Page:United States Statutes at Large Volume 111 Part 2.djvu/617

 PUBLIC LAW 105-85—NOV. 18, 1997 111 STAT. 1697 "(1) a depot-level maintenance and repair workload that is to be consolidated to another military installation (other than a closed or realigned military installation) as a result of a base closure or realignment action or a decision made by the Secretary concerned or the Defense Depot Maintenance Council; "(2) a workload necessary to maintain a core logistics capability identified under section 2464 of this title; or "(3) any contract originally entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 1998. "(d) CONDITIONS AND SOLICITATION. — A solicitation of offers for the performance of any depot-level maintenance and repair workload described in subsection (b) may be issued, and a contract may be awarded pursuant to such a solicitation, only if the following conditions are met with respect to the contract and the solicitation specifically states the conditions: "(1) The source selection process used in the case of the solicitation and contract permits the consideration of offers submitted by private sector sources and offers submitted by public sector sources. "(2) The source selection process used in the case of the solicitation and contract requires that, in the comparison of offers, there be taken into account— "(A) the fair market value (or if fair market value cannot be determined, the estimated book value) of any land, plant, or equipment from a military installation that is proposed by a private offeror to be used to meet a specific workload (whether these assets are provided to the offeror by a local redevelopment authority or by any other source approved by an official of the Department of Defense); and "(B) the total estimated direct and indirect costs that will be incurred by the Department of Defense and the total estimated direct and indirect savings (including overhead) that will be derived by the Department of Defense. "(3) The cost standards used to determine the depreciation of facilities and equipment shall, to the maximum extent practicable, provide identical treatment to all public and private sector offerors. "(4) Any offeror, whether public or private, may offer to perform the workload at any location or locations selected by the offeror and to team with any other public or private entity to perform that workload at one or more locations, including a Center of Industrial and Technical Excellence designated under section 2474 of this title. "(5) No offeror may be given any preferential consideration for, or in any way be limited to, performing the workload in-place or at any other single location. "(e) CONTRACTS FOR MULTIPLE WORKLOADS.— (1) A solicitation may be issued for a single contract for the performance of multiple depot-level maintenance and repair workloads described in subsection (b) only if— "(A) the Secretary of Defense determines in writing that the individual workloads cannot as logically and economically

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