Section 1 Short title
This Act may be cited as the “Smart Ship Repair Act of 2023”.
Smart Ship Repair Act of 2023
A BILL
To ensure fairness and transparency in the processes used by the Navy to award contracts for ship maintenance and repair, and for other purposes.
Sec. 2 Limitation on use of Government-operated drydocks
The Secretary of the Navy shall ensure that no Government-operated drydock is eligible to compete for the award of a contract for private sector non-nuclear surface ship maintenance unless the Secretary determines, in accordance with section 2466 of title 10, United States Code, that there is not sufficient private sector dock competition.
Sec. 3 Study on price differentials used in Navy ship repair solicitations
In general— Subject to the availability of appropriations, the Secretary of the Navy shall seek to enter into an agreement with a federally funded research and development center to conduct a study to assess whether relevant price differentials used by the Navy in ship repair solicitations accurately reflect the true market value of the activity undertaken to complete the repair work involved in the absence of any such differential.
Elements— The study under subsection (a) shall address all relevant price differentials used by the Navy in ship repair solicitations, including—
the use of government owned and operated dry docks;
the use of inter-port differentials; and
the use of pier differentials.
Reports—
FFRDC Report— The federally funded research and development center that conducts the study under subsection (a) shall submit to the Secretary of the Navy a report on the results of the study.
Submittal to Congress— Not later than September 30, 2024, the Secretary of the Navy shall submit to the congressional defense committees an unaltered copy of the report received by the Secretary under paragraph (1) together with a separate statement of the views of the Secretary on the results of the study conducted under subsection (a).
Sec. 4 Report on Navy policy for soliciting coastwide bids for certain repair availabilities
In general— Not later than March 30, 2024, the Secretary of the Navy shall submit to the congressional defense committees a report on the policy of the Navy for soliciting coastwide bids for repair availabilities longer than 10 months.
Elements— The report under subsection (a) shall explain and assess each of the following:
The intent of the policy described in subsection (a).
The data the Navy uses to assess the efficacy of such policy.
How the Navy estimates the cost of moving vessels out of their home port to complete the availability and the actual cost of moving vessels out of their home port to complete the availability.
How the Navy estimates the financial, labor force, servicemember and family well-being, berthing, and related costs associated with moving a vessel out of its home port to complete a repair availability longer than 10 months.
Sec. 5 Report on use of Government docks for ship repair and maintenance
On an annual basis, the Secretary of the Navy shall submit to the congressional defense committees a report that—
identifies each instance in the year preceding the date of the report in which the Navy used a Government dock for a ship repair and maintenance availability when sufficient capacity was available in private docks during the period in which such repairs and maintenance were expected to be performed; and
for each such instance, provides an explanation of the reasons the Navy used a Government dock rather than a private dock.
Sec. 6 Congressional defense committees defined
In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.