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the Secretary deducts and withholds amounts from basic pay payable to an employee or member under subsection (b).

(d) DEFINITIONS.-In this section:

(1) The term "Defense travel card” means a charge or credit card that

(A) is issued to an employee of the Department of Defense or a member of the armed forces under a contract entered into by the Department of Defense with the issuer of the card; and

(B) is to be used for charging expenses incurred by the employee or member in connection with official travel. (2) The term "disposable pay", with respect to a pay period, means the amount equal to the excess of the amount of basic pay or retired pay, as the case may be, payable for the pay period over the total of the amounts deducted and withheld from such pay.

(3) The term "retired pay" means

(A) in the case of a former employee of the Department of Defense, any retirement benefit payable to that individual, out of the Civil Service Retirement and Disability Fund, based (in whole or in part) on service performed by such individual as a civilian employee of the Department of Defense; and

(B) in the case of a retired member of the armed forces or member of the Fleet Reserve or Fleet Marine Corps Reserve, retired or retainer pay to which the member is entitled.

(e) EXCLUSION OF COAST GUARD.-This section does not apply to the Coast Guard.

(Added P.L. 107-314, § 1008(a), Dec. 2, 2002, 116 Stat. 2634.)

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Law applicable to contracts for architectural and engineering services and construction design.

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§ 2855. Law applicable to contracts for architectural and engineering services and construction design

(a) Contracts for architectural and engineering services and construction design in connection with a military construction project or a military family housing project shall be awarded in accordance with chapter 11 of title 40.

(b)(1) In the case of a contract referred to in subsection (a)

(A) if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and

(B) if the Secretary concerned estimates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.).

(2) The initial threshold amount under paragraph (1) is $85,000. The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a).

(3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (15 U.S.C. 637(a)).

(Added P.L. 97-214, § 2(a), July 12, 1982, 96 Stat. 166; amended P.L. 98-407, § 808, Aug. 28, 1984, 98 Stat. 1521; P.L. 107-217, §3(b)(22), Aug. 21, 2002, 116 Stat. 1297.)

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Sec.

[4531.

Repealed.]

CHAPTER 433-PROCUREMENT

4532. Factories and arsenals: manufacture at; abolition of.

[4533 to 4535. Repealed.]

4536. Equipment: post bakeries, schools, kitchens, and mess halls. [4537 to 4539. Repealed.]

4540.

4541.

4542.

4543.

Architectural and engineering services.

Army arsenals: treatment of unutilized or underutilized plant-capacity costs.

Technical data packages for large-caliber cannon: prohibition on transfers to foreign countries; exception.

Army industrial facilities: sales of manufactured articles or services outside Department of Defense.

[§ 4531. Repealed. P.L. 103-160, §823(2), Nov. 30, 1993, 107 Stat. 1707]

§ 4532. Factories and arsenals: manufacture at; abolition of (a) The Secretary of the Army shall have supplies needed for the Department of the Army made in factories or arsenals owned by the United States, so far as those factories or arsenals can make those supplies on an economical basis.

(b) The Secretary may abolish any United States arsenal that he considers unnecessary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 254.)

[§§ 4533 to 4535. Repealed. P.L. 103-160, § 823(3)–(5), Nov. 30, 1993, 107 Stat. 1707]

§ 4536. Equipment: post bakeries, schools, kitchens, and mess halls

Money necessary for the following items for the use of enlisted members of the Army may be spent from appropriations for regular supplies:

(1) Equipment for post bakeries.

(2) Furniture, textbooks, paper, and equipment for post schools.

(3) Tableware and mess furniture for kitchens and mess halls.

(Aug. 10, 1956, ch. 1041, 70A Stat. 254.)

[§§ 4537, 4538. Repealed. P.L. 103-160, §823(6), (7), Nov. 30, 1993, 107 Stat. 1706]

[§ 4539. Repealed. P.L. 91-482, §1(a), Oct. 21, 1970, 84 Stat. 1082]

§ 4540. Architectural and engineering services

(a) Whenever he considers that it is advantageous to the national defense and that existing facilities of the Department of the

Army are inadequate, the Secretary of the Army may, by contract or otherwise, employ the architectural or engineering services of any person outside that Department for producing and delivering designs, plans, drawings, and specifications needed for any public works or utilities project of the Department.

(b) The fee for any service under this section may not be more than 6 percent of the estimated cost, as determined by the Secretary, of the project to which it applies.

(c) Sections 305, 3324, and 7204, chapter 51, and subchapters III, IV, and VI of chapter 53 of title 5 do not apply to employment under this section.

(Aug. 10, 1956, ch. 1041, 70A Stat. 255; Nov. 2, 1966, P.L. 89-718, § 28, 80 Stat. 1119; Oct. 13, 1978, P.L. 95-454, §703(c)(3), §801(a)(3)(I), 92 Stat. 1217, 1222; Dec. 12, 1980, P.L. 96-513, § 512(16), 94 Stat. 2930.)

§ 4541. Army arsenals: treatment of unutilized or underutilized plant-capacity costs

(a) ESTIMATE OF COSTS.-The Secretary of the Army shall include in the budget justification documents submitted to Congress in support of the President's budget for a fiscal year submitted under section 1105 of title 31 an estimate of the funds to be required in that fiscal year to cover unutilized and underutilized plant-capacity costs at Army arsenals.

(b) USE OF FUNDS.-Funds appropriated to the Secretary of the Army for a fiscal year to cover unutilized and underutilized plantcapacity costs at Army arsenals shall be used in such fiscal year only for such costs.

(c) TREATMENT OF COSTS.-(1) The Secretary of the Army shall not include unutilized and underutilized plant-capacity costs when evaluating the bid of an Army arsenal for purposes of the arsenal's contracting to provide a good or service to a Government agency.

(2) When an Army arsenal is serving as a subcontractor to a private-sector entity with respect to a good or service to be provided to a Government agency, the cost charged by the arsenal shall not include unutilized and underutilized plant-capacity costs that are funded by a direct appropriation.

(d) DEFINITIONS.-In this section:

(1) The term "Army arsenal" means a Government-owned, Government-operated defense plant of the Department of the Army that manufactures weapons, weapon components, or both.

(2) The term "unutilized and underutilized plant-capacity costs" means the costs associated with operating and maintaining the facilities and equipment of an Army arsenal that the Secretary of the Army determines are required to be kept for mobilization needs, in those months in which the facilities and equipment are not used or are used only 20 percent or less of available work days.

(Added P.L. 106-398, § 1[342(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-64.)

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