10 U.S.C. § 2862 — Turn-key selection procedures

Page 2284 TITLE 10—ARMED FORCES § 2861 Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643. Pub. L. 99–500, § 101(k) [title I, § 121], Oct. 18, 1986, 100 Stat. 1783–287, 1783–293, and Pub. L. 99–591, § 101(k) [title I, § 121], Oct. 30, 1986, 100 Stat. 3341–287, 3341–293, as amended by Pub. L. 102–136, § 122, Oct. 25, 1991, 105 Stat. 643, provided that: ‘‘For Transfer by the Secretary of Defense to and from appropriations and funds not merged pursuant to subsection 1552(a)(1) of title 31 of the United States Code and available for obligation or expenditure during fiscal year 1987 or thereafter, for military construction or expenses of family housing for the military departments and Defense agencies, in order to maintain the budgeted level of operations for such appropriations and thereby eliminate substantial gains and losses to such appropriations caused by fluc- tuations in foreign currency exchange rates that vary substantially from those used in preparing budget sub- missions, an appropriation, to remain available until expended: Provided, That funds transferred from this appropriation shall be merged with and be available for the same purpose, and for the same time period, as the appropriation or fund to which transferred, and funds transferred to this appropriation shall be merged with, and available for the purpose of this appropriation until expended: Provided further, That transfers may be made from time to time from this appropriation to the extent the Secretary of Defense determines it may be necessary to do so to reflect downward fluctuations in the currency exchange rates from those used in pre- paring the budget submissions for such appropriations, but transfers shall be made from such appropriations to this appropriation to reflect upward fluctuations in currency exchange rates to prevent substantial net gains in such appropriations: Provided further, That au- thorizations or limitations now or hereafter contained within appropriations or other provisions of law lim- iting the amounts that may be obligated or expended for military construction and family housing expenses are hereby increased to the extent necessary to reflect downward fluctuations in foreign currency exchange rates from those used in preparing the applicable budg- et submission: Provided further, That for the purposes of the appropriation ‘Foreign Currency Fluctuations, Con- struction, Defense’ the foreign currency rates used in preparing budget submissions shall be the foreign cur- rency exchange rates as adjusted or modified, as re- flected in applicable Committee reports on the Acts making appropriations for military construction for the Department of Defense: Provided further, That the Secretary of Defense shall provide an annual report to the Congress on all transfers made to or made from this appropriation: Provided further, That contracts or other obligations entered into payable in foreign currencies may be recorded as obligations based on the currency exchange rates used in preparing budget submissions and adjustments to reflect fluctuations in such rates may be recorded as disbursements are made: Provided further, That, at the discretion of the Secretary of De- fense, any savings generated in the military construc- tion and family housing programs may be transferred to this appropriation.’’ § 2861. Military construction projects in connec- tion with industrial facility investment pro- gram (a) AUTHORITY.—The Secretary of Defense may carry out a military construction project, not previously authorized, for the purpose of car- rying out activities under section 2474(a)(2) of this title, using funds appropriated or otherwise made available for that purpose in military con- struction accounts. (b) CREDITING OF FUNDS TO CAPITAL BUDGET.— Funds appropriated or otherwise made available in a fiscal year for the purpose of carrying out a military construction project with respect to a covered depot (as defined in subsection (f) of section 2476 of this title) may be credited to the amount required by subsection (a)(1) of such sec- tion to be invested in the capital budgets of the covered depots in that fiscal year. (c) NOTICE AND WAIT REQUIREMENT.