Sec. 2809. Authority to use accelerated design-build and progressive design-build procedures for military construction projects
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Section 3241 of title 10, United States Code, is amended— in subsection (f)— in paragraph (1), by striking The Secretary of a military department and inserting Subject to paragraph (4), each Secretary concerned ; in paragraph (2), by striking Any military construction contract and inserting Any construction contract for a military construction project ; and by amending paragraphs
(3)and
(4)to read as follows: Not later than March 1, 2028, and annually thereafter until March 1, 2033, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following: A description of the military construction project for which such authority was used, including project title, location, scope, and rationale for selecting such project. The date of award of a contract for such military construction project, the initial estimated contract value, and the current projected total cost of such project. A comparison of projected schedule for completion of such project with the actual schedule, including dates for completing the design of such project and commencing construction. Any realized or anticipated cost savings or efficiencies, including those related to time, resources, or design innovation, attributable to the use of the authority under this subsection for a military construction project. An assessment of risk management benefits, including any improvements in design flexibility or coordination between contractors and the Secretary concerned. Any challenges encountered, and mitigation efforts made, in the use of such authority for a military construction project. Each Secretary concerned may exercise the authority under this subsection using amounts appropriated for such purpose on or after the date of the enactment of this paragraph. ; and by inserting after subsection
(f)the following new subsection: Notwithstanding subsections
(b)through (e), the Secretary concerned may enter into a progressive design-build contract for a military construction project under the authority of subsection
(a)in accordance with the following requirements: The contract is awarded in a single phase based on qualifications and demonstrated capabilities of the offeror without submission of a detailed construction cost or price proposal at the time of award. The contract provides for collaboration between the Secretary concerned and the contractor to develop and refine the project scope and design, including cost estimates. Following development of the project scope and preliminary design, the contract provide for the Secretary concerned and contractor to negotiate a guaranteed maximum price or other fixed-price agreement for the construction phase of the military construction project. If negotiations described in subparagraph
(C)fail, the contract includes terms for termination or renegotiation. The Secretary concerned shall issue rules to ensure appropriate oversight, risk management, and contract administration consistent with the requirements of this subsection. Not later than March 1, 2028, and annually thereafter until March 1, 2033, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under this subsection that includes the following: A description of the military construction project for which such authority was used, including project title, location, scope, and rationale for selecting such project. The date of award of a contract for such military construction project, the initial estimated contract value, and the current projected total cost of such project. A comparison of projected schedule for completion of such project with the actual schedule, including dates for completing the design of such project and commencing construction. Any realized or anticipated cost savings or efficiencies, including those related to time, resources, or design innovation, attributable to the use of the authority under this subsection for a military construction project. An assessment of risk management benefits, including any improvements in design flexibility or coordination between contractors and the Secretary concerned. Any challenges encountered, and mitigation efforts made, in the use of such authority for the military construction project. Each Secretary concerned may exercise the authority under this subsection using amounts appropriated for such purpose on or after the date of the enactment of this paragraph. .