US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 2809

Long-term facilities contracts for certain activities and services

(a)

Submission and Authorization of Proposed Projects .—

The Secretary concerned may enter into a contract for the procurement of services in connection with the construction, management, and operation of a facility on or near a military installation for the provision of an activity or service described in subsection (b) if—
(1)
section 1105 of title 31 the Secretary concerned has identified the proposed project for that facility in the budget material submitted to Congress by the Secretary of Defense in connection with the budget submitted pursuant to for the fiscal year in which the contract is proposed to be awarded;
(2)
the Secretary concerned has determined that the services to be provided at that facility can be more economically provided through the use of a long-term contract than through the use of conventional means; and
(3)
the project has been authorized by law.
(b)

Authorized Purposes of Contract .—

The activities and services referred to in subsection (a) are as follows:
(1)
Child care services.
(2)
Utilities, including potable and waste water treatment services.
(3)
Depot supply activities.
(4)
Troop housing.
(5)
Transient quarters.
(6)
Hospital or medical facilities.
(7)
Other logistic and administrative services, other than depot maintenance.
(c)

Conditions on Obligation of Funds .—

A contract entered into for a project pursuant to subsection (a) shall include the following provisions:
(1)
A statement that the obligation of the United States to make payments under the contract in any fiscal year is subject to appropriations being provided specifically for that fiscal year and specifically for that project.
(2)
A commitment to obligate the necessary amount for each fiscal year covered by the contract when and to the extent that funds are appropriated for that project for that fiscal year.
(3)
A statement that such a commitment given under the authority of this section does not constitute an obligation of the United States.
(d)

Competitive Procedures .—

1
1 See References in Text note below.
Each contract entered into under this section shall be awarded through the use of competitive procedures as provided in chapter 137  of this title. In accordance with such procedures, the Secretary concerned shall solicit bids or proposals for a contract for each project that has been authorized by law.
(e)

Term of Contract .—

A contract under this section may be for any period not in excess of 32 years, excluding the period for construction.
(f)

Notice and Wait Requirements .—

section 480 of this titleThe Secretary concerned may enter into a contract under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to , to the appropriate committees of Congress a justification of the need for the facility covered by the proposed contract, including an economic analysis (based upon accepted life cycle costing procedures) which demonstrates that the proposed contract is cost effective when compared with alternative means of furnishing the same facility.

Pub. L. 99–167, title VIII, § 811(a)99 Stat. 990Pub. L. 99–661, div. A, title XIII, § 1343(a)(20)100 Stat. 3994Pub. L. 100–180, div. B101 Stat. 1215Pub. L. 100–456, div. B, title XXVIII, § 2801102 Stat. 2115Pub. L. 101–189, div. B, title XXVIII, § 2803103 Stat. 1647Pub. L. 102–190, div. B, title XXVIII, § 2805(a)(1)105 Stat. 1537Pub. L. 108–136, div. A, title X, § 1031(a)(38)117 Stat. 1601Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(7)131 Stat. 1841(Added , , ; amended , div. B, title VII, § 2711, , , 4041; , subdiv. 3, title I, § 2302(a), (b), , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 116–283, div. A, title XVIII, § 1881(a)134 Stat. 4293Pub. L. 116–283, div. A, title XVIII134 Stat. 4149section 3016 of this titleChapter 137 of this title, referred to in subsec. (d), was repealed by , , , effective , in conjunction with the transfer and reorganization of acquisition provisions in this title by , , . For definition of “chapter 137 legacy provisions”, see .

Amendments

Pub. L. 115–912017—Subsec. (f). added subsec. (f) and struck out former subsec. (f) which related to written or electronic notice and wait requirements for a contract.

Pub. L. 108–136section 480 of this title2003—Subsec. (f)(2). struck out “calendar” after “21” and inserted before period at end “or, if over sooner, a period of 14 days has expired following the date on which a copy of the justification and economic analysis are provided in an electronic medium pursuant to ”.

Pub. L. 102–1901991— substituted section catchline for one which read “Test of long-term facilities contracts” and amended text generally, substituting present provisions for provisions authorizing contracts for construction, management, and operation of facilities on or near military installations for the provision of certain enumerated activities or services, setting out procedures, terms, and other limits for such contracts, providing that no more than 5 contracts may be entered into under this section other than contracts for child care centers, and providing that authority to enter into such contracts was to expire on .

Pub. L. 101–189, § 2803(1)1989—Subsec. (a)(1)(B)(ii). , substituted “Utilities, including potable” for “Potable”.

Pub. L. 101–189, § 2803(2)Subsec. (b). , substituted “activities and services described in clause (i) or (ii) of subsection (a)(1)(B)” for “child care centers”.

Pub. L. 101–189, § 2803(3)Subsec. (c). , substituted “1991” for “1989”.

Pub. L. 100–4561988—Subsec. (a)(3). substituted “32” for “20”.

