---
kind: "section"
citation: "10 U.S.C. § 2808a"
title: "10"
title_heading: "Armed Forces"
number: "2808a"
heading: "Facility construction or repair: transactions other than contracts and grants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2808a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 169 — Military Construction and Military Family Housing"
  - "Subchapter I — Military Construction"
---

# §2808a. Facility construction or repair: transactions other than contracts and grants

- (a) **Authority.—** Subject to the requirements of [section 2853 of this title](/usc/10/2853.md), the [Secretary concerned](/usc/10/2801.md?p=c-5) may enter into transactions (other than contracts, cooperative agreements, or grants) to carry out repair and construction projects for [facilities](/usc/10/2700.md?p=2), including the planning, design, engineering, prototyping, piloting, and execution of such repair and construction projects.
- (b) **Use of Amounts.—** The [Secretary concerned](/usc/10/2801.md?p=c-5) may carry out projects under [subsection (a)](#a) using amounts available to such [Secretary](/usc/10/4951.md?p=3) for [military construction](/usc/10/2801.md?p=a), operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters [221](/usc/10/chstA/ptV/sptB/ch221.md) and [223](/usc/10/chstA/ptV/sptB/ch223.md) and [section 2851(a) of this title](/usc/10/2851.md?p=a).
- (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](/usc/10/101.md?p=b-10) transaction; and
  - (2) the participants in the [original](/usc/10/101.md?p=b-10) transaction successfully completed—
    - (A) a complete and useable [facility](/usc/10/2700.md?p=2); or
    - (B) a complete and useable improvement to a [facility](/usc/10/2700.md?p=2).
- (d) **Notification Requirement.—**
  - (1) Not later than 14 days before entering into a transaction for a project under this section, the [Secretary concerned](/usc/10/2801.md?p=c-5) shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) a notification of the intent to use this authority in an electronic medium pursuant to [section 480 of this title](/usc/10/480.md).
  - (2) Each notification under [paragraph (1)](#d-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](/usc/10/2801.md?p=a) projects under subchapter I of [chapter 169](/usc/10/chstA/ptIV/ch169.md) 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](/usc/10/4951.md?p=3) of Defense shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) a report summarizing the use of the authority under this section during the period covered by the report, including—
  - (1) the [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) or [Defense Agency](/usc/10/101.md?p=a-11) 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.

## Source credit

(Added Pub. L. 119–60, div. B, title XXVIII, § 2802(a), Dec. 18, 2025, 139 Stat. 1292.)

## Notes

### 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].”