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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title III § 353(a) · 106 Stat. 2315

   Enacted · 10 U.S.C. § 2469

   Added Pub. L. 102–484, div. A, title III, § 353(a), Oct. 23, 1992, 106 Stat. 2378

   Source evidence

   Code source credit
   Added Pub. L. 102–484, div. A, title III, § 353(a), Oct. 23, 1992, 106 Stat. 2378

   Enacted provision · exact public law section
   (a) Competition Requirement.— Chapter 146 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition “The Secretary of Defense or the Secretary of a military department may not change the performance of a depot-level maintenance workload that has a threshold value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense unless, prior to any such change, the Secretary uses competitive procedures to make the change.”.

2. 1993

   Pub. L. 103–160 § 346 · 107 Stat. 1547

   1. Amended · 10 U.S.C. § 2469

      Pub. L. 103–160, § 346, amended section, as amended by Pub. L. 103–160, § 1182(a)(7), (h), by designating existing provisions as subsec. (a)

   2. Inserted · 10 U.S.C. § 2469

      Pub. L. 103–160, § 346, inserting heading

   3. Struck · 10 U.S.C. § 2469

      Pub. L. 103–160, § 346, striking out “threshold” before “value”

   4. Substituted · 10 U.S.C. § 2469

      Pub. L. 103–160, § 346, substituting “to performance by a contractor unless the Secretary uses competitive procedures for the selection of the contractor to perform such workload” for “unless the Secretary uses competitive procedures to make the change”

   5. Added · 10 U.S.C. § 2469

      Pub. L. 103–160, § 346, adding subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 103–160, § 346, amended section, as amended by Pub. L. 103–160, § 1182(a)(7), (h), by designating existing provisions as subsec. (a), inserting heading, striking out “threshold” before “value”, substituting “to performance by a contractor unless the Secretary uses competitive procedures for the selection of the contractor to perform such workload” for “unless the Secretary uses competitive procedures to make the change”, and adding subsec. (b).

   Enacted provision · exact public law section
   SEC. 346. SENSE OF CONGRESS ON THE ROLE OF DEPOT-LEVEL ACTIVITIES OF THE DEPARTMENT OF DEFENSE. (a) Findings.— The Congress makes the following findings: (1) The depot-level maintenance and repair activities of the Department of Defense provide the Armed Forces with a critical capacity to respond to the needs of the Armed Forces for depot-level maintenance and repair of weapon systems and equipment. (2) The depot-level maintenance and repair activities of the Department of Defense provide the Department with capabilities that are uniquely suited to responding to the increased need for repair and maintenance of weapon systems and equipment which may arise in times of national crisis. (3) The skilled employees and equipment of the depotlevel maintenance and repair activities of the Department of Defense are an essential component of the overall defense industrial base of the United States. (4) The critical role of the depot-level maintenance and repair activities of the Department of Defense is recognized in section 2466 of title 10, United States Code, which provides that the Secretary of a military department and, with respect to a Defense Agency, the Secretary of Defense, may not contract for the performance by non-Federal Government personnel of more than 40 percent of the depot-level maintenance workload for the military department or the Defense Agency. (5) Maintenance of this critical industrial capability in the Department of Defense requires that an appropriate level of the depot-level maintenance and repair of new weapon systems be assigned to depot-level maintenance and repair activities of the Department of Defense. (b) Sense of Congress.— It is the sense of the Congress that, in order to maintain the critical depot-level maintenance and repair capability for military weapon systems and equipment, the Secretary of Defense shall, to the maximum extent practicable, ensure that a sufficient amount of the depot-level maintenance and repair of new weapon systems and equipment is assigned to depot-level maintenance and repair activities of the Department of Defense, consistent with the requirements of section 2466 of title 10, United States Code.

3. 1993

   Pub. L. 103–160 § 1182(a)(7) · 107 Stat. 1547

   Struck · 10 U.S.C. § 2469

   Pub. L. 103–160, § 1182(a)(7), struck out “, prior to any such change,” after “Department of Defense unless”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–160, § 1182(a)(7), struck out “, prior to any such change,” after “Department of Defense unless”.

   Enacted provision · exact public law section
   (7) Section 2469 is amended by striking out “, prior to any such change,”.

4. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title III § 338 · 108 Stat. 2663

   Amended · 10 U.S.C. § 2469

   Pub. L. 103–337 amended section generally. Prior to amendment, section read as follows:

   Source evidence

   Code amendment note
   Pub. L. 103–337 amended section generally. Prior to amendment, section read as follows:

   “(a) Requirement for Competition.—The Secretary of Defense or the Secretary of a military department may not change the performance of a depot-level maintenance workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense to performance by a contractor unless the Secretary uses competitive procedures for the selection of the contractor to perform such workload. “(b) Inapplicability of OMB Circular A–76.—The use of Office of Management and Budget Circular A–76 shall not apply to a performance change under subsection (a).”

   Enacted provision · exact public law section
   SEC. 338. CHANGE OF SOURCE FOR PERFORMANCE OF DEPOT-LEVEL WORKLOADS. The text of section 2469 of title 10, United States Code, is amended to read as follows: “(a) Requirement for Competition.— The Secretary of Defense shall ensure that the performance of a depot-level maintenance or 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.— Subsection (a) applies to any depot-level maintenance or repair workload that has a value of not less than $3,000,000 and is being performed by a depot-level activity of the Department of Defense. “(c) 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.”.

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 311(f)(1) · 110 Stat. 186

   Repealed · 10 U.S.C. § 2469

   Pub. L. 104–106, § 311(f)(1), which directed repeal of this section, was repealed by Pub. L. 105–85, § 363

   Source evidence

   Code amendment note
   Pub. L. 104–106, § 311(f)(1), which directed repeal of this section, was repealed by Pub. L. 105–85, § 363.

   Enacted provision · exact public law section
   (1) Sections 2466 and 2469 of title 10, United States Code, are repealed.

6. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 363 · 111 Stat. 1629

   Repealed · 10 U.S.C. § 2469

   Pub. L. 105–85, § 363, repealed Pub. L. 104–106, § 311(f)(1). See 1996 Amendment note below

   Source evidence

   Code amendment note
   Pub. L. 105–85, § 363, repealed Pub. L. 104–106, § 311(f)(1). See 1996 Amendment note below.

   Enacted provision · exact public law section
   SEC. 363. REPEAL OF A CONDITIONAL REPEAL OF CERTAIN DEPOTLEVEL MAINTENANCE AND REPAIR LAWS AND A RELATED REPORTING REQUIREMENT. Section 311 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 247; 10 U.S.C. 2464 10 USC 2466 note. note) is amended by striking out subsections (f) and (g).

7. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 355(b) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 2469(a); 10 U.S.C. § 2469(b)

   Pub. L. 105–85, § 355(b), substituted “maintenance and repair” for “maintenance or repair”

   Source evidence

   Code amendment note
   Subsecs. (a), (b). Pub. L. 105–85, § 355(b), substituted “maintenance and repair” for “maintenance or repair”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 2469 of title 10, United States Code, is amended in subsections (a) and (b), by striking out “or repair” and inserting in lieu thereof “and repair”.

8. 1999

   Pub. L. 106–65 div. A title III § 334 · 113 Stat. 512

   Inserted · 10 U.S.C. § 2469(b)

   Pub. L. 106–65 inserted “(including the cost of labor and materials)” after “$3,000,000”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–65 inserted “(including the cost of labor and materials)” after “$3,000,000”.

   Enacted provision · exact public law section
   SEC. 334. APPLICABILITY OF COMPETITION REQUIREMENT IN CONTRACTING OUT WORKLOADS PERFORMED BY DEPOTLEVEL ACTIVITIES OF DEPARTMENT OF DEFENSE. Section 2469(b) of title 10, United States Code, is amended by inserting “(including the cost of labor and materials)” after “$3,000,000”.

9. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 § 333(1) · 117 Stat. 1392

   Substituted · 10 U.S.C. § 2469(b)

   Pub. L. 108–136, § 333(1), substituted “Except as provided in subsection (c), subsection” for “Subsection”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 108–136, § 333(1), substituted “Except as provided in subsection (c), subsection” for “Subsection”.

   Enacted provision · exact public law section
   (1) in subsection (b), by striking “Subsection” and inserting “Except as provided in subsection (c), subsection”;

10. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 333(2) · 117 Stat. 1392

    1. Added · 10 U.S.C. § 2469(c); 10 U.S.C. § 2469(d)

       Pub. L. 108–136, § 333(2), (3), added subsec. (c)

    2. Redesignated · 10 U.S.C. § 2469(c); 10 U.S.C. § 2469(d)

       Pub. L. 108–136, § 333(2), (3), redesignated former subsec. (c) as (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 108–136, § 333(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

    Enacted provision · exact public law section
    (2) by redesignating subsection (c) as subsection (d); and

15 of 15 references resolved to an enrolled provision