IND-36 / Property, construction and housing

Use construction other transactions and successful follow-on awards

New §2808a permits non-contract/grant/cooperative-agreement transactions for facility construction or repair, including design, prototyping, piloting and execution.

Action brief PDF dossier · original 168Download record

Authority / instrument · IND-36

Alternative construction transactions

Property, construction and housing

Statute & instrument

Authority holder

Secretary concerned

What this does not authorize / hard limit

Separate from emergency §2808; no emergency declaration prerequisite

Recorded executor

USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates

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 recordedThe record states funding rules and conditions; no program amount is attributed to this action.

Assigned rolesRoles recordedPublic sources describe institutional authority. The instrument identifies approval and execution roles; a specific signature remains transaction-dependent.

EngagementRole recordedRecorded executing role: USACE district real-estate/construction offices; NAVFAC real-estate and facilities engineering commands; AFCEC installations/facility engineering directorates. Use the responsible program’s process.

Public evidence describes the institution and instrument; it is not approval of an individual transaction.

At a glance

Mission goalImprove facilities and energy

Possible toolIND-36 · Other transactions

Legal basis10 U.S.C. § 2808a

Responsible rolesPlanning · funds · approval · execution

Authority holder: Secretary concerned

Other transactions

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.

Requirements and limits

Eligibility & prerequisites

§2853 remains applicable
Notify congressional defense committees at least 14 days before transaction with project/cost/fund/rationale
Noncompetitive follow-on requires originally competitive selection and successful usable facility/improvement

Limits & exclusions

Separate from emergency §2808; no emergency declaration prerequisite
Express waivers are chapters221/223 and §2851(a), not all law

Funding conditions

Statutorily available MILCON, O&M or RDT&E funds; availability/purpose and CR analysis still required.

Read the funding and execution guide

Who contributes what

Need & planning

Installation commander and Service facilities/real-estate staff
Service installation secretariat / ASD(EI&E) policy

Resources

Military Department installation budgets / project sponsor

Approval

Secretary concerned or properly delegated real-estate/construction official

Execution

USACE district real-estate/construction offices
NAVFAC real-estate and facilities engineering commands
AFCEC installations/facility engineering directorates

Partners & review

Landowners / developers / local governments
Environmental regulators and real-estate counsel

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