10 records in this family–mechanism intersection. These editorial groups do not expand legal scope.
ACQ-36 · ProcurementUse documented exceptions for unique sources, compelling urgency, industrial mobilization/essential research capacity, international commitments, express statutes, national-security secrecy or public interest.
What this is not / limit: Lack of planning or expiring procurement funds does not justify noncompetition.
Executing role: Warranted contracting officer and program manager
Authority holder
Head of agency; contracting officer and specified approval officials
Eligibility gate
- Actual statutory exception and written justification/approval unless an express exception to those requirements applies.
- Solicit as many practicable sources for urgency and national-security secrecy cases.
Funding condition
- Existing appropriate procurement/service funds; separate funding authority not created.
All recorded limits
- Lack of planning or expiring procurement funds does not justify noncompetition.
- Urgency contract generally only necessary duration and no more than 1 year absent exceptional-circumstances determination.
- FY26 statutory approval tiers changed: above $10m to $100m competition advocate; above $100m to $500m procuring-activity head; above $500m senior procurement executive.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Use up to 5 program-year contracts for installation support, complex-equipment maintenance, specialized training, base services and environmental remediation when statutory conditions are met.
What this is not / limit: Not a blanket multiyear power for every service.
Executing role: Warranted contracting officer and program manager
Authority holder
Head of agency
Eligibility gate
- Continuing requirement; substantial initial plant/equipment investment or specialized-workforce contingent liability; competition/economy justification.
Funding condition
- Annual appropriations may support statutory multiyear contracts; cancellation/termination if out-year funds unavailable.
All recorded limits
- Not a blanket multiyear power for every service.
- Over $500m requires specific legal authority; unfunded liabilities/cancellation ceilings and termination have notice rules.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Competitively select commercial products, services or nondevelopmental items via general solicitation with peer, technical or operational review and use authorized follow-on production routes.
What this is not / limit: §3458 CSO authority is distinct from DIU’s CSO solicitation technique used with §4022 OTs; do not merge requirements.
Executing role: Warranted contracting officer and program manager
Authority holder
Secretary of Defense and military-department Secretaries
Eligibility gate
- General solicitation and appropriate review; fixed-price including fixed-price incentive awards.
- Follow-on sole-source contract requires §3204(e) approvals; alternative §4022-defined production contract/transaction route must be legally analyzed.
Funding condition
- Properly available acquisition funds; commercial treatment does not independently relax fiscal law.
All recorded limits
- §3458 CSO authority is distinct from DIU’s CSO solicitation technique used with §4022 OTs; do not merge requirements.
- Awards above $100m require congressional notification within 45 days.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Respond to documented combat, contingency or cyber deficiencies through accelerated acquisition/deployment; specified determinations unlock bounded use of available funds and selected legal waivers.
What this is not / limit: Cannot waive criminal/civil-penalty statutes, appropriations-expenditure laws or §3601 itself.
Executing role: Service/component program and contracting office
Authority holder
Secretary of Defense or Deputy Secretary of Defense for reserved determinations; designated senior official for permitted waivers
Eligibility gate
- Documented qualifying deficiency or compelling national-security rapid-pathway need and written determination.
- Acquisition, funding, evaluation, disposition and transition strategy; prescribed congressional notice.
Funding condition
- Only permitted available funds and O&M accounts; findings/notices and fiscal review essential.
All recorded limits
- Cannot waive criminal/civil-penalty statutes, appropriations-expenditure laws or §3601 itself.
- Baseline annual statutory pools:$200m each for combat, contingency and cyber categories; $50m for immediate rapid-pathway starts; sustainment use limited 2 years.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Run streamlined 2–5 year rapid-prototyping or rapid-fielding programs with coordinated requirements, resources and acquisition decisions.
What this is not / limit: A pathway is not its own contract instrument, appropriation or general statutory waiver.
Executing role: Warranted contracting officer and program manager
Authority holder
USD(A&S) establishes pathways; Service acquisition executives/authorized decision authorities execute
Eligibility gate
- Prototype aims at operational demonstration/residual capability within 5 years; fielding aims at production in 6 months and fielding in 5 years.
- Merit consideration, acquisition/funding strategy, test and transition plan.
Funding condition
- Funded program plan and valid instrument; streamlined process does not create money.
All recorded limits
- A pathway is not its own contract instrument, appropriation or general statutory waiver.
- Regulatory waivers differ from statutory changes; statute directs seeking Congress for statutory waiver.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Use statutory applications and embedded-systems software pathways for iterative delivery, commercial cloud use and qualifying software-embedded hardware.
What this is not / limit: Exemptions from selected planning frameworks are not exemptions from all procurement, cybersecurity or fiscal requirements.
Executing role: Warranted contracting officer and program manager
Authority holder
Secretary of Defense; Service/component acquisition decision officials
Eligibility gate
- Proven technologies/solutions, ongoing user engagement and cybersecurity metrics; statutory rapid-delivery objectives.
- Covered hardware must meet commercial/nondevelopmental and embedded-software definition.
Funding condition
- Appropriate software/hardware lifecycle funds; correct contracting instrument and sustained operations budget still needed.
All recorded limits
- Exemptions from selected planning frameworks are not exemptions from all procurement, cybersecurity or fiscal requirements.
- Normally not treated as MDAP absent specific USD(A&S)/Service acquisition executive designation.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
A combatant commander can make written determinations to senior contracting officials for defined contingency, CBRN/cyber response, humanitarian/peacekeeping and below-armed-conflict directed operations.
What this is not / limit: Not a power for commander to sign any contract personally; contracting-official role remains.
Executing role: Supporting joint/Service contracting activity
Authority holder
Combatant commander requests; senior contracting official exercises contracting tools
Eligibility gate
- Written rationale, requested tools and attestation of available funds.
- Applicable operation and time-sensitive/unplanned situation.
Funding condition
- Existing attested available funds; no separate appropriation created.
All recorded limits
- Not a power for commander to sign any contract personally; contracting-official role remains.
- Enhanced thresholds/commercial treatment are as specified in §843, not general exemption from all requirements.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
With Secretary of Defense approval, a Service Secretary may initiate urgent/emerging development to exploit new technology or respond to threats using bounded rapid acquisition/funding authorities.
What this is not / limit: Chapter 221 competition may not be waived; other §3601 fiscal/penalty restrictions remain.
Executing role: Service program and contracting offices
Authority holder
Military-department Secretary with Secretary of Defense approval
Eligibility gate
- Compelling urgent/emergency need; explain why waiting for next President budget harms defense.
- Identify current-year funding and acquisition pathway/programmed transition funding within 2 years.
Funding condition
- Current-year procurement or RDT&E funds permitted under specific authority; not unlimited reprogramming.
All recorded limits
- DoD-wide annual $100m limit under this mechanism; initial 1 year with single 1 year extension/notice.
- Chapter 221 competition may not be waived; other §3601 fiscal/penalty restrictions remain.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Military-department R&D contracts may promise U.S. indemnification for defined unusually hazardous direct-performance third-party claims and contractor-property loss not otherwise insured/compensated.
What this is not / limit: Not blanket indemnity for any contractor business loss or retroactive unstated promise.
Executing role: Contracting officer and claims/insurance officials
Authority holder
Secretary of the military department concerned approves; Secretary/designated official certifies payment
Eligibility gate
- Risk defined as unusually hazardous in contract; direct performance connection and uncovered loss.
- Required notice of claims/suits and U.S. option to control/assist defense.
Funding condition
- Payments may use obligated contract funds, unobligated R&D funds or appropriations for payments, with Secretary approval.
All recorded limits
- Not blanket indemnity for any contractor business loss or retroactive unstated promise.
- R&D statutory pathway is distinct from 50 U.S.C. §1431 Presidential emergency relief.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Portfolio acquisition executives, program managers and product support managers can request DIU assistance identifying, adopting and integrating commercial technologies into programs of record or fielded capabilities.
What this is not / limit: Does not itself waive requirements of the underlying contract, OT or funding instrument.
Executing role: DIU and coordinated development, experimentation or integration teams
Authority holder
DIU Director establishes and executes program; Secretary of Defense issues guidance
Eligibility gate
- Request identifies a program or fielded-capability adoption/integration need.
- DIU reviews candidate technologies and, upon request, executes coordinated development, experimentation or integration; termination criteria apply.
Funding condition
- Expressly subject to appropriations; DIU amounts authorized for this purpose may be used; current availability not verified.
All recorded limits
- Program and statutory authorities expire December 31,2030.
- Does not itself waive requirements of the underlying contract, OT or funding instrument.
Other statutory tools
Legal basisSources linked
RequirementsGates recorded
Actor sources & routing basis
Recorded executing role; this record-specific route is not an additional institutional office.
Public evidence describes the institution and instrument; it is not approval of an individual transaction.