Pub. L. 105-261, div. A, tit. III, subtit. E, sec. 345
CONTRACTOR-OPERATED CIVIL ENGINEERING SUPPLY STORES PROGRAM.
SEC. 345. CONTRACTOR-OPERATED CIVIL ENGINEERING SUPPLY STORES PROGRAM. (a) Definitions.— In this section: (1) The term “contractor-operated civil engineering supply store” means a Government-owned facility that, as of the date of the enactment of this Act, is operated by a contractor under the contractor-operated civil engineering supply store program of the Department of the Air Force (known as the “COCESS program”) for the purpose of— (A) maintaining inventories of civil engineering supplies on behalf of a military department; and (B) furnishing such supplies to the department as needed. (2) The term “civil engineering supplies” means parts and supplies needed for the repair and maintenance of military installations. (b) FINDINGS.— Congress finds the following: (1) In 1970, the Strategic Air Command of the Air Force began to use contractor-operated civil engineering supply stores to improve the efficiency and effectiveness of materials management and relieve the Air Force from having to maintain large inventories of civil engineering supplies. (2) Contractor-operated civil engineering supply stores are designed to support the civil engineering and public works efforts of the Armed Forces through the provision of quality civil engineering supplies at competitive prices and within a reasonable period of time. (3) Through the use of a contractor-operated civil engineering supply store, a guaranteed inventory level of civil engineering supplies is maintained at a military installation, which ensures that urgently needed civil engineering supplies are available on site. 112 STAT. 1979 (4) The contractor operating the contractor-operated civil engineering supply store is an independent business organization whose customer is a military department and the Armed Forces and who is subject to all the rules of private business and the regulations of the Government. (5) The use of contractor-operated civil engineering supply stores ensures the best price and best buy for the Government. (6) Ninety-five percent of the cost savings realized through the use of contractor-operated civil engineering supply stores is due to savings in the cost of actually procuring supplies. (7) In the past 30 years, private contractors have never lost a cost comparison conducted pursuant to the criteria set forth in Office of Management and Budget Circular A–76 for the provision of civil engineering supplies to the Government. (c) Conditions on Multi function Contracts.— A civil engineering supplies function that is performed, as of the date of the enactment of this Act, by a contractor-operated civil engineering supply store may not be combined with another supply function or any service function, including any base operating support function, for purposes of competition or contracting, until 60 days after the date on which the Secretary of Defense submits to Congress a report— (1) notifying Congress of the proposed combined competition or contract; and (2) explaining why a combined competition or contract is the best method by which to achieve cost savings and efficiencies to the Government. (d) GAO Reviews.— Not later than 50 days after the date on which the Secretary of Defense submits a report to Congress under subsection (c), the Comptroller General shall review the report and submit to Congress a briefing regarding whether the cost savings and efficiencies identified in the report are achievable. (e) Relationship to Other Laws.— If a civil engineering supplies function covered by subsection (c) is proposed for combination with a supply or service function that is subject to the study and reporting requirements of section 2461 of title 10, United States Code, the Secretary of Defense may include the report required under subsection (c) as part of the report under such section.