Sec. 883. PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR CONTRACTORS
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## SEC. 883 PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR CONTRACTORS **[**[10 U.S.C. 2302 note](/us/usc/t10/s2302)**]** ###
(a)Authority The Secretary of Defense may carry out a program under which the Secretary may make available storage and distribution services support to a contractor in support of the performance by the contractor of a contract entered into by the Department of Defense. ###
(b)Support Contracts Any storage and distribution services to be provided under the program under this section to a contractor in support of the performance of a contract described in subsection
(a)shall be provided under a separate contract that is entered into by the Director of the Defense Logistics Agency with that contractor. The requirements of section 2208(h) of title 10, United States Code, and the regulations prescribed pursuant to such section shall apply to any such separate support contract between the Director of the Defense Logistics Agency and the contractor. ###
(c)Scope of Support and Services The storage and distribution support services that may be provided under this section in support of the performance of a contract entered into by the Department include storage and distribution of materiel and repair parts necessary for the performance of that contract. ###
(d)Regulations Before exercising the authority under the program under this section, the Secretary of Defense shall prescribe in regulations such requirements, conditions, and restrictions as the Secretary determines appropriate to ensure that storage and distribution services are provided under the program only when it is in the best interests of the United States to do so. The regulations shall include, at a minimum, the following: ####
(1)A requirement to notify a contractor or potential contractor for which storage and distribution services are to be made available under the program, including— #####
(A)a statement that the storage and distribution services are to be made available under the authority of the program under this section on a basis that does not require acceptance of the support and services; and #####
(B)a description of the range of the storage and distribution services that are available to the contractor. ####
(2)A requirement for the rates charged a contractor for storage and distribution services provided to a contractor under the program to reflect the full cost to the United States of the resources used in providing the support and services, including the costs of resources used, but not paid for, by the Department of Defense. ####
(3)With respect to a contract described in subsection
(a)that is being performed for a department or agency outside the Department of Defense, a prohibition, in accordance with applicable contracting procedures, on the imposition of any charge on that department or agency for any effort of Department of Defense personnel or the contractor to correct deficiencies in the performance of such contract. ####
(4)A prohibition on the imposition of any charge on a contractor for any effort of the contractor to correct a deficiency in the performance of storage and distribution services provided to the contractor under this section. ####
(5)A requirement that storage and distribution services provided under the program may not interfere with the mission of the Defense Logistics Agency or of any military department involved with the program. ####
(6)A requirement that any support contract for storage and distribution services entered into under the program shall include a requirement that any failure by the contractor to perform the primary contract is not excusable based on use of the support contract, and the contractor is to remain responsible for performance of the primary contract. ###
(e)Relationship to Treaty Obligations The Secretary shall ensure that the exercise of authority under the program under this section does not conflict with any obligation of the United States under any treaty or other international agreement. ###
(f)Briefings Not later than April 1, 2025, and annually thereafter for five years, the Director of the Defense Logistics Agency, in consultation with the Comptroller General, shall submit to the Committees on Armed Services of the Senate and House of Representatives a briefing and report describing— ####
(1)the cost effectiveness for both the Government and industry of the program; ####
(2)how support contracts under the program affected meeting the requirements of primary contracts; and ####
(3)the number of and location of existing contracts.
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Sec. 883
PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR CONTRACTORS
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