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10 U.S.C. § 2808a — Facility construction or repair: transactions other than contracts and grants

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2808a — Facility construction or repair: transactions other than contracts and grants

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2808a

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Stable record: federal_law:legal_authorities:record_usc_422559dcecb1a332f699897d
Source file: Laws/federal/codes/united-states-code/title-10/section-2808a-facility-construction-or-repair-transactions-other-than-contracts-and-gr--7c8e53ab28.md
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Source location: Title 10, Chapter 169, § 2808a; chapter-169-military-construction-and-military-family-housing.md

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**(a) Authority.—** Subject to the requirements of [section 2853 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2853&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2851/a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section480&num=0&edition=prelim). (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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 480 — Reports to Congress: submission in electronic form

**(a) Requirement.—** Whenever the Secretary of Defense or any other official of the Department of Defense submits to Congress (or any committee of either House of Congress) a report that the Secretary (or other official) is required by law to submit, the Secretary (or other official) shall provide to Congress (or such committee) a copy of the report in an electronic medium. **(b) Exception.—** Subsection (a) does not apply to a report submitted in classified form. **(c) Definition.—** In this section, the term “report” includes any certification, notification, or other communication in writing.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 480

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2853 — Authorized cost and scope of work variations

**(a) Cost Variations Authorized; Limitation.—** Except as provided in subsection (c), (d), or (e), the cost authorized for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be increased or decreased by not more than 25 percent of the total authorized cost of the project or 200 percent of the minor construction project ceiling specified in [section 2805(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2805/a&num=0&edition=prelim), whichever is less, if the Secretary concerned determines that such revised cost is required for the sole purpose of meeting unusual variations in cost and that such variations in cost could not have reasonably been anticipated at the time the project was authorized by Congress. **(b) Scope of Work Variations Authorized; Limitation.—** (1) Except as provided in subsection (c), the scope of work for a military construction project or for the construction, improvement, and acquisition of a military family housing project may be reduced by not more than 25 percent from the amount specified for that project, construction, improvement, or acquisition in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition. Any reduction in scope of work for a military construction project shall not result in a facility or item of infrastructure that is not complete and useable or does not fully meet the mission requirement contained in the justification data provided to Congress as part of the request for authorization of the project, construction, improvement, or acquisition. (2) Except as provided in subsection (d), the scope of work for a military cons

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2853

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