10 U.S.C. § 2469: Contracts to perform…

Summary

The Secretary of Defense must make sure major repair or maintenance work done at a military depot is not moved to a contractor or to another depot unless the change is decided by competition. The work must be competed either among all DoD depots or in a contest open to both private companies and public depot activities. This applies to depot work worth $3,000,000 or more, including labor and materials. The rule can be waived for work done at a Center of Industrial and Technical Excellence by a public‑private partnership under section 2474(b). Office of Management and Budget Circular A‑76 does not apply to these changes.

Title 10, §2469

Armed Forces, Source: USLM XML via OLRC

(a)Requirement for Competition.—

The Secretary of Defense shall ensure that the performance of a depot-level maintenance and repair workload described in subsection (b) is not changed to performance by a contractor or by another depot-level activity of the Department of Defense unless the change is made using—

(1)merit-based selection procedures for competitions among all depot-level activities of the Department of Defense; or

(2)competitive procedures for competitions among private and public sector entities.

(b)Scope.—

Except as provided in subsection (c), subsection (a) applies to any depot-level maintenance and repair workload that has a value of not less than $3,000,000 (including the cost of labor and materials) and is being performed by a depot-level activity of the Department of Defense.

(c)Exception for Public-Private Partnerships.—

The requirements of subsection (a) may be waived in the case of a depot-level maintenance and repair workload that is performed at a Center of Industrial and Technical Excellence designated under subsection (a) of section 2474 of this title by a public-private partnership entered into under subsection (b) of such section consisting of a depot-level activity and a private entity.

(d)Inapplicability of OMB Circular A–76.—

Office of Management and Budget Circular A–76 (or any successor administrative regulation or policy) does not apply to a performance change to which subsection (a) applies.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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”.

§2469 Contracts to Perform Workloads Previously Performed by Depot-level Activities of the Department of Defense: Requirement of Competition

Summary

Title 10, §2469

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata