10 U.S.C. § 3069 — Buy-to-budget acquisition: end items

(a) Authority. Using Defense Department funds available to acquire an end item, a contracting officer^* may acquire a larger quantity than a funding law specifies if the officer makes a written determination that (1) the agency’s established need is expected to stay substantially unchanged during the acquisition^*; (2) production efficiencies or other cost reductions make the larger quantity possible without more funding; and (3) spending for the larger quantity will not exceed the amount that law provided for the end item. (b) The Secretary of Defense must issue regulations administering this section. (c) A law cannot be interpreted to prohibit a larger purchase under this section unless it specifically refers to this section and specifically says the purchase is prohibited despite this authority. (d)(1) A quantity counts as specified in a law if it appears in the law or in a separate table, chart, or explanatory text in an accompanying joint explanatory statement or committee report. (2) “End item” means a production product assembled, completed, and ready for issue or deployment. This section does not otherwise define that quoted term.