(a) In General.— In this chapter, the term “depot-level maintenance and repair” means (except as provided in subsection (b)) material maintenance or repair requiring the overhaul, upgrading, or rebuilding of parts, assemblies, or subassemblies, and the testing and reclamation of equipment as necessary, regardless of the source of funds for the maintenance or repair or the location at which the maintenance or repair is performed. The term includes
(1) all aspects of software maintenance classified by the Department of Defense as of July 1, 1995, as depot-level maintenance and repair, and
(2) interim contractor support or contractor logistics support (or any similar contractor support), to the extent that such support is for the performance of services described in the preceding sentence.
(1)The term does not include the procurement of major modifications or upgrades of weapon systems that are designed to improve program performance or the nuclear refueling or defueling of an aircraft carrier and any concurrent complex overhaul. A major upgrade program covered by this exception could continue to be performed by private or public sector activities.
(2)The term also does not include the procurement of parts for safety modifications. However, the term does include the installation of parts for that purpose.
In this chapter, the term “depot-level maintenance and repair”—
(1)means any action performed on materiel or software in the conduct of inspection, repair, overhaul, or the modification or rebuild of end-items, assemblies, subassemblies, and parts, that—
(A)requires extensive industrial facilities, specialized tools and equipment, or uniquely experienced and trained personnel that are not available in lower echelon-level maintenance activities; and
(B)is a function and, as such, is independent of any location or funding source and may be performed in the public or private sectors (including the performance of interim contract support or contract logistic support arrangements); and
(A)the fabrication of parts, testing, and reclamation, as necessary;
(B)the repair, adaptive modifications or upgrades, change events made to operational software, integration and testing; and
(C)in the case of either hardware or software modifications or upgrades, the labor associated with the application of the modification.
2011—Pub. L. 112–81amended section generally. Prior to amendment, section related to definition of depot-level maintenance and repair and provided for certain exceptions.
1998—Subsec. (a). Pub. L. 105–261inserted “or the location at which the maintenance or repair is performed” before period at end of first sentence.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Thursday, March 14, 2013
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