10 U.S.C. § 2807 (ARMED FORCES)
§ 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 $1,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the scope of the proposed project and the estimated cost of such services before the initial obligation of funds for such services. The Secretary may then obligate funds for such services only after the end of the 14-day period beginning on the date on which the notification is received by the committees in an electronic medium pursuant to section 480 of this title.
(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 only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the need for the increase, including the source of funds to be used for the increase.
(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, § 2(a), July 12, 1982, 96 Stat. 156; amended Pub. L. 98–115, title VIII, § 804, Oct. 11, 1983, 97 Stat. 785; Pub. L. 99–661, div. B, title VII, §§ 2702(b), 2712(a), Nov. 14, 1986, 100 Stat. 4040, 4041; Pub. L. 102–190, div. B, title XXVIII, § 2870(6), Dec. 5, 1991, 105 Stat. 1563; Pub. L. 105–261, div. B, title XXVIII, § 2801, Oct. 17, 1998, 112 Stat. 2202; Pub. L. 108–136, div. A, title X, § 1031(a)(37), Nov. 24, 2003, 117 Stat. 1601; Pub. L. 115–91, div. B, title XXVIII, § 2801(a)(5), Dec. 12, 2017, 131 Stat. 1841.)
heading: Editorial Notes
heading: Amendments
text: 2017—Subsec. (b). Pub. L. 115–91, § 2801(a)(5)(A), substituted “14-day period” for “21-day period” and struck out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided” after “received by the committees”.
Subsec. (c). Pub. L. 115–91, § 2801(a)(5)(B), substituted “only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the need for the increase, including the source of funds to be used for the increase.” for “(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 or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.”
2003—Subsec. (b). Pub. L. 108–136, § 1031(a)(37)(A), substituted “$1,000,000” for “$500,000”, struck out “not less than 21 days” after “of such services”, and inserted last sentence.
Subsec. (c)(2). Pub. L. 108–136, § 1031(a)(37)(B), inserted before period at end “or, if over sooner, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”.
1998—Subsec. (b). Pub. L. 105–261, § 2801(a), substituted “$500,000” for “$300,000”.
Subsec. (d). Pub. L. 105–261, § 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, § 2702(b), substituted “$300,000” for “the maximum amount specified by law for the purposes of this section”.
Subsec. (d). Pub. L. 99–661, § 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1986 Amendment
text: Pub. L. 99–661, div. B, title VII, § 2712(b), Nov. 14, 1986, 100 Stat. 4041, provided that: “The amendment made by subsection (a) [amending this section] shall apply only to funds appropriated for fiscal years after fiscal year 1985.”
heading: Effective Date
text: 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.
heading: Obligation and Execution of Design Funds for Military Construction Projects
text: Pub. L. 118–159, div. B, title XXVIII, § 2811, Dec. 23, 2024, 138 Stat. 2252, provided that:
“(a) In General.—
Not later than 150 days after amounts are appropriated for any fiscal year for the congressionally-directed design of a military construction project, the Secretary of Defense shall ensure that the construction agent responsible for such project enters into a contract pursuant to section 2807 of title 10, United States Code, for the obligation and execution of such amounts.
“(b) Completion of Work.—
If a military construction project designated pursuant to subsection (a) has an estimated construction cost of less than $150,000,000, not less than 35 percent of the project design under a contract described in subsection (a) shall be completed not later than 240 days after the date of the award of such contract.
“(c) Notification.—
If the Secretary determines that a construction agent who is responsible for a military construction project under subsection (a) fails to satisfy the requirements of subsection (a) or (b), the Secretary shall, not later than 30 days after the Secretary makes such determination and at the end of each ninety-day period thereafter until such military construction project reaches 35 percent design, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a notification that includes—
“(1) a statement of whether the construction agent has exceeded the duration to—
“(A) enter into a contract under subsection (a); or
“(B) complete 35 percent project design under subsection (b);
“(2) the reason for the delay in the satisfaction of such requirements; and
“(3) the projected dates such requirements will be satisfied.”
heading: Architectural and Engineering Services and Construction Design Contracts for Military Construction Projects
text: Pub. L. 98–212, title VII, § 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. § 541, et seq. [now chapter 11 of Title 40, Public Buildings, Property, and Works.]”
heading: Small Business Set-Aside for Architectural and Engineering Services and Construction Design
text: Pub. L. 98–115, title VIII, § 806, Oct. 11, 1983, 97 Stat. 786, 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.”
heading: Initial Establishment of Certain Amounts Required To Be Specified by Law
text: 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.