
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2469]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
   CHAPTER 146--CONTRACTING FOR PERFORMANCE OF CIVILIAN COMMERCIAL OR 
                        INDUSTRIAL TYPE FUNCTIONS
 
Sec. 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.--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) 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, Sec. 353(a), Oct. 23, 1992, 
106 Stat. 2378; amended Pub. L. 103-160, div. A, title III, Sec. 346, 
title XI, Sec. 1182(a)(7), Nov. 30, 1993, 107 Stat. 1625, 1771; Pub. L. 
103-337, div. A, title III, Sec. 338, Oct. 5, 1994, 108 Stat. 2718; Pub. 
L. 104-106, div. A, title III, Sec. 311(f)(1), Feb. 10, 1996, 110 Stat. 
248; Pub. L. 105-85, div. A, title III, Secs. 355(b), 363, Nov. 18, 
1997, 111 Stat. 1694, 1702; Pub. L. 106-65, div. A, title III, Sec. 334, 
Oct. 5, 1999, 113 Stat. 568.)


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65 inserted ``(including the cost of 
labor and materials)'' after ``$3,000,000''.
    1997--Pub. L. 105-85, Sec. 363, repealed Pub. L. 104-106, 
Sec. 311(f)(1). See 1996 Amendment note below.
    Subsecs. (a), (b). Pub. L. 105-85, Sec. 355(b), substituted 
``maintenance and repair'' for ``maintenance or repair''.
    1996--Pub. L. 104-106, Sec. 311(f)(1), which directed repeal of this 
section, was repealed by Pub. L. 105-85, Sec. 363.
    1994--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).''
    1993--Pub. L. 103-160, Sec. 346, amended section, as amended by Pub. 
L. 103-160, Sec. 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).
    Pub. L. 103-160, Sec. 1182(a)(7), struck out ``, prior to any such 
change,'' after ``Department of Defense unless''.
