Ultimate question that is causing everyone heartburn can you use 3600 funds for construction?
This response is based on the information provided. We suggest you discuss with your contracting team, program manager and/or legal department as appropriate.
In the FMR 7000.14-R Volume 2A Chapter 1 Section 010213 RDT&E is addressed. Within this guidance you will find:
1. RDT&E Appropriations
a. RDT&E will finance research, development, test and evaluation efforts performed by contractors and government installations, including procurement of end items, weapons, equipment, components, materials and services required for development of equipment, material, or computer application software; its Development Test and Evaluation (DT&E); and its Operational Test and Evaluation (OT&E) as provided for in paragraph C.5. (Test Articles and Test Support) below.
b. The operation of R&D installations and activities engaged in the conduct of R&D programs, including direct and indirect efforts, expense and investment costs.
c. The acquisition or construction of industrial facilities costing less than $750,000 at government owned, government operated (GOGO) facilities under the criteria of DoD Directive 4275.5 as provided for under 10 U.S.C. 2805 (unspecified minor construction). Use of RDT&E funds for acquisition and construction at contractor owned or contractor operated government facilities is authorized under 10 U.S.C. 2353, Contracts; Acquisition, Construction, or Furnishings of Test Facilities and Equipment.
Within 10 USC Code Section 2805 the following is found:
(1)For the revitalization and recapitalization of laboratories owned by the United States and under the jurisdiction of the Secretary concerned, the Secretary concerned may obligate and expend— (A)from appropriations available to the Secretary concerned for operation and maintenance, amounts necessary to carry out an unspecified minor military construction project costing not more than $6,000,000, notwithstanding subsection (c); or (B)from appropriations available to the Secretary concerned for military construction not otherwise authorized by law or from funds authorized to be made available under section 2363(a) of this title, amounts necessary to carry out an unspecified minor military construction project costing not more than $6,000,000.
(2)For purposes of this subsection, an unspecified minor military construction project is a military construction project that (notwithstanding subsection (a)) has an approved cost equal to or less than $6,000,000.
(3)If the Secretary concerned makes a decision to carry out an unspecified minor military construction project to which this subsection applies, the Secretary concerned shall notify the appropriate committees of Congress of that decision, of the justification for the project, and of the estimated cost of the project. The project may then be carried out only after the end of the 14-day period beginning on the date the notification is received by the committees in an electronic medium pursuant to section 480 of this title.
(4)In this subsection, the term “laboratory” includes— (A)a research, engineering, and development center; and (B)a test and evaluation activity.
(5)The authority to carry out a project under this subsection expires on September 30, 2025.