EconDefense
IND-37 / Property, construction and housing

Use long-term facility construction/operation service contracts

Contract for construction, management and operation of child care, utilities, supply, troop housing, transient quarters, medical and other permitted support facilities.

Authority / instrument · IND-37

Facilities-as-services

Property, construction and housing

Statute & instrument
Authority holder

Secretary concerned

What this does not authorize / hard limit

Annual future-funding commitment is not itself an obligation

Recorded executor

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

Continue to actor →

Recorded executing role; this record-specific route is not an additional institutional office.

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedPayments contingent on appropriations specifically for that year/project. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProcess sourcedLong-term facility-service contracts have a distinct budget-justification route; no recent transaction was verified as actually using § 2809. Program check: 2026-10-04; see each route for intake status.

Public evidence describes the institution and instrument; it is not approval of an individual transaction.

At a glance

Possible toolIND-37 · Contracts & purchases

Authority holder: Secretary concerned

Contracts & purchases

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.

Program process and intake

Checked 2026-10-04 · process documented. Program evidence is separate from legal authority, available funds and transaction approval.

Long-term facility-service contracts have a distinct budget-justification route; no recent transaction was verified as actually using § 2809.

Long-term facilities contract budget/approval process

Who this route serves
Government sponsors of enumerated facility-services projects
Administering office / routing lead
Military department facilities sponsor and comptroller; Secretary concerned and authorized contracting office
Direct implementation

Current FMR Chapter 6 explicitly lists § 2809; older detailed procedures are labeled historical, not substituted for current thresholds.

What this evidence label means
Authority-specific process documented

The February 2025 FMR continues to list § 2809; a recent awarded project using it was not located.

Status reference date: 2026-10-04 · research checked 2026-10-04

DoD FMR Volume 2B, Chapter 6, February 2025 · Chapter 6 § 1.2.14, printed p.6-7: § 2809; military construction budget exhibitsofficial financial regulation · Evidence record

Program eligibility

Steps and preparation

Funding, limits and authority relationship

Funding and financial terms

  • annual service-contract payments · Published process; checked 2026-10-04

    Payment obligations depend on specifically provided annual project appropriations; a 32-year permissible term is not upfront budget authority.

    10 U.S.C. § 2809 · 2024 edition (GovInfo) · 10 U.S.C. § 2809statute · Evidence record

Exclusions and limits

Authority relationship source

DoD FMR Volume 2B, Chapter 6, February 2025 · Chapter 6 § 1.2.14, printed p.6-7: § 2809; military construction budget exhibitsofficial financial regulation · Evidence record

Review current MILCON financial regulation →

government budget process: For government sponsorship and statutory project authorization; not a private-financing intake portal.

Source access and verification notes
  • 10 U.S.C. § 2809 · 2024 edition (GovInfo) · 10 U.S.C. § 2809statute · Evidence record

    Legal record read from current corpus; historical fallback and currentness qualifications retained.

  • DoD FMR Volume 2B, Chapter 6, February 2025 · Chapter 6 § 1.2.14, printed p.6-7: § 2809; military construction budget exhibitsofficial financial regulation · Evidence record

    Indexed consolidated version identifies February 2025; standalone chapter search also exposes old June 2013 text, not silently treated as current.

  • DoD FMR Volume 2B Chapter 6, July 2008 archive · Printed p.6-21, Long-Term Facilities Contractshistorical official financial guidance · Evidence record

    Historical July 2008 guidance inspected in official indexed text only. Main audit returned HTTP 404; independent recheck returned HTTP 403 on 2026-10-04. Do not treat as current instructions. Current regulation discovery: https://comptroller.defense.gov/FMR/. Automated direct retrieval returned HTTP 404 on October 4, 2026. This access check does not establish current legal effect or invalidate independently reviewed indexed evidence; see the cited location and this dossier’s access qualifications.

Research scope and sources checked

Searched exact authority and long-term-facilities phrases; separated contract-number false positives and adjacent financing statutes; compared current consolidated FMR to historical procedure.

What remains unverified

  • No current § 2809 solicitation, executed project or complete current approval package verified; detailed archive procedures need agency confirmation.

A dated source check is not continuing monitoring. Recheck the linked official notice before preparing a submission. Browse program research →

Requirements and limits

Eligibility & prerequisites

  • Project in budget materials and authorized by law
  • Cost effectiveness versus conventional means
  • Competitive award; 14-day congressional notice with economic analysis

Limits & exclusions

  • Maximum 32 years excluding construction period
  • Depot maintenance excluded
  • Annual future-funding commitment is not itself an obligation

Funding conditions

  • Payments contingent on appropriations specifically for that year/project.

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

What this research establishes

Legal basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedPayments contingent on appropriations specifically for that year/project. Office budget figures are separate institutional context, not an allocation to this instrument.
Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.
EngagementProcess sourcedLong-term facility-service contracts have a distinct budget-justification route; no recent transaction was verified as actually using § 2809. Program check: 2026-10-04; see each route for intake status.

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

Currentness: 2024 official U.S. Code operative text read; relevant amendments in Pub. L. 119-60 (Dec. 18, 2025), 119-21 and 119-103 examined. Rolling OLRC source consulted where retrievable; transaction-specific later-law and delegation confirmation remains necessary.

Review scope: Original research target October 2, 2026; no record-specific last-review date supplied. Publication is not legal-currentness certification.