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

Subject to the requirements of section 2853 of this title , 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. 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 . competitive procedures were used for the selection of parties for participation in the original transaction; and a complete and useable facility; or a complete and useable improvement to a facility. 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 . the project title; a description of the project and its location; the estimated project cost and source of funds; the recipient or contractor selected to execute the project, if known at the time of notification; and 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. the military department or Defense Agency carrying out each project; the total cost of each project and the source of the funds obligated; a description of the scope, purpose, and location of each project; any observed differences in project delivery timelines or execution speed as a result of using the authority under this section; an assessment of cost savings, efficiencies, or risk reductions realized through the use of such authority; and lessons learned and recommendations to improve the implementation, oversight, or scope of such authority.