10 U.S.C. § 8669 — Contracts: applicability of chapter 65 of

Page 3323 TITLE 10—ARMED FORCES § 8669a tory, the President may suspend so much of the authorized naval construction as is necessary to bring the naval vessels of the United States within the limitations agreed upon. Such a sus- pension does not apply to vessels under con- struction at the time the suspension is made. (Aug. 10, 1956, ch. 1041, 70A Stat. 449, § 7294; re- numbered § 8664, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7294 ......... 34 U.S.C. 498h (as appli- cable to vessels). May 17, 1938, ch. 243, § 9 (as applicable to ves- sels), 52 Stat. 403. The words ‘‘the United States would welcome and support an international conference for naval limita- tions’’ are omitted as a declaration of purpose without permanent or general significance. The word ‘‘further’’ is omitted since there is no such agreement in exist- ence today. The word ‘‘international’’ is omitted as un- necessary since the word ‘‘treaty’’ necessarily involves an international understanding. The word ‘‘may’’ is substituted for the words ‘‘is hereby authorized and empowered to’’ for brevity. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7294 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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. § 8667. Changing category or type: limitations Unless they have been specifically made avail- able for the purpose, funds appropriated for the repair or alteration of naval vessels may not be used to make repairs or alterations of any vessel that would change its category or type. (Aug. 10, 1956, ch. 1041, 70A Stat. 449, § 7297; re- numbered § 8667, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 7297 ......... 34 U.S.C. 490. June 12, 1948, ch. 452, § 2, 62 Stat. 382. Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7297 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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. § 8669. Contracts: applicability of chapter 65 of title 41 Each contract for the construction, alteration, furnishing, or equipping of a naval vessel is sub- ject to chapter 65 of title 41 unless the President determines that this requirement is not in the interest of national defense. (Added Pub. L. 104–106, div. A, title VIII, § 815(a), Feb. 10, 1996, 110 Stat. 396, § 7299; amended Pub. L. 111–350, § 5(b)(52), Jan. 4, 2011, 124 Stat. 3846; renumbered § 8669, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.) Editorial Notes AMENDMENTS 2018—Pub. L. 115–232 renumbered section 7299 of this title as this section. 2011—Pub. L. 111–350 substituted ‘‘chapter 65 of title 41’’ for ‘‘Walsh-Healey Act’’ in section catchline and for ‘‘the Walsh-Healey Act (41 U.S.C. 35 et seq.)’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment 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. § 8669a. Construction of combatant and escort vessels and assignment of vessel projects (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 par- ticular type of shipyard or geographical area or by a similar requirement. (b) In evaluating bids or proposals for a con- tract 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 out- side area back to the homeport at the comple- tion of the contract. (c)(1) Before issuing a solicitation for a con- tract for short-term work for the overhaul, re- pair, or maintenance of a naval vessel, the Sec- retary 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 home- port 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 sub- section (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 12 months or less.