Title 10Armed ForcesRelease 119-83

§2818 Contracts for Design and Construction of Facilities of Department of Defense

Title 10 › Subtitle Subtitle A— General Military Law › Part IV— SERVICE, SUPPLY, AND PROPERTY › Chapter 169— MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter I— MILITARY CONSTRUCTION › § 2818

Last updated Apr 18, 2026|Official source

Summary

A leader of a part of the Department of Defense can give a contract to another DoD part to design and build DoD facilities. That can include facility maintenance, repairs, and small military construction projects allowed under section 2805. The contract can be paid on a reimbursable basis, meaning the buying part pays back the other part for its costs. A contract given this way counts as that leader’s financial obligation just like if they had hired a private company. The contractor may add up to 10 percent of the contract’s proposed value for contingency costs.

Full Legal Text

Title 10, §2818

Armed Forces — Source: USLM XML via OLRC

(a)The head of an element of the Department of Defense (as defined in section 111(b) of this title) may award a contract to any other such element for the design and construction of facilities of the Department of Defense, including facility maintenance and repair projects and unspecified minor military construction projects under section 2805 of this title, on a reimbursable basis.
(b)A contract awarded under subsection (a) by such head shall be considered to be an obligation of such head in the same manner as a similar order or contract placed by such head with a private entity.
(c)An awardee of a contract under subsection (a) may include an amount equal to not more than 10 percent of the proposed value of the contract for contingency expenses.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a). Pub. L. 119–60 substituted “contract” for “contact”.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2818

Title 10Armed Forces

Last Updated

Apr 18, 2026

Release point: 119-83