§2349 — Title 10 Armed Forces | U.S. Code

Summary

Firms from any NATO country or any major non‑NATO ally can bid on DoD contracts to maintain, repair, or overhaul equipment located outside the United States under the Overseas Workload Program. Work can be done where the equipment is located or in the firm’s country. A military department secretary may limit where work happens if it would harm armed forces readiness or violate an international agreement. “Major non‑NATO ally” means section 2350a(i)(2).

Title 10, §2349

Armed Forces — Source: USLM XML via OLRC

(a)A firm of any member nation of the North Atlantic Treaty Organization or of any major non-NATO ally shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the Department of Defense located outside the United States to be awarded under competitive procedures as part of the program of the Department of Defense known as the Overseas Workload Program.

(b)A contract awarded to a firm described in subsection (a) may be performed in the theater in which the equipment is normally located or in the country in which the firm is located.

(c)The Secretary of a military department may restrict the geographic region in which a contract referred to in subsection (a) may be performed if the Secretary determines that performance of the contract outside that specific region—

(1)could adversely affect the military preparedness of the armed forces; or

(2)would violate the terms of an international agreement to which the United States is a party.

(d)In this section, the term “major non-NATO ally” has the meaning given that term in section 2350a(i)(2) of this title.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 2349, added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2330; renumbered § 2349, Pub. L. 99–145, title XIII, § 1304(a)(3), Nov. 8, 1985, 99 Stat. 741; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535, directed Secretary of Defense to submit a report to Congress annually relating to agreements under this chapter, prior to repeal by Pub. L. 101–510, § 1301(11). Provisions similar to those in this section were contained in Pub. L. 101–510, div. A, title XIV, § 1465, Nov. 5, 1990, 104 Stat. 1700, as amended, which was set out as a note under section 2341 of this title, prior to repeal by Pub. L. 103–160, § 1431(b)(1). Other prior similar provisions, formerly set out under section 2341 of this title, were contained in the following authorization or appropriation acts: Pub. L. 102–396, title IX, § 9130, Oct. 6, 1992, 106 Stat. 1935, as amended by Pub. L. 103–160, div. A, title XIV, § 1431(b)(2), Nov. 30, 1993, 107 Stat. 1833. Pub. L. 102–172, title VIII, § 8122, Nov. 26, 1991, 105 Stat. 1205. Pub. L. 101–511, title VIII, § 8003, Nov. 5, 1990, 104 Stat. 1873. Pub. L. 100–180, div. A, title X, § 1021, Dec. 4, 1987, 101 Stat. 1143.

Amendments

2004—Subsec. (d). Pub. L. 108–375 substituted “section 2350a(i)(2)” for “section 2350a(i)(3)”.

§2349 Overseas Workload Program