsec. (a) of this section, see section 2 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 27401, set out as a note under section 113 of this title.

§8669a Construction of combatant and escort vessels and assignment of vessel projects

Summary

Title 10, §8669a

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Construction

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Executive Documents

Citations & Metadata