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10 U.S.C. § 3605 — Authority to acquire consumption-based solutions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority.—** The Secretary of Defense and the Secretaries of the military departments may acquire services through consumption-based solutions.
**(b) Guidance Required.—** The Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to implement the authority under subsection (a), including creating a new subcategory of services under part 237 of the Department of Defense Supplement to the Federal Acquisition Regulation, entitled “Consumption-based solutions”, that—
(1) is any combination of hardware, equipment, software, labor, or services that together provides a seamless capability;
(2) has the ability to be metered and billed based on actual usage;
(3) has predetermined pricing at fixed-price units;
(4) requires the awardee to notify the Department of Defense contracting officer when consumption under the contract reaches 75 percent and 90 percent of the funded amount, respectively, of the contract; and
(5) treats modifications to a contract entered into under the authority established in subsection (a) to add new features or capabilities in an amount less than or equal to 25 percent of the total value of such contract, as originally awarded, as procurements made using competitive procedures for the purposes of chapter 221 of this title.
**(c) Funding.—** Amounts authorized to be appropriated for acquisitions using the authority under subsection (a)—
(1) may be used for expenses for—
(A) research, development, test and evaluation;
(B) procurement;
(C) production;
(D) modification; and
(E) operation and maintenance; and
(2) may be used to enter into incrementally funded contracts or other agreements, including advanced payments.
**(d) Consumption-based Solution Defined.—** In this sect
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Stable record: federal_law:legal_authorities:record_usc_8f005dccc53288deb25717c4
Source file: Laws/federal/codes/united-states-code/title-10/section-3605-authority-to-acquire-consumption-based-solutions--e9272a4a12.md
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Source location: Title 10, Chapter 253, § 3605; chapter-253-rapid-acquisition-procedures.md
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**(a) Authority.—** The Secretary of Defense and the Secretaries of the military departments may acquire services through consumption-based solutions.
**(b) Guidance Required.—** The Secretary of Defense shall amend the Department of Defense Supplement to the Federal Acquisition Regulation to implement the authority under subsection (a), including creating a new subcategory of services under part 237 of the Department of Defense Supplement to the Federal Acquisition Regulation, entitled “Consumption-based solutions”, that—
(1) is any combination of hardware, equipment, software, labor, or services that together provides a seamless capability;
(2) has the ability to be metered and billed based on actual usage;
(3) has predetermined pricing at fixed-price units;
(4) requires the awardee to notify the Department of Defense contracting officer when consumption under the contract reaches 75 percent and 90 percent of the funded amount, respectively, of the contract; and
(5) treats modifications to a contract entered into under the authority established in subsection (a) to add new features or capabilities in an amount less than or equal to 25 percent of the total value of such contract, as originally awarded, as procurements made using competitive procedures for the purposes of chapter 221 of this title.
**(c) Funding.—** Amounts authorized to be appropriated for acquisitions using the authority under subsection (a)—
(1) may be used for expenses for—
(A) research, development, test and evaluation;
(B) procurement;
(C) production;
(D) modification; and
(E) operation and maintenance; and
(2) may be used to enter into incrementally funded contracts or other agreements, including advanced payments.
**(d) Consumption-based Solution Defined.—** In this section, the term “consumption-based solution” means a model under which a service is provided to the Department of Defense and may utilize any combination of software, hardware or equipment, data, and labor or services that provides a capability that is metered and billed based on actual usage at fixed-price units.
**(e) Rule of Construction.—** Nothing in this section shall be construed to prohibit the use of the authority created under this section in combination with another contract type provided for under the Department of Defense Supplement to the Federal Acquisition Regulation.
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Federal law — U.S. Code and appendices · legal_authorities
In any chapter 137 legacy provision, the following terms have the meanings provided such terms in chapter 1 of title 41:
(1) The term “procurement”.
(2) The term “procurement system”.
(3) The term “standards”.
(4) The term “full and open competition”.
(5) The term “responsible source”.
(6) The term “item”.
(7) The term “item of supply”.
(8) The term “supplies”.
