Page:United States Statutes at Large Volume 108 Part 4.djvu/84

 108 STAT. 2718 PUBLIC LAW 103-337—OCT. 5, 1994 (2) preserving employment and skills of employees currently employed by the depot-level activities or providing for the reemplojntnent and retraining of employees who, as the result of the closure, realignment, or reduced in-house workload of such activities, may become unemployed; and (3) supporting the goals of other defense conversion, reinvestment, and transition assistance programs while also allowing the depot-level activities to remain in operation to continue to perform their defense readiness mission. (b) CONDITIONS.—The Secretary shall ensure that activities conducted under this section— (1) do not interfere with the closure or realignment of a depot-level activity of the military departments under a base closure law; and (2) do not adversely affect the readiness or primary mission of a participating depot-level activity. SEC. 338. CHANGE OF SOURCE FOR PERFORMANCE OF DEPOT-LEVEL WORKLOADS. The text of section 2469 of title 10, United States Code, is amended to read as follows: "(a) REQUIREMENT FOR COMPETITION.— The Secretary of Defense shall ensure that the performance of a depot-level maintenance or 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 or repair 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. "(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.". SEC. 339. SALE OF ARTICLES AND SERVICES OF INDUSTRIAL FACILI- TIES OF THE ARMED FORCES TO PERSONS OUTSIDE THE DEPARTMENT OF DEFENSE. (a) IN GENERAL.—(1) Subchapter II of chapter 152 of title 10, United States Code, is amended by adding at the end the following new section: ^'§2553. Articles and services of industrial facilities: sale to persons outside the Department of Defense "(a) AUTHORITY TO SELL OUTSIDE DOD.— (1) The Secretary of Defense may sell in accordance with this section to a person outside the Department of Defense articles and services referred to in paragraph (2) that are not available from any United States commercial source. "(2)(A) Except as provided in subparagraph (B), articles and services referred to in paragraph (1) are articles and services that Eire manufactured or performed by any working-capital funded industrial facility of the armed forces.

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