Contracts & purchases

Authority holder

President; execution through applicable resource-agency delegations

Eligibility gate

• National-defense purpose; applicable priority/allocation rules
• Additional findings before controlling general civilian-market distribution

Funding condition

• An allocation direction does not supply procurement funds; underlying orders require lawful funding.

All recorded limits

• Does not cover employment contracts
• Civilian distribution and energy allocations have statutory findings
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Authority holder

President; duly delegated execution with reserved findings

Eligibility gate

• Written essentiality, shortfall and cost-effectiveness determinations unless valid waiver
• Shortfall notices, >$50M threshold requirements and authorization/waiver analysis
• Above-market or anticipated-loss purchases require further findings
• For the FY26 DPA Purchases appropriation, enacted text permits Secretary of Defense obligation/expenditure as if delegated necessary DPA authorities; do not treat an Executive Order as the independent substantive grant. Transaction-specific nondelegable findings and credit limits still require review.

Funding condition

• DPA Fund and advance appropriations; funds and allowable commitment liability must be present.
• FY26 enacted DPA Purchases: $321.923M no-year. This is appropriated program amount, NOT verified remaining balance or automatic credit-principal ceiling.

All recorded limits

• Commitments generally no more than 10 years
• DPA domestic-source eligibility is not worldwide: U.S./Canada and conditioned Australia/U.K. rule for Title III
• Most DPA authorities expire December 11, 2026 under §4564 as amended by Pub. L. 119-103; §4558 is excepted.

Authority holder

Secretary of Defense

Eligibility gate

• Enumerated §4817(g)(1) defense supply-chain purposes; other purposes require essentiality/timeliness findings and 30-day report
• No activity in the six covered countries under §4817(m)
• Applicable approval and award instrument
• Document terms, exposure and statutory above-market/anticipated-loss findings

Funding condition

• Industrial Base Fund appropriations; Pub. L.119-60 §867(b) bars using funds made available BEFORE Dec.18,2025 for newly added §4817(g)–(j) activities. FY27 CR limitations independently apply to its funds.

All recorded limits

• Commitment term no more than 10 years
• New provisions sunset Dec.31,2035; contract survival/obligation mechanics need transaction review

Authority holder

Secretary of Defense

Eligibility gate

• Pilot supports military manufacturing or emerging defense/commercial technologies
• Use applicable underlying contracting, OT or other lawful authorities and credit appropriations

Funding condition

• No inferred appropriation or revolving authority; credit assistance requires credit-law analysis.

All recorded limits

• Pilot terminates Dec.31,2026
• Express third-party equity support does not establish unlimited direct Treasury equity acquisition
• Existing credit subsidy/principal authority must be identified

Authority holder

Secretary of Defense

Eligibility gate

• Secretary establishes pilot after briefing congressional defense committees on material/inventory audit compliance
• Covered activity manages production or sustainment inventories, or materially expands production/sustainment capacity through capital expenditure
• Cost paid to independent Federal/State-organized financing entity engaged in financing business; not under common control with borrower
• Financing costs reasonable and consistent with market rates; material/inventory management audit requirements satisfied

Funding condition

• Contract payments subject to availability of appropriations for purpose; financing-cost allowability does not itself provide funds or create government credit subsidy authority.

All recorded limits

• No authorization of financing-cost treatment for covered contracts entered on or after Dec.31,2029
• Government termination liability capped at funding obligated when terminated
• Financing entity is not a subcontractor solely by participating
• Pilot establishment and current implementation guidance not verified

Authority holder

Office of Expanded Competition within the Office of the Secretary of the Air Force; headed by the OEC Director

Eligibility gate

• The tangible or intangible asset must be vital to U.S. national security.
• Identify the execution instrument, lawful funds, responsible office and applicable project requirements.

Funding condition

• §9025 does not specify a dedicated appropriation or available balance. Identify legally available funds and the fiscal conditions of the proposed action.

All recorded limits

• The office duty does not state a blanket exemption from fiscal, acquisition, leasing or military-construction requirements.