Page:United States Statutes at Large Volume 118.djvu/1889

 118 STAT. 1859 PUBLIC LAW 108–375—OCT. 28, 2004 SEC. 353. PILOT PROGRAM TO AUTHORIZE ARMY WORKING CAPITAL FUNDED FACILITIES TO ENGAGE IN COOPERATIVE ACTIVITIES WITH NON ARMY ENTITIES. (a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—Chapter 433 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 4544. Army industrial facilities: cooperative activities with non Army entities ‘‘(a) COOPERATIVE ARRANGEMENTS AUTHORIZED.—A working capital funded Army industrial facility may enter into a contract or other cooperative arrangement with a non Army entity to carry out with the non Army entity a military or commercial project described in subsection (b), subject to the conditions prescribed in subsection (c). ‘‘(b) AUTHORIZED ACTIVITIES.—A cooperative arrangement entered into by an Army industrial facility under subsection (a) may provide for any of the following activities: ‘‘(1) The sale of articles manufactured by the facility or services performed by the facility to persons outside the Depart ment of the Army. ‘‘(2) The performance of work by a non Army entity at the facility. ‘‘(3) The performance of work by the facility for a non Army entity. ‘‘(4) The sharing of work by the facility and a non Army entity. ‘‘(5) The leasing, or use under a facilities use contract or otherwise, of the facility (including excess capacity) or equip ment (including excess equipment) of the facility by a non Army entity. ‘‘(6) The preparation and submission of joint offers by the facility and a non Army entity for competitive procurements entered into with Federal agency. ‘‘(c) CONDITIONS.—An activity authorized by subsection (b) may be carried out at an Army industrial facility under a cooperative arrangement entered into under subsection (a) only under the fol lowing conditions: ‘‘(1) In the case of an article to be manufactured or services to be performed by the facility, the articles can be substantially manufactured, or the services can be substantially performed, by the facility without subcontracting for more than incidental performance. ‘‘(2) The activity does not interfere with performance of— ‘‘(A) work by the facility for the Department of Defense; or ‘‘(B) a military mission of the facility. ‘‘(3) The activity meets one of the following objectives: ‘‘(A) Maximized utilization of the capacity of the facility. ‘‘(B) Reduction or elimination of the cost of ownership of the facility. ‘‘(C) Reduction in the cost of manufacturing or maintaining Department of Defense products at the facility. ‘‘(D) Preservation of skills or equipment related to a core competency of the facility.

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