
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 2814]
[CITE: 10USC2809]

 
                         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. 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) 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 section 1105 of title 31 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.--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.--A contract may not be entered 
into under this section until--
        (1) the Secretary concerned submits to the appropriate 
    committees of Congress, in writing, a justification of the need for 
    the facility for which the contract is to be awarded and 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; and
        (2) a period of 21 calendar days has expired following the date 
    on which the justification and the economic analysis are received by 
    the committees.

(Added Pub. L. 99-167, title VIII, Sec. 811(a), Dec. 3, 1985, 99 Stat. 
990; amended Pub. L. 99-661, div. A, title XIII, Sec. 1343(a)(20), div. 
B, title VII, Sec. 2711, Nov. 14, 1986, 100 Stat. 3994, 4041; Pub. L. 
100-180, div. B, subdiv. 3, title I, Sec. 2302(a), (b), Dec. 4, 1987, 
101 Stat. 1215; Pub. L. 100-456, div. B, title XXVIII, Sec. 2801, Sept. 
29, 1988, 102 Stat. 2115; Pub. L. 101-189, div. B, title XXVIII, 
Sec. 2803, Nov. 29, 1989, 103 Stat. 1647; Pub. L. 102-190, div. B, title 
XXVIII, Sec. 2805(a)(1), Dec. 5, 1991, 105 Stat. 1537.)


                               Amendments

    1991--Pub. L. 102-190 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 Sept. 30, 1991.
    1989--Subsec. (a)(1)(B)(ii). Pub. L. 101-189, Sec. 2803(1), 
substituted ``Utilities, including potable'' for ``Potable''.
    Subsec. (b). Pub. L. 101-189, Sec. 2803(2), substituted ``activities 
and services described in clause (i) or (ii) of subsection (a)(1)(B)'' 
for ``child care centers''.
    Subsec. (c). Pub. L. 101-189, Sec. 2803(3), substituted ``1991'' for 
``1989''.
    1988--Subsec. (a)(3). Pub. L. 100-456 substituted ``32'' for ``20''.
    1987--Subsec. (a)(1)(B)(vi), (vii). Pub. L. 100-180, Sec. 2302(a), 
added cl. (vi) and redesignated former cl. (vi) as (vii).
    Subsec. (c). Pub. L. 100-180, Sec. 2302(b), substituted ``1989'' for 
``1987''.
    1986--Subsec. (a)(1). Pub. L. 99-661, Sec. 2711, 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, Sec. 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''.
    Subsec. (a)(2). Pub. L. 99-661, Sec. 1343(a)(20)(B), substituted 
``this section'' for ``subsection (a)''.
    Subsec. (a)(3). Pub. L. 99-661, Sec. 1343(a)(20)(C), substituted 
``20'' for ``twenty''.
    Subsec. (a)(4)(A). Pub. L. 99-661, Sec. 1343(a)(20)(D), struck out 
``the'' before ``Congress''.
    Subsec. (b). Pub. L. 99-661, Sec. 1343(a)(20)(E), struck out ``the 
authority of subsection (a) of'' after ``under''.


                    Effective Date of 1991 Amendment

    Section 2805(b) of Pub. L. 102-190 provided that: ``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 [Dec. 5, 1991].''


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section 
2702 of Pub. L. 100-456, set out as a note under section 2391 of this 
title.


                                 Report

    Section 2302(c) of Pub. L. 100-180 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 
Feb. 15, 1989, 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.
