§2468. Military installations: authority of base commanders over contracting for commercial activities

(a) Authority of Base Commander.-The Secretary of Defense shall direct that the commander of each military installation shall have the authority and the responsibility to enter into contracts in accordance with this section for the performance of a commercial activity on the military installation.

(b) Yearly Duties of Base Commander.-To enter into a contract under subsection (a) for a fiscal year, the commander of a military installation shall-

(1) prepare an inventory for that fiscal year of commercial activities carried out by Government personnel on the military installation;

(2) decide which commercial activities shall be reviewed under the procedures and requirements of Office of Management and Budget Circular A–76 (or any successor administrative regulation or policy); and

(3) conduct a solicitation for contracts for the performance of those commercial activities selected for conversion to contractor performance under the Circular A–76 process.

(c) Limitations.-(1) The Secretary of Defense shall prescribe regulations under which the commander of each military installation may exercise the authority and responsibility provided under subsection (a).

(2) The authority and responsibility provided under subsection (a) are subject to the authority, direction, and control of the Secretary.

(d) Assistance to Displaced Employees.-If the commander of a military installation enters into a contract under subsection (a), the commander shall, to the maximum extent practicable, assist in finding suitable employment for any employee of the Department of Defense who is displaced because of that contract.

(e) Military Installation Defined.-In this section, the term "military installation" means a base, camp, post, station, yard, center, or other activity under the jurisdiction of the Secretary of a military department which is located within the United States, the Commonwealth of Puerto Rico, or Guam.

(f) Termination of Authority.-The authority provided to commanders of military installations by subsection (a) shall terminate on September 30, 1995.

(Added Pub. L. 101–189, div. A, title XI, §1131(a)(1), Nov. 29, 1989, 103 Stat. 1560 ; amended Pub. L. 101–510, div. A, title IX, §921, Nov. 5, 1990, 104 Stat. 1627 ; Pub. L. 102–190, div. A, title III, §315(a), Dec. 5, 1991, 105 Stat. 1337 ; Pub. L. 103–160, div. A, title III, §370(c), Nov. 30, 1993, 107 Stat. 1634 ; Pub. L. 103–337, div. A, title III, §386(c), Oct. 5, 1994, 108 Stat. 2742 .)

Amendments

1994-Subsec. (f). Pub. L. 103–337 substituted "September 30, 1995" for "September 30, 1994".

1993-Subsec. (f). Pub. L. 103–160 substituted "September 30, 1994" for "September 30, 1993".

1991-Subsec. (f). Pub. L. 102–190 substituted "September 30, 1993" for "September 30, 1991".

1990-Subsec. (f). Pub. L. 101–510 substituted "September 30, 1991" for "September 30, 1990".

Effective Date of 1991 Amendment

Section 315(b) of Pub. L. 102–190 provided that: "The amendment made by subsection (a) [amending this section] shall take effect as of September 30, 1991."

Effective Date

Section 1131(b) of Pub. L. 101–189 provided that: "Section 2468 of title 10, United States Code (as added by subsection (a)), shall take effect as of October 1, 1989."