§2808a Facility Construction or Repair: Transactions Other Than Contracts and Grants

Summary

The Secretary in charge may use special types of agreements (not contracts, cooperative agreements, or grants) to plan and do repair and construction work on military facilities. This covers planning, design, engineering, prototyping, piloting, and building. They may use money set aside for military construction, operation and maintenance, or research, development, test, and evaluation even if chapters 221 and 223 and section 2851(a) would otherwise limit that. If the parties were chosen through a competitive process and they finish a complete, usable facility or usable improvement, the Secretary can give those same parties a follow-on production contract or agreement without new competition. At least 14 days before using this authority, the Secretary must notify the congressional defense committees electronically and include the project title, description and location, estimated cost and funding source, the chosen recipient if known, and why this process is used instead of the normal military construction rules under subchapter I of chapter 169. The Secretary of Defense must also report 180 days after enactment and every six months after that. Each report must say which military department or agency ran each project; total cost and funding source; what and where the project was; any changes in speed or delivery from using this authority; any cost savings, efficiencies, or risk reductions; and lessons learned and recommendations.