USSF 10 U S C. 2808a Construction OTs Industry
Updated
A PDF document (1.1 MB) attached to Industry Day: A Government-Industry Exchange on Construction Contracting - An Invitation for Industry Partners to Collaborate with the United States Space Force Operational Contracting Enterprise, from the Department of the Air Force. Due Oct 31, 2026, 4:30 PM (UTC-6).
File name: USSF_10_U.S.C._2808a_Construction_OTs Industry Final.pdf
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UNCLASSIFIED
Facility Design, Construction & Repair under
10 U.S.C. § 2808a
A comprehensive guide to leveraging new Other Transaction Authority via Commercial Solutions Openings (CSOs) for Civil Engineering and Contracting Squadrons.
Classroom Training
Policy & Execution Guidance
Space Operational Contracting
Brittany Harris
Distribution Statement A: Approved for Public Release
Statutory Authority
What is the 10 U.S.C. § 2808a Authority?
10 U.S.C. § 2808a – Other Transactions for Repair and Construction Projects Codified in the Fiscal Year 2026 National Defense Authorization Act (NDAA), this authority allows the Secretary concerned to enter into transactions other than contracts, cooperative agreements, or grants to carry out repair and construction projects, specifically including the design, engineering, prototyping, and execution of these projects.
FUNDING
BROAD LIFECYCLE
Directly covers all stages: planning, design,
engineering, prototyping, piloting, and
execution of repair/construction.
Allows execution utilizing multiple funding
lines (O&M, MILCON, and RDT&E) depending
on project scope. 10 U.S.C. § 2853 MILCON
oversight and Congressional notification
thresholds still apply.
Follow-On Production
Permits non-competitive follow-on production
awards to the parties of the original OT if the
initial project utilized competitive procedures
and was successfully executed.
What is an Other Transaction?
An Other Transaction (OT) is a legally binding instrument that is NOT subject to standard acquisition statutes and regulations.
Slide 2
ACQUISITION CHALLENGES • MISSION URGENCY
Why 10 U.S.C. § 2808a Exists
Traditional Bottlenecks
The 2808a Solution
Traditional MILCON and FAR-based procurement models
impose heavy administrative overhead, rigid design-bid-build silos, and long award timelines. These slow down rapid
operational requirements and creates a backlog of MILCON projects.
Other Transaction Authority (OTA) for construction lets the government bypass procurement bureaucracy, co-author
terms with builders, and align construction with rapid launch pacing.
Bypasses standard FAR Part 15 and 36 procurement delays. Enables flexible commercial-speed execution models.
More flexible articles results in lower costs.
Provides more flexible funding options for construction projects.
Offers more innovative solutions bringing the designer, builder, and civil engineer together to collaborate.
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