Facility construction or repair: transactions other than contracts and grants

(a) In general Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2808 the following new section: 2808a. Facility construction or repair: transactions other than contracts and grants (a) Authority The Secretary of Defense and each Secretary of a military department 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 of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters 221 and 223 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) Report Not later than March 1, 2027, and annually 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 fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction.. (b) Applicability The amendments made by this section shall apply with respect to transactions entered into on or after the date of the enactment of this Act.

(a) In general Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2808 the following new section: 2808a. Facility construction or repair: transactions other than contracts and grants (a) Authority The Secretary of Defense and each Secretary of a military department 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 of Defense or a Secretary of a military department (as applicable) may carry out projects under subsection (a) using amounts available to the Secretary of Defense or the Secretary of a military department (as applicable) for military construction, operation and maintenance, or research, development, test, and evaluation, notwithstanding chapters 221 and 223 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) Report Not later than March 1, 2027, and annually 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 fiscal year preceding the date of the report, including number of transactions and the costs, types of projects, and outcomes of each such transaction.. (b) Applicability The amendments made by this section shall apply with respect to transactions entered into on or after the date of the enactment of this Act.