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

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(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.

(Added Pub. L. 102–484, div. A, title III, § 353(a), Oct. 23, 1992, 106 Stat. 2378; amended Pub. L. 103–160, div. A, title III, § 346, title XI, § 1182(a)(7), Nov. 30, 1993, 107 Stat. 1625, 1771; Pub. L. 103–337, div. A, title III, § 338, Oct. 5, 1994, 108 Stat. 2718; Pub. L. 104–106, div. A, title III, § 311(f)(1), Feb. 10, 1996, 110 Stat. 248; Pub. L. 105–85, div. A, title III, §§ 355(b), 363, Nov. 18, 1997, 111 Stat. 1694, 1702; Pub. L. 106–65, div. A, title III, § 334, Oct. 5, 1999, 113 Stat. 568; Pub. L. 108–136, div. A, title III, § 333, Nov. 24, 2003, 117 Stat. 1442.)

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U.S. Code

Centers of Industrial and Technical Excellence: designation; public-private partnerships
§ 2474

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Pub. L. 102–484, div. A, title III, § 353(a)
106 Stat. 2378
Pub. L. 103–160, div. A, title III, § 346
107 Stat. 1625
Pub. L. 103–337, div. A, title III, § 338
108 Stat. 2718
Pub. L. 104–106, div. A, title III, § 311(f)(1)
110 Stat. 248
Pub. L. 105–85, div. A, title III
111 Stat. 1694
Pub. L. 106–65, div. A, title III, § 334
113 Stat. 568
Pub. L. 108–136, div. A, title III, § 333
117 Stat. 1442
Pub. L. 108–136, § 333(1)
Pub. L. 108–136, § 333(2)
Pub. L. 106–65
Pub. L. 105–85, § 363
Pub. L. 104–106, § 311(f)(1)
Pub. L. 105–85, § 355(b)
Pub. L. 103–337
Pub. L. 103–160, § 346
Pub. L. 103–160, § 1182(a)(7)

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cites case law

§ 2469

Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition

U.S.C.§ 2474

Pub. L.Pub. L. 102–484, div. A, title III, § 353(a)

Stat.106 Stat. 2378

Pub. L.Pub. L. 103–160, div. A, title III, § 346

Stat.107 Stat. 1625

Pub. L.Pub. L. 103–337, div. A, title III, § 338

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