10 U.S.C. § 8669a — Construction of combatant and escort vessels and assignment of vessel projects
submitted 44 years ago by Pub. L. 97-295 to r/title-10-ARMED-FORCES · 282 words · no verdicts yet
The Navy must assign ship conversion, alteration, and repair projects based on economic and military considerations. For short-term work, it must first check whether enough firms can perform the work at the vessel’s homeport and, if so, follow the homeport solicitation and award rules.
(a) When the Navy assigns projects to convert, alter, or repair its vessels, it must base those decisions on economic and military factors. The Navy isn't allowed to follow a rule that certain kinds of shipwork must always go to a particular type of shipyard, a particular geographic region, or anything similar — the assignment has to be based on merit, not built-in favoritism.
(b) When the Navy compares bids or proposals for a contract to overhaul, repair, or maintain a vessel, it sometimes considers work that would happen away from where the ship is normally based (its "homeport"). In figuring out the true cost of that option, the Navy must include the foreseeable cost of moving the ship and its crew out to that other location and then back home again once the work is done.
(c) Before asking companies to bid on a short-term repair, overhaul, or maintenance job, the Navy must first determine whether there is adequate competition among firms able to perform the work at the vessel's homeport. If there is adequate competition among those firms, the Navy must limit its request for bids to firms able to perform the work at the homeport, and it can't award the contract to any firm that won't actually do the work at the homeport. This homeport-first rule overrides subsection (a) and any other law that might otherwise apply. It doesn't apply, though, to "voyage repairs" — repairs done while a ship is out on a trip. And it only covers "short-term work," meaning jobs expected to take 18 months or less; longer jobs aren't covered by this homeport-first rule.
The assignment of naval vessel conversion, alteration, and repair projects shall be based on economic and military considerations and may not be restricted by a requirement that certain parts of naval shipwork be assigned to a particular type of shipyard or geographical area or by a similar requirement.
In evaluating bids or proposals for a contract for the overhaul, repair, or maintenance of a naval vessel, the Secretary of the Navy shall, in determining the cost or price of work to be performed in an area outside the area of the homeport of the vessel, consider foreseeable costs of moving the vessel and its crew from the homeport to the outside area and from the outside area back to the homeport at the completion of the contract.
Before issuing a solicitation for a contract for short-term work for the overhaul, repair, or maintenance of a naval vessel, the Secretary of the Navy shall determine if there is adequate competition available among firms able to perform the work at the homeport of the vessel. If the Secretary determines that there is adequate competition among such firms, the Secretary—
shall issue such a solicitation only to firms able to perform the work at the homeport of the vessel; and
may not award such contract to a firm other than a firm that will perform the work at the homeport of the vessel.
Paragraph (1) applies notwithstanding subsection (a) or any other provision of law.
Paragraph (1) does not apply in the case of voyage repairs.
In this subsection, the term “short-term work” means work that will be for a period of 18 months or less.
Source credit: (Added Pub. L. 97–295, § 1(48)(A), Oct. 12, 1982, 96 Stat. 1298, § 7299a; amended Pub. L. 99–661, div. A, title XII, § 1201(a), Nov. 14, 1986, 100 Stat. 3967; Pub. L. 100–180, div. A, title XI, § 1101, Dec. 4, 1987, 101 Stat. 1145; Pub. L. 101–510, div. A, title XIV, § 1422, Nov. 5, 1990, 104 Stat. 1682; Pub. L. 102–484, div. A, title X, § 1016, Oct. 23, 1992, 106 Stat. 2485; Pub. L. 114–328, div. A, title X, § 1021, Dec. 23, 2016, 130 Stat. 2388; renumbered § 8669a, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836; Pub. L. 118–159, div. A, title X, § 1023(a), Dec. 23, 2024, 138 Stat. 2052; Pub. L. 119–60, div. A, title X, § 1012, Dec. 18, 2025, 139 Stat. 1030.)
- 1982Enacted · Pub. L. 97-295 · 96 Stat. 1298
- 1986Amended · Pub. L. 99-661 · 100 Stat. 3967
- 1987Amended · Pub. L. 100-180 · 101 Stat. 1145
- 1990Amended · Pub. L. 101-510 · 104 Stat. 1682
- 1992Amended · Pub. L. 102-484 · 106 Stat. 2485
- 2016Amended · Pub. L. 114-328 · 130 Stat. 2388
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1836
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2052
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1030
A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-295 on 1982-10-12.
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