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10 U.S.C. § 2469 — Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2469 — Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2474&num=0&edition=prelim) 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.

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Source file: Laws/federal/codes/united-states-code/title-10/section-2469-contracts-to-perform-workloads-previously-performed-by-depot-level-activ--4e9acf6841.md
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Source location: Title 10, Chapter 146, § 2469; chapter-146-contracting-for-performance-of-civilian-commercial-or-industrial-type-functions.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2474 — Centers of Industrial and Technical Excellence: designation; public-private partnerships

**(a) Designation.—** (1) The Secretary concerned, or the Secretary of Defense in the case of a Defense Agency, shall designate each depot-level activity or military arsenal facility of the military departments and the Defense Agencies (other than facilities approved for closure or major realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; [10 U.S.C. 2687](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim) note)) as a Center of Industrial and Technical Excellence in the recognized core competencies of the designee. (2) The Secretary of Defense shall establish a policy to encourage the Secretary of each military department and the head of each Defense Agency to reengineer industrial processes and adopt best-business practices at their Centers of Industrial and Technical Excellence in connection with their core competency requirements, so as to serve as recognized leaders in their core competencies throughout the Department of Defense and in the national technology and industrial base (as defined in [section 4801(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4801/1&num=0&edition=prelim)). (3) The Secretary of a military department may conduct a pilot program, consistent with applicable requirements of law, to test any practices referred to in paragraph (2) that the Secretary determines could improve the efficiency and effectiveness of operations at Centers of Industrial and Technical Excellence, improve the support provided by the Centers for the armed forces user of the services of the Centers, and enhance readiness by reducing the time that it takes to repair equipment. **(b) Public-Private Partnerships.—*

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2469 — Contracts to perform workloads pre-

Page 1952 TITLE 10—ARMED FORCES [§ 2467 grams while also allowing the depot-level activities to remain in operation to continue to perform their defense readiness mission. ‘‘(b) CONDITIONS.—The Secretary shall ensure that ac- tivities conducted under this section— ‘‘(1) do not interfere with the closure or realign- ment of a depot-level activity of the military depart- ments under a base closure law; and ‘‘(2) do not adversely affect the readiness or pri- mary mission of a participating depot-level activity.’’ CONTINUATION OF PERCENTAGE LIMITATIONS ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE Pub. L. 103–160, div. A, title III, § 343, Nov. 30, 1993, 107 Stat. 1624, provided that: ‘‘The Secretary of Defense shall ensure that the percentage limitations applicable to the depot-level maintenance workload performed by non-Federal Government personnel set forth in section 2466 of title 10, United States Code, are adhered to.’’ EFFECT OF 1992 AMENDMENTS ON EXISTING CONTRACTS Pub. L. 102–484, div. A, title III, § 352(d), Oct. 23, 1992, 106 Stat. 2378, provided that: ‘‘The Secretary of a mili- tary department and the Secretary of Defense, with re- spect to the Defense Agencies, may not cancel a depot- level maintenance contract in effect on the date of the enactment of this Act [Oct. 23, 1992] in order to comply with the requirements of section 2466(a) of title 10, United States Code, as amended by subsection (a).’’ PROHIBITION ON CANCELLATION OF CONTRACTS IN EFFECT ON DECEMBER 5, 1991 Pub. L. 102–190, div. A, title III, § 314(a)(3), Dec. 5, 1991, 105 Stat. 1337, provided that: ‘‘The Secretary of the Army and the Secretary of the Air Force may not can- cel a depot-level maintenance contract in effect on the date of the enactment of this Act [Dec. 5, 1991] in ord

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