—When a decision is made to carry out a project under subsection (a), the Secretary of Defense shall notify the appropriate committees of Congress of that decision and the savings estimated to be realized from the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by such committees in an electronic medium pursuant to section 480 of this title. (Added Pub. L. 109–364, div. B, title XXVIII, § 2809(a), Oct. 17, 2006, 120 Stat. 2470; amended Pub. L. 115–91, div. A, title X, § 1051(a)(23), div. B, title XXVIII, § 2801(c)(4), Dec. 12, 2017, 131 Stat. 1562, 1844; Pub. L. 117–263, div. A, title III, § 374(b)(2), Dec. 23, 2022, 136 Stat. 2542.) Editorial Notes PRIOR PROVISIONS A prior section 2861, added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 167; amended Pub. L. 100–26, § 7(f)(1), (j)(9), Apr. 21, 1987, 101 Stat. 281, 283; Pub. L. 104–106, div. B, title XXVIII, § 2811(b), Feb. 10, 1996, 110 Stat. 552; Pub. L. 104–201, div. B, title XXVIII, § 2802(d)(1), Sept. 23, 1996, 110 Stat. 2787, required the Secretary of Defense to submit an annual report to the appropriate commit- tees of Congress with respect to military construction activities and military family housing activities, prior to repeal by Pub. L. 107–107, div. B, title XXVIII, § 2803(a), Dec. 28, 2001, 115 Stat. 1305. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 substituted ‘‘sub- section (f) of section 2476’’ for ‘‘subsection (e) of section 2476’’ and ‘‘subsection (a)(1) of such section’’ for ‘‘sub- section (a) of such section’’. 2017—Subsec. (c). Pub. L. 115–91, § 2801(c)(4), struck out ‘‘in writing’’ after ‘‘shall notify’’ and ‘‘or, if earlier, the end of the 14-day period beginning on the date on which a copy of the notification is provided’’ after ‘‘re- ceived by such committees’’ and substituted ‘‘14-day period’’ for ‘‘21-day period’’. Subsec. (d). Pub. L. 115–91, § 1051(a)(23), struck out subsec. (d). Text read as follows: ‘‘Not later than De- cember 31 of each year, the Secretary shall submit to Congress a report describing actions taken under this section and the savings realized from such actions dur- ing the fiscal year ending in the year in which the re- port is submitted.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–263 applicable with re- spect to fiscal years beginning on or after Oct. 1, 2023, see section 374(c) of Pub. L. 117–263, set out as a note under section 2476 of this title. § 2862. Turn-key selection procedures (a) AUTHORITY TO USE FOR CERTAIN PUR- POSES.—The Secretary concerned may use one- step turn-key selection procedures for the pur- pose of entering into a contract for any of the following purposes: (1) The construction of an authorized mili- tary construction project. Page 2285 TITLE 10—ARMED FORCES § 2864 1 See Temporary Expansion of Authority for Use of One-Step Turn-Key Procedures for Repair Projects note below. (2) A repair project (as defined in section 2811(e) of this title) with an approved cost equal to or less than $4,000,000.1 (3) The construction of a facility as part of an authorized security assistance activity. (b) DEFINITIONS.—In this section: (1) The term ‘‘one-step turn-key selection procedures’’ means procedures used for the se- lection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed- price contract, both the design and construc- tion of a facility using performance specifica- tions supplied by the Secretary concerned. (2) The term ‘‘security assistance activity’’ means— (A) humanitarian and civic assistance au- thorized by sections 401 and 2561 of this title; (B) foreign disaster assistance authorized by section 404 of this title; (C) foreign military construction sales au- thorized by section 29 of the Arms Export Control Act (22 U.S.C. 2769); (D) foreign assistance authorized under sections 607 and 632 of the Foreign Assist- ance Act of 1961 (22 U.S.C. 2357, 2392); and (E) other international security assistance specifically authorized by law. (Added Pub. L. 99–167, title VIII, § 807(a), Dec. 3, 1985, 99 Stat. 988; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 100–180, div. B, subdiv. 3, title I, § 2301, Dec. 4, 1987, 101 Stat. 1214; Pub. L. 101–189, div. B, title XXVIII, § 2806, Nov. 29, 1989, 103 Stat. 1647; Pub. L. 102–190, div. B, title XXVIII, § 2802, Dec. 5, 1991, 105 Stat. 1537; Pub. L. 113–291, div. B, title XXVIII, § 2804, Dec. 19, 2014, 128 Stat. 3697.