Pub. L. 100–180, § 2302(a)1987—Subsec. (a)(1)(B)(vi), (vii). , added cl. (vi) and redesignated former cl. (vi) as (vii).

Pub. L. 100–180, § 2302(b)Subsec. (c). , substituted “1989” for “1987”.

Pub. L. 99–661, § 27111986—Subsec. (a)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary concerned may enter into a contract for the construction, management, and operation of a facility on or near a military installation in the United States for the provision of child care services, waste water treatment, or depot supply activities in a case in which the Secretary concerned determines that the facility can be more efficiently and more economically provided under a long-term contract than by other appropriate means.”

Pub. L. 99–661, § 1343(a)(20)(A), substituted “a contract” for “contracts”, “a facility” for “facilities”, “a military installation” for “military installations”, “a case” for “cases”, “facility” for “facilities”, and “a long-term contract” for “long-term contracts” and inserted a comma after “waste water treatment”.

Pub. L. 99–661, § 1343(a)(20)(B)Subsec. (a)(2). , substituted “this section” for “subsection (a)”.

Pub. L. 99–661, § 1343(a)(20)(C)Subsec. (a)(3). , substituted “20” for “twenty”.

Pub. L. 99–661, § 1343(a)(20)(D)Subsec. (a)(4)(A). , struck out “the” before “Congress”.

Pub. L. 99–661, § 1343(a)(20)(E)Subsec. (b). , struck out “the authority of subsection (a) of” after “under”.

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–190105 Stat. 1538

Section 2809 of title 10“, United States Code, as amended by subsection (a), shall apply with respect to contracts entered into under that section on or after the date of the enactment of this Act [].”
, div B, title XXVIII, § 2805(b), , , provided that:

Effective Date of 1988 Amendment

Pub. L. 100–456section 2702 of Pub. L. 100–456section 2391 of this titleAmendment by effective , see , set out as a note under .

Demonstration Program on Reduction in Long-Term Facility Maintenance Costs

Pub. L. 107–107, div. B, title XXVIII, § 2814115 Stat. 1310Pub. L. 107–314, div. B, title XXVIII, § 2813(a)116 Stat. 2709

“(a)

Authority To Carry Out Program .—

The Secretary of Defense or the Secretary of a military department may conduct a demonstration program to assess the feasibility and desirability of including facility maintenance requirements in construction contracts for military construction projects for the purpose of determining whether such requirements facilitate reductions in the long-term facility maintenance costs of the military departments.
“(b)

Contracts .—

(1)
Not more than 12 contracts per military department may contain requirements referred to in subsection (a) for the purpose of the demonstration program.
“(2)
Pub. L. 107–314 The demonstration program may only cover contracts entered into on or after the date of the enactment of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 [, approved ], except that the Secretary of the Army shall treat any contract containing requirements referred to in subsection (a) that was entered into under the authority in such subsection between that date and , as a contract for the purpose of the demonstration program.
“(c)

Effective Period of Requirements .—

The effective period of a requirement referred to in subsection (a) that is included in a contract for the purpose of the demonstration program may not exceed five years.
“(d)

Reporting Requirements .—

Not later than , the Secretary of Defense shall submit to Congress a report on the demonstration program, including the following:
“(1)
A description of all contracts that contain requirements referred to in subsection (a) for the purpose of the demonstration program.
“(2)
An evaluation of the demonstration program and a description of the experience of the Secretary with respect to such contracts.
“(3)
Any recommendations, including recommendations for the termination, continuation, or expansion of the demonstration program, that the Secretary considers appropriate.
“(e)

Expiration .—

The authority under subsection (a) to include requirements referred to in that subsection in contracts under the demonstration program shall expire on .
“(f)

Funding .—

Amounts authorized to be appropriated for the military departments or defense-wide for a fiscal year for military construction shall be available for the demonstration program under this section in such fiscal year.”
, , , as amended by –(d)(1), , , 2710, provided that:

Pub. L. 107–314, div. B, title XXVIII, § 2813(d)(2)116 Stat. 2710

section 2814(f) of Pub. L. 107–107“The amendment made by paragraph (1) [amending , set out above] shall not affect the availability for the purpose of the demonstration program under section 2814 of the Military Construction Authorization Act for Fiscal Year 2002, as amended by this section, of any amounts authorized to be appropriated before the date of the enactment of this Act [] for the Army for military construction that have been obligated for the demonstration program, but not expended, as of that date.”
[, , , provided that: ]

Report

Pub. L. 100–180, div. B101 Stat. 1215, subdiv. 3, title I, § 2302(c), , , directed each Secretary who has entered into a contract under this section to submit a report to Committees on Armed Services of Senate and House of Representatives by , containing date and duration of, other party to, and nature of activities carried out under each such contract, and recommendations, and reasons therefor, concerning whether authority to enter into contracts under this section should be extended.