
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2807]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
                   SUBCHAPTER I--MILITARY CONSTRUCTION
 
Sec. 2807. Architectural and engineering services and 
        construction design
        
    (a) Within amounts appropriated for military construction and 
military family housing, the Secretary concerned may obtain 
architectural and engineering services and may carry out construction 
design in connection with military construction projects, family housing 
projects, and projects undertaken in connection with the authority 
provided under section 2854 of this title that are not otherwise 
authorized by law. Amounts available for such purposes may be used for 
construction management of projects that are funded by foreign 
governments directly or through international organizations and for 
which elements of the armed forces of the United States are the primary 
user.
    (b) In the case of architectural and engineering services and 
construction design to be undertaken under subsection (a) for which the 
estimated cost exceeds $500,000, the Secretary concerned shall notify 
the appropriate committees of Congress of the scope of the proposed 
project and the estimated cost of such services not less than 21 days 
before the initial obligation of funds for such services.
    (c) If the Secretary concerned determines that the amount authorized 
for activities under subsection (a) in any fiscal year must be increased 
the Secretary may proceed with activities at such higher level (1) after 
submitting a report in writing to the appropriate committees of Congress 
on such increase, including a statement of the reasons for the increase 
and a statement of the source of funds to be used for the increase, and 
(2) after a period of 21 days has elapsed from the date of receipt of 
the report.
    (d) For architectural and engineering services and construction 
design related to military construction and family housing projects, the 
Secretaries of the military departments may incur obligations for 
contracts or portions of contracts using military construction and 
family housing appropriations from different fiscal years to the extent 
that those appropriations are available for obligation.

(Added Pub. L. 97-214, Sec. 2(a), July 12, 1982, 96 Stat. 156; amended 
Pub. L. 98-115, title VIII, Sec. 804, Oct. 11, 1983, 97 Stat. 785; Pub. 
L. 99-661, div. B, title VII, Secs. 2702(b), 2712(a), Nov. 14, 1986, 100 
Stat. 4040, 4041; Pub. L. 102-190, div. B, title XXVIII, Sec. 2870(6), 
Dec. 5, 1991, 105 Stat. 1563; Pub. L. 105-261, div. B, title XXVIII, 
Sec. 2801, Oct. 17, 1998, 112 Stat. 2202.)


                               Amendments

    1998--Subsec. (b). Pub. L. 105-261, Sec. 2801(a), substituted 
``$500,000'' for ``$300,000''.
    Subsec. (d). Pub. L. 105-261, Sec. 2801(b), substituted 
``architectural and engineering services and construction design'' for 
``study, planning, design, architectural, and engineering services''.
    1991--Subsec. (c)(2). Pub. L. 102-190 substituted ``after'' for 
``after either'' and struck out before period at end ``or after each 
such committee has indicated approval of the increased level of 
activity''.
    1986--Subsec. (b). Pub. L. 99-661, Sec. 2702(b), substituted 
``$300,000'' for ``the maximum amount specified by law for the purposes 
of this section''.
    Subsec. (d). Pub. L. 99-661, Sec. 2712(a), added subsec. (d).
    1983--Subsec. (a). Pub. L. 98-115 substituted ``Within amounts 
appropriated for military construction and military family housing'' for 
``Within amounts appropriated for such purposes'' and inserted ``, 
family housing projects, and projects undertaken in connection with the 
authority provided under section 2854 of this title that are'' after 
``in connection with military construction projects''.


                    Effective Date of 1986 Amendment

    Section 2712(b) of Pub. L. 99-661 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply only to funds 
appropriated for fiscal years after fiscal year 1985.''


                             Effective Date

    For effective date and applicability of section, see section 12(a) 
of Pub. L. 97-214, set out as a note under section 2801 of this title.


Architectural and Engineering Services and Construction Design Contracts 
                   for Military Construction Projects

    Pub. L. 98-212, title VII, Sec. 796, Dec. 8, 1983, 97 Stat. 1455, 
provided that: ``No funds appropriated for the Departments of Defense, 
Army, Navy, or the Air Force shall be obligated by their respective 
Secretaries for architectural and engineering services and construction 
design contracts for Military Construction projects in the amount of 
$85,000 and over, unless competition for such contracts is open to all 
firms regardless of size in accordance with 40 U.S.C. Sec. 541, et 
seq.''


Small Business Set-Aside for Architectural and Engineering Services and 
                           Construction Design

    Section 806 of Pub. L. 98-115 provided that:
    ``(a) The Secretary of Defense shall conduct a comprehensive review 
of current policies and practices of the Department of Defense with 
regard to the award of contracts for architectural and engineering 
services and construction design for military construction projects. The 
Secretary shall conduct such review with a view to determining whether 
current policies and practices of the Department of Defense result in a 
reasonable distribution of such contracts to firms of all sizes 
throughout the architect-engineer community.
    ``(b) Upon the completion of such review, the Secretary shall modify 
current policies and practices of the Department to the extent necessary 
to ensure--
        ``(1) that small business concerns (as defined in section 3 of 
    the Small Business Act [15 U.S.C. 632]) are assured of a reasonable 
    share of such contracts; and
        ``(2) that large architect-engineer firms are not precluded from 
    competing for such contracts when the estimated amount of such 
    contracts is greater than a reasonable threshold amount prescribed 
    by the Secretary.
    ``(c) Not later than March 1, 1984, the Secretary shall submit to 
the appropriate committees of Congress a written report on the results 
of the review required by subsection (a) and on any changes made to 
current policies and practices as required by subsection (b).
    ``(d) For the purposes of this section:
        ``(1) The term `reasonable share' means an appropriate 
    percentage share of all contracts referred to in subsection (a) as 
    determined by the Secretary of Defense after consultation with the 
    Admininstrator [sic] of the Small Business Administration and 
    representatives of the architect-engineer community.
        ``(2) The term `reasonable threshold amount' means an 
    appropriate estimated contract dollar amount determined by the 
    Secretary of Defense after consultation with the Administrator of 
    the Small Business Administration and representatives of the 
    architect-engineer community.''


Initial Establishment of Certain Amounts Required To Be Specified by Law

    Amounts of $300,000 or more for contracts for architectural and 
engineering services or construction design subject to the reporting 
requirement under this section during the period beginning on Oct. 1, 
1982, and ending on the date of the Military Construction Authorization 
Act for fiscal year 1984 or Oct. 1, 1983, whichever is later, see 
section 11(2) of Pub. L. 97-214, set out as a note under section 2828 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 114, 2687, 2861 of this 
title.
