
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7299a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                       CHAPTER 633--NAVAL VESSELS
 
Sec. 7299a. 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 particular type of shipyard or geographical 
area or by a similar requirement.
    (b) In evaluating bids or proposals for a contract 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 outside area back to the homeport at the 
completion of the contract.
    (c)(1) Before issuing a solicitation for a contract for short-term 
work for the overhaul, repair, or maintenance of a naval vessel, the 
Secretary 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 homeport 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 subsection (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 six months or less.

(Added Pub. L. 97-295, Sec. 1(48)(A), Oct. 12, 1982, 96 Stat. 1298; 
amended Pub. L. 99-661, div. A, title XII, Sec. 1201(a), Nov. 14, 1986, 
100 Stat. 3967; Pub. L. 100-180, div. A, title XI, Sec. 1101, Dec. 4, 
1987, 101 Stat. 1145; Pub. L. 101-510, div. A, title XIV, Sec. 1422, 
Nov. 5, 1990, 104 Stat. 1682; Pub. L. 102-484, div. A, title X, 
Sec. 1016, Oct. 23, 1992, 106 Stat. 2485.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
7299a.................................  10:7291 (note).                      Ju
ne 11, 1965, Pub. L. 89-37, Secs.
                                                                              3
02, 303, 79 Stat. 128.
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---------------------------------

    In subsection (a), the words ``combatant vessels'' are substituted 
for ``warships'' for consistency in title 10 and because of 1:3. The 
words ``for which appropriations are authorized by this Act and 
hereafter'' are omitted as unnecessary.


                               Amendments

    1992--Subsec. (a). Pub. L. 102-484, Sec. 1016(a), (b)(1), 
redesignated subsec. (b) as (a) and struck out former subsec. (a) which 
read as follows: ``The distribution of assignments and contracts for the 
construction of combatant vessels and escort vessels is subject to the 
Act of March 27, 1934 (ch. 95, 48 Stat. 503), requiring that the first 
and each succeeding alternate vessel be constructed in a Navy yard. 
However, the President may direct that a vessel be constructed in a Navy 
or private yard if the requirement of this subsection is inconsistent 
with the public interest.''
    Subsec. (b). Pub. L. 102-484, Sec. 1016(b)(1), redesignated subsec. 
(c) as (b). Former subsec. (b) redesignated (a).
    Subsecs. (c), (d). Pub. L. 102-484, Sec. 1016(b), redesignated 
subsec. (d) as (c) and substituted ``subsection (a)'' for ``subsection 
(b)'' in par. (2). Former subsec. (c) redesignated (b).
    1990--Subsec. (d)(3). Pub. L. 101-510 substituted ``apply in the 
case of voyage repairs.'' for ``apply--
        ``(A) in the case of voyage repairs; or
        ``(B) in the case of a vessel that is assigned to the Naval 
    Reserve force and homeported on the West Coast of the United 
    States.''
    1987--Subsec. (d). Pub. L. 100-180 amended subsec. (d) generally. 
Prior to amendment, subsec. (d) read as follows:
    ``(1) Notwithstanding subsections (b) and (c), the Secretary may 
award a contract for short-term work for the overhaul, repair, or 
maintenance of a naval vessel only to a contractor that is able to 
perform the work at the homeport of the vessel, if the Secretary 
determines that adequate competition is available among firms able to 
perform the work at the homeport of the vessel.
    ``(2) In this subsection, the term `short-term work' means work that 
will be for a period of six months or less.''
    1986--Subsecs. (c), (d). Pub. L. 99-661 added subsecs. (c) and (d).

                         Delegation of Authority

    For delegation of authority of President under subsec. (a) of this 
section, see section 2 of Ex. Ord. No. 12765, June 11, 1991, 56 F.R. 
27401, set out as a note under section 113 of this title.