(9) The term “commercial product”.
(10) The term “commercial service”.
(11) The term “nondevelopmental item”.
(12) The term “commercial component”.
(13) The term “component”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3011
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 127; Pub. L. 85–568, title III, § 301(b), July 29, 1958, 72 Stat. 432; Pub. L. 85–861, § 1(43A), Sept. 2, 1958, 72 Stat. 1457; Pub. L. 96–513, title V, § 511(74), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–369, div. B, title VII, § 2722(a), July 18, 1984, 98 Stat. 1186; Pub. L. 98–525, title XII, § 1211, Oct. 19, 1984, 98 Stat. 2589; Pub. L. 98–577, title V, § 504(b)(3), Oct. 30, 1984, 98 Stat. 3087; Pub. L. 99–661, div. A, title XIII, § 1343(a)(13), Nov. 14, 1986, 100 Stat. 3993; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; Pub. L. 101–189, div. A, title VIII, § 853(b)(1), Nov. 29, 1989, 103 Stat. 1518; Pub. L. 102–25, title VII, § 701(d)(1), Apr. 6, 1991, 105 Stat. 113; Pub. L. 102–190, div. A, title VIII, § 805, Dec. 5, 1991, 105 Stat. 1417; Pub. L. 103–355, title I, § 1502, Oct. 13, 1994, 108 Stat. 3296; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(3), Feb. 10, 1996, 110 Stat. 672; Pub. L. 104–201, div. A, title VIII, §§ 805(a)(1), 807(a), Sept. 23, 1996, 110 Stat. 2605, 2606; Pub. L. 105–85, div. A, title VIII, § 803(b), Nov. 18, 1997, 111 Stat. 1832; Pub. L. 107–217, § 3(b)(2), Aug. 21, 2002, 116 Stat. 1295; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–350, § 5(b)(8), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 111–383, div. A, title VIII, § 866(g)(1), Jan. 7, 2011, 124 Stat. 4298; Pub. L. 113–291, div. A, title X, § 1071(a)(2), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 815(b), Nov. 25, 2015, 129 Stat. 896; Pub. L. 115–91, div. A, title II, § 221, Dec. 12, 2017, 131 Stat. 1333; Pub. L. 115–232, div. A, title VIII, § 836(c)(1), Aug. 13, 2018, 132 Stat. 1864; Pub. L. 116–283, div. A, title XVIII, § 1806(a)(5), (6), (b)(2)–(6
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Terms and Conditions for Payments.—** Payments under [section 3801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim) for commercial products and commercial services may be made under such terms and conditions as the head of the agency determines are appropriate or customary in the commercial marketplace and are in the best interests of the United States.
**(b) Security for Payments.—** The head of the agency shall obtain adequate security for such payments. If the security is in the form of a lien in favor of the United States, such lien is paramount to all other liens and is effective immediately upon the first payment, without filing, notice, or other action by the United States.
**(c) Limitation on Advance Payments.—** Advance payments made under [section 3801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3801&num=0&edition=prelim) for commercial products and commercial services may include payments, in a total amount of not more than 15 percent of the contract price, in advance of any performance of work under the contract.
**(d) Nonapplication of Certain Conditions.—**
(1) The conditions of sections 3803 and 3804 of this title need not be applied if they would be inconsistent, as determined by the head of the agency, with commercial terms and conditions pursuant to this section.
(2) For the purposes of [section 3803 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3803&num=0&edition=prelim), a payment for covered services acquired through a commercially utilized acquisition strategy shall not be considered an advance payment made under [section 3801 of this title](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3805
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 111–383, div. A, title VIII, § 805(a)(1), Jan. 7, 2011, 124 Stat. 4259, § 2223a; renumbered § 4571 and amended Pub. L. 116–283, div. A, title XVIII, § 1857(b), Jan. 1, 2021, 134 Stat. 4276, related to information technology acquisition: planning and oversight processes.
#### Electromagnetic Spectrum Demonstration Program
Pub. L. 118–159, div. A, title II, § 234, Dec. 23, 2024, 138 Stat. 1839, