Page:United States Statutes at Large Volume 107 Part 2.djvu/675

 PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1625 (2) The depot-level maintenance and repair activities of the Department of Defense provide the Department with capabilities that are imiquely suited to responding to the increased need for repair and maintenance of weapon systems and eqmpment whicn 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. —I t is the sense of the Congress that, in order to maintain the critical depot-level maintenance and repair capabiliW 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. SEC. 346. CONTRACTS TO PERFORM WORKLOADS PREVIOUSLY PER- FORMED BY DEPOT-LEVEL ACTIVITIES OF THE DEPART- MENT OF DEFENSE. Section 2469 of title 10, United States Code, is amended— (1) by inserting "(a) REQUIREMENT FOR COMPETITION.— " before "The Secretary of Defense"; (2) by striking out "threshold"; (3) by striking out "unless" and all that follows and inserting in lieu thereof "to performance by a contractor unless the Secretary uses competitive procedures for the selection of the contractor to perform such workload."; and (4) by adding at the end the following new subsection: "(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).". SEC. 347. AUTHORITY TO WAIVE CERTAIN CLAIMS OF THE UNITED STATES. (a) DESCRIPTION OF CLAIMS INVOLVED.— This section applies Virginia. with respect to any claim of the United States against an individual Florida. which relates to a bonus or other payment awarded to such individual under a productivity gainsharing program based on work performed by such individual as an employee of Naval Aviation Depot, Norfolk, Virginia, or as an employee of Naval Aviation Depot, Jacksonville, Florida, after September 30, 1988, and before October 1, 1992. 69-194O-94-22:QL.3Part2

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