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–291 amended section generally. Prior to amendment, text read as follows: ‘‘(a) AUTHORITY TO USE.—The Secretary concerned may use one-step turn-key selection procedures for the purpose of entering into contracts for the construction of authorized military construction projects. ‘‘(b) DEFINITION.—In this section, the term ‘one-step turn-key selection procedures’ means procedures used for the selection of a contractor on the basis of price and other evaluation criteria to perform, in accordance with the provisions of a firm fixed-price contract, both the design and construction of a facility using perform- ance specifications supplied by the Secretary con- cerned.’’ 1991—Pub. L. 102–190 redesignated par. (1) of subsec. (a) as entire subsec. (a) and inserted heading, redesig- nated par. (2) of subsec. (a) as (b), inserted heading, and struck out former subsecs. (b) and (c) which read as fol- lows: ‘‘(b) The Secretary of Defense, with respect to any Defense Agency, or the Secretary of a military depart- ment may not, during any fiscal year, enter into more than three contracts for military construction projects using procedures authorized by this section. ‘‘(c) The authority under this section shall expire on October 1, 1991.’’ 1989—Subsec. (a)(1). Pub. L. 101–189, § 2806(1), struck out at end ‘‘Such procedures may be used by the Sec- retary of a military department only with the approval of the Secretary of Defense.’’ Subsec. (c). Pub. L. 101–189, § 2806(2), substituted ‘‘1991’’ for ‘‘1990’’. 1987—Subsec. (a)(1). Pub. L. 100–180, § 2301(1), sub- stituted ‘‘The Secretary concerned’’ for ‘‘The Secre- taries of the military departments, with the approval of the Secretary of Defense,’’ and inserted provision at end that such procedures may be used by the Secretary of a military department only with the approval of the Secretary of Defense. Subsec. (a)(2). Pub. L. 100–26 inserted ‘‘the term’’ after ‘‘In this section,’’. Subsec. (b). Pub. L. 100–180, § 2301(2), inserted ‘‘Sec- retary of Defense, with respect to any Defense Agency, or the’’ after ‘‘The’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–167, title VIII, § 807(c), Dec. 3, 1985, 99 Stat. 989, provided that: ‘‘The amendments made by this sec- tion [enacting this section] shall take effect on October 1, 1986.’’ TEMPORARY EXPANSION OF AUTHORITY FOR USE OF ONE-STEP TURN-KEY PROCEDURES FOR REPAIR PROJECTS Pub. L. 118–31, div. B, title XXVIII, § 2806, Dec. 22, 2023, 137 Stat. 745, provided that: ‘‘During the five-year period beginning on the date of the enactment of this Act [Dec. 22, 2023], section 2862(a)(2) of title 10, United States Code, shall be applied and administered by sub- stituting ‘$8,000,000’ for ‘$4,000,000’.’’ § 2863. Payment of contractor claims Notwithstanding any other provision of law, the Secretary concerned may pay meritorious contractor claims that arise under military con- struction contracts or family housing contracts. The Secretary of Defense, with respect to a De- fense Agency, or the Secretary of a military de- partment may use for such purpose any unobli- gated funds appropriated to such department and available for military construction or fam- ily housing construction, as the case may be. (Added Pub. L. 100–180, div. B, subdiv. 3, title I, § 2303(a), Dec. 4, 1987, 101 Stat. 1215.) § 2864. Master plans for major military installa- tions (a) PLANS REQUIRED.—(1) At a time interval prescribed by the Secretary concerned (but not less frequently than once every 10 years), the commander of each major military installation under the jurisdiction of the Secretary shall en- sure that an installation master plan is devel- oped to address environmental planning, sus- tainable design and development, sustainable range planning, real property master planning, military installation resilience, and transpor- tation planning. (2) To address the requirements under para- graph (1), each installation master plan shall in- clude consideration of— (A) planning for compact and infill develop- ment; (B) horizontal and vertical mixed-use devel- opment; (C) the full lifecycle costs of real property planning decisions; (D) capacity planning through the establish- ment of growth boundaries around canton- ment areas to focus development towards the core and preserve range and training space; and