10 U.S.C. § 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.—

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.

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 .)