10 U.S.C. § 8684 — Overhaul of naval vessels: competition between public and private shipyards

submitted 38 years ago by Pub. L. 100-456 to r/title-10-ARMED-FORCES · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

When public and private shipyards compete for Navy repair work, the Secretary should follow fair bidding rules. Public shipyard bids must include future retiree benefit costs and, sometimes, a share of Navy supply system costs. Private shipyard bids get Navy oversight costs added before the two are compared and the contract is awarded.

When the Secretary of the Navy awards a project for repair, alteration, overhaul, or conversion of a naval vessel after competition between public and private shipyards, the Secretary should make sure: (1) any public shipyard's bid includes (A) the full cost to the U.S. of that shipyard's civilian employees' future retirement benefits, calculated the way OMB Circular A-76 requires, and (B) if public and private shipyards don't get equal access to the Navy supply system, a fair share of that system's costs; (2) costs for the Navy's shipbuilding-and-repair oversight are added to any private shipyard's bid, to make the comparison fair; and (3) the contract is awarded based on that comparability analysis.

the actual law source: uscode.house.gov ↗public domain

The Secretary of the Navy should ensure, in any case in which the Secretary awards a project for repair, alteration, overhaul, or conversion of a naval vessel following competition between public and private shipyards, that each of the following criteria is met:

(1)

The bid of any public shipyard for the award includes—

(A)

the full costs to the United States associated with future retirement benefits of civilian employees of that shipyard consistent with computation methodology established by Office of Management and Budget Circular A–76; and

(B)

in a case in which equal access to the Navy supply system is not allowed to public and private shipyards, a pro rata share of the costs of the Navy supply system.

(2)

Costs applicable to oversight of the contract by the appropriate Navy supervisor of shipbuilding, conversion, and repair are added to the bid of any private shipyard for the purpose of comparability analysis.

(3)

The award is made using the results of the comparability analysis.

Source credit: (Added Pub. L. 100–456, div. A, title XII, § 1225(a)(1), Sept. 29, 1988, 102 Stat. 2054, § 7313; renumbered § 7314, Pub. L. 101–189, div. A, title XVI, § 1622(a), Nov. 29, 1989, 103 Stat. 1604; renumbered § 8684, Pub. L. 115–232, div. A, title VIII, § 807(d)(2), Aug. 13, 2018, 132 Stat. 1836.)

history & why it existsrecord from the source credit

1988Enacted · Pub. L. 100-456 · 102 Stat. 2054
1989Amended · Pub. L. 101-189 · 103 Stat. 1604
2018Amended · Pub. L. 115-232 · 132 Stat. 1836

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-456 on 1988-09-29.

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