Title 10, Armed ForcesRelease 119-110

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

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER I — MILITARY CONSTRUCTION › § 2808a

Last updated Sep 22, 2026|Official source

Summary

Allows the Secretary to make other kinds of agreements (not regular contracts, cooperative agreements, or grants) to plan, design, prototype, pilot, build, or repair facilities. The Secretary can pay for these projects using money available for military construction, operation and maintenance, or research, development, test, and evaluation. If the original participants were chosen through a competitive process and they finish a complete, usable facility or improvement, they can be given a follow-on production contract without new competition. At least 14 days before using this authority, the Secretary must electronically notify the congressional defense committees with the project title, description and location, estimated cost and funding source, the selected recipient or contractor if known, and the reason for using this authority instead of the normal military construction process. The Secretary of Defense must send a report 180 days after the law is enacted, and then twice a year after that, summarizing who ran each project, total cost and funding source, scope, purpose and location, any changes in delivery speed, any cost savings or risk reductions, and lessons learned and recommendations.

Full Legal Text

Title 10, §2808a

Armed Forces, Source: USLM XML via OLRC

(a)Authority.—
Subject to the requirements of section 2853 of this title, the Secretary concerned may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for facilities, including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects.
(b)Use of Amounts.—
The Secretary concerned may carry out projects under subsection (a) using amounts available to such Secretary for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters 221 and 223 and section 2851(a) of this title.
(c)Follow-on Transactions.—
A transaction entered into under this section for a project may provide for the award of a follow-on production contract or transaction to the participants in the transaction without further competition, if—
(1)competitive procedures were used for the selection of parties for participation in the original transaction; and
(2)the participants in the original transaction successfully completed—
(A)a complete and useable facility; or
(B)a complete and useable improvement to a facility.
(d)Notification Requirement.—
(1)Not later than 14 days before entering into a transaction for a project under this section, the Secretary concerned shall submit to the congressional defense committees a notification of the intent to use this authority in an electronic medium pursuant to section 480 of this title.
(2)Each notification under paragraph (1) shall include—
(A)the project title;
(B)a description of the project and its location;
(C)the estimated project cost and source of funds;
(D)the recipient or contractor selected to execute the project, if known at the time of notification; and
(E)the rationale for using the authority under this section instead of the process for military construction projects under subchapter I of chapter 169 of title 10, United States Code.
(e)Report.—
Not later than 180 days after the date of enactment of this section, and biannually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report summarizing the use of the authority under this section during the period covered by the report, including—
(1)the military department or Defense Agency carrying out each project;
(2)the total cost of each project and the source of the funds obligated;
(3)a description of the scope, purpose, and location of each project;
(4)any observed differences in project delivery timelines or execution speed as a result of using the authority under this section;
(5)an assessment of cost savings, efficiencies, or risk reductions realized through the use of such authority; and
(6)lessons learned and recommendations to improve the implementation, oversight, or scope of such authority.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsec. (e), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 119–60, div. B, title XXVIII, § 2802(b), Dec. 18, 2025, 139 Stat. 1293, provided that: “The

Amendments

made by this section [enacting this section] shall apply with respect to transactions entered into on or after the date of the enactment of this Act [Dec. 18, 2025].”

Reference

Citations & Metadata

Citation

10 U.S.C. § 2808a

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110