“What is the latest on 2808a and using it for construction”
10 U.S.C. §2808a, enacted in the FY2026 NDAA on December 18, 2025, lets military departments build and repair facilities through other transactions instead of FAR contracts. The scan below covers 19 project rows from public procurement notices (two are duplicate listings of the same projects, so 17 distinct projects or programs), current as of September 8, 2026; the latest project notices are mirrored from procurement aggregators — the latest public notices found, not verified final awards.
Bubble area = stated dollar value where one is published. Values mix awarded, programmed, planning and master-agreement figures — they are not obligations. Projects without a stated value show as small fixed marks. Hover a mark for detail.
The Secretary concerned may enter transactions other than contracts, cooperative agreements or grants for facility repair and construction — planning, design, engineering, prototyping, piloting and execution — funded from MILCON, O&M or RDT&E accounts. uscode.house.gov
§2808a is expressly subject to 10 U.S.C. §2853, which limits authorized cost and scope variations; projects must be otherwise authorized by law. hklaw.com
At least 14 days before each transaction, Congress gets the project title, description and location, estimated cost and funding source, the recipient if known, and the rationale for using this authority. legalize.dev
A follow-on production contract or transaction without further competition is allowed only if the original transaction was competed and the participants completed a complete and useable facility or improvement. law.cornell.edu
The Secretary of Defense must report to the defense committees 180 days after enactment and biannually thereafter: department, cost, funds, scope, delivery-speed differences, savings and lessons learned. law.lawstack.com
FAR clauses and familiar FAR risk allocations do not automatically apply: labor standards, bonding and payment protection, changes, disputes, IP and data, cybersecurity, insurance, termination and protest forum must be negotiated per opportunity. §2808a does not remove authorization, appropriations, environmental or safety requirements. noah-news.com
| Project | Location | Stage | Latest update | Stated value | Next milestone | Source |
|---|
Scan of public procurement notices and legal analysis on 10 U.S.C. §2808a, current as of 2026-09-08: 19 project rows (17 distinct projects; two duplicate listings marked), 20 legal-analysis rows and 40 policy rows across lightrfp.com, cleat.ai, app.govly.com, starbridge.ai, hklaw.com, sam.gov and others. Stated values are mixed-stage figures as published — awarded, programmed, planning or master-agreement — not obligations; project details are latest public notices found via aggregators, not verified awards. Some policy rows unrelated to §2808a were cut.