§8684 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of the Navy must make sure that when a Navy ship repair, alteration, overhaul, or conversion job is competed between public and private shipyards, three rules are followed. A public shipyard’s bid must include the full U.S. cost of future civilian retirement benefits as calculated under Office of Management and Budget Circular A–76, and, if public and private yards do not have equal access to the Navy supply system, a fair share of those supply system costs. Costs for oversight by the Navy supervisor of shipbuilding, conversion, and repair must be added to private shipyard bids so bids can be compared fairly. The contract award must be based on that comparison.

Title 10, §8684

Armed Forces — Source: USLM XML via OLRC

The Secretary of the Navy should ensure, in any case in which the Secretary awards a project for repair, alteration, overhaul, or conversion of a naval vessel following competition between public and private shipyards, that each of the following criteria is met:

(1)The bid of any public shipyard for the award includes—

(A)the full costs to the United States associated with future retirement benefits of civilian employees of that shipyard consistent with computation methodology established by Office of Management and Budget Circular A–76; and

(B)in a case in which equal access to the Navy supply system is not allowed to public and private shipyards, a pro rata share of the costs of the Navy supply system.

(2)Costs applicable to oversight of the contract by the appropriate Navy supervisor of shipbuilding, conversion, and repair are added to the bid of any private shipyard for the purpose of comparability analysis.

(3)The award is made using the results of the comparability analysis.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 8684 was renumbered section 9252 of this title.

Amendments

2018—Pub. L. 115–232 renumbered section 7314 of this title as this section. 1989—Pub. L. 101–189 renumbered section 7313 of this title as this section.

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.

Effective Date

Pub. L. 100–456, div. A, title XII, § 1225(b), Sept. 29, 1988, 102 Stat. 2055, provided that: “section 7313 [now 8684] of title 10, United States Code, as added by subsection (a), applies to any award by the Secretary of the Navy made after the end of the 30-day period beginning on the date of the enactment of this Act [Sept. 29, 1988] for repair, alteration, overhaul, or conversion of a naval vessel following competition between public and private shipyards.”

§8684 Overhaul of Naval Vessels: Competition Between Public and Private Shipyards

Summary

Title 10, §8684

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Citations & Metadata