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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - 10 U.S.C. § 2469 - U.S. Code - Unannotated Title 10. Armed Forces § 2469. Contracts to perform workloads previously performed by depot-level activities of the Department of Defense: requirement of competition - last updated January 01, 2024 | https://codes.findlaw.com/us/title-10-armed-forces/10-usc-sect-2469/
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