EconDefense
IND-45 / Energy, environment and communities

Convey utility systems and contract for long-term service and upgrades

Transfer military utility systems to utility entities; procure services and contribute authorized project funds toward system improvements. FY26 broadens post-conveyance monetary contributions.

Action briefPDF dossier · original 168Download record
Authority / instrument · IND-45

Utility privatization

Energy, environment and communities

Statute & instrument
Authority holder

Secretary of military department

What this does not authorize / hard limit

Utility ownership does not transfer military mission authority

Recorded executor

DLA Energy Installation Energy or Utility Services as appropriate; Service contracting officers / USACE / NAVFAC / AFCEC

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 recordedUtility service appropriations; authorized MILCON contributions under(h)/(k); receipts merged into specified appropriations. 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 sourcedDLA Energy has a dedicated utilities-privatization contracting function; the Service remains responsible for its program and project decisions. 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-45 · Contracts & purchases

Authority holder: Secretary of military department

Contracts & purchasesProperty & leases

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 · program documented. Program evidence is separate from legal authority, available funds and transaction approval.

DLA Energy has a dedicated utilities-privatization contracting function; the Service remains responsible for its program and project decisions.

Military utilities privatization

Who this route serves
Qualified utility-system owners/operators competing for installation-specific work
Administering office / routing lead
DLA Energy Utility Services for supported procurements; Service utility-program owner
Direct implementation

DLA’s Utility Services mission expressly identifies 10 USC 2688.

What this evidence label means
Program documented; forecast is nonbinding

DLA publishes a 2026 release schedule expressly warning that projected actions are not obligations.

Status reference date: 2026-03-02 · research checked 2026-10-04

DLA utilities privatization RFP release schedule, March 2, 2026 · Schedule footnotes2–5: projected releases, noncommitment, Service/contracting responsibilitiesofficial procurement forecast · published 2026-03-02 · Evidence record

Program eligibility

Steps and preparation

Funding, limits and authority relationship

Funding and financial terms

Exclusions and limits

Authority relationship source

DLA Energy Utility Services · Utilities privatization contracting mission and10 USC2688official program guidance · Evidence record

DLA Energy Utility Services →

program/contracting route: Review the particular utility-system solicitation; forecasts are not offers or commitments.

Source access and verification notes
Research scope and sources checked

Read DLA program page and March 2026 forecast footnotes; checked a historical Fort Hood implementation account rather than interpreting forecast as current availability.

What remains unverified

  • No currently open named utility-system solicitation or final FY 2026 privatization award was verified; service-level findings remain project-specific.

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

  • Competition or valid exception
  • Business-case cost-effectiveness for terms >10 years
  • Reliability, resilience/cybersecurity, health/safety and utility regulation
  • Authorized/appropriated improvement project for §2688(k)

Limits & exclusions

  • Service terms normally10years, up to50years on finding
  • Army civil works systems excluded
  • Utility ownership does not transfer military mission authority

Funding conditions

  • Utility service appropriations; authorized MILCON contributions under(h)/(k); receipts merged into specified appropriations.

Read the funding and execution guide

Who contributes what

Need & planning

  • Installation energy manager
  • Service energy office / ASD(EI&E)

Resources

  • Installation utility/O&M accounts or authorized project funds

Approval

  • Secretary concerned; Secretary of Defense approval when statute requires
    Office profile

Execution

  • DLA Energy Installation Energy or Utility Services as appropriate
  • Service contracting officers / USACE / NAVFAC / AFCEC
    Office profile

Partners & review

  • Utility / energy-service company
  • DOE technical assistance; State utility regulator where required

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 basisSources linkedLegal sources and instrument limits are recorded.
RequirementsGates recordedRead the requirements for this instrument; applicability depends on the proposed action.
Public fundingRules recordedUtility service appropriations; authorized MILCON contributions under(h)/(k); receipts merged into specified appropriations. 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 sourcedDLA Energy has a dedicated utilities-privatization contracting function; the Service remains responsible for its program and project decisions. 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.

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