§ 3069. Buy-to-budget acquisition: end items

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(a)Authority To Acquire Additional End Items.— Using funds available to the Department of Defense for the acquisition of an end item, a contracting officer making the acquisition may acquire a higher quantity of the end item than the quantity specified for the end item in a law providing for the funding of that acquisition if that contracting officer determines in writing that:

(1)The agency has an established requirement for the end item that is expected to remain substantially unchanged throughout the period of the acquisition.

(2)It is possible to acquire the higher quantity of the end item without additional funding because of production efficiencies or other cost reductions.

(3)The amount of the funds used for the acquisition of the higher quantity of the end item will not exceed the amount provided under that law for the acquisition of the end item.

(b)Regulations.— The Secretary of Defense shall prescribe regulations for the administration of this section.

(c)Waiver by Other Law.— A provision of law may not be construed as prohibiting the acquisition of a higher quantity of an end item under this section unless that provision of law—

(1)specifically refers to this section; and

(2)specifically states that the acquisition of the higher quantity of the end item is prohibited notwithstanding the authority provided in this section.

(d)Definitions.—

(1)For the purposes of this section, a quantity of an end item shall be considered specified in a law if the quantity is specified either in a provision of that law or in any related representation that is set forth separately in a table, chart, or explanatory text included in a joint explanatory statement or governing committee report accompanying the law.

(2)In this section, the term “end item” means a production product assembled, completed, and ready for issue or deployment.

(Added Pub. L. 107–314, div. A, title VIII, § 801(a)(1), Dec. 2, 2002, 116 Stat. 2600, § 2308; amended Pub. L. 108–136, div. A, title X, § 1043(b)(11), Nov. 24, 2003, 117 Stat. 1611; Pub. L. 114–328, div. A, title VIII, § 852, Dec. 23, 2016, 130 Stat. 2296; renumbered § 3069 and amended Pub. L. 116–283, div. A, title XVIII, § 1807(f), Jan. 1, 2021, 134 Stat. 4159; Pub. L. 119–60, div. A, title VIII, § 812(a)(4), Dec. 18, 2025, 139 Stat. 951.)

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