EconDefense
IND-36 / Property, construction and housing

Use construction other transactions and successful follow-on awards

New §2808a permits non-contract/grant/cooperative-agreement transactions for facility construction or repair, including design, prototyping, piloting and execution.

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At a glance

Possible toolIND-36 · Other transactions

Authority holder: Secretary concerned

Other transactions

Mechanism tags describe the source text; they do not expand the authority.

Availability and verification

Conditional legal pathway; current funding, required determinations, and actual delegation not certified.

Requirements and limits

Eligibility & prerequisites

  • §2853 remains applicable
  • Notify congressional defense committees at least 14 days before transaction with project/cost/fund/rationale
  • Noncompetitive follow-on requires originally competitive selection and successful usable facility/improvement

Limits & exclusions

  • Separate from emergency §2808; no emergency declaration prerequisite
  • Express waivers are chapters221/223 and §2851(a), not all law

Funding conditions

  • Statutorily available MILCON, O&M or RDT&E funds; availability/purpose and CR analysis still required.

Read the funding and execution guide

Who contributes what

Need & planning

  • Installation commander and Service facilities/real-estate staff
  • Service installation secretariat / ASD(EI&E) policy

Resources

  • Military Department installation budgets / project sponsor

Approval

  • Secretary concerned or properly delegated real-estate/construction official

Execution

  • USACE district real-estate/construction offices
  • NAVFAC real-estate and facilities engineering commands
  • AFCEC installations/facility engineering directorates

Partners & review

  • Landowners / developers / local governments
  • Environmental regulators and real-estate counsel

Office links are editorial matches to the original role text, not verified delegations. Composite labels and unmatched actors are preserved.

Coordination pathway

Requirement sponsor → named planning office → resource owner and counsel → statutory approving official → authorized executing/contracting office.

Actor and execution-role sources

Legal basis

What this research establishes

Legal powerSource and conditions recorded
EligibilityProject-specific check needed
Available fundsBalances not verified
DelegationValid signature authority must be checked
ExecutionOffice capacity and approvals must be checked

Confidence: High on statutory permission; execution roles are organizational routing, not verified individual delegations.

Currentness: Full enacted FY26 §2802 read; applies to transactions on/after Dec.18,2025.

Research target: October 2, 2026. A record-specific last-review date is not supplied. Publication date is not legal-currentness certification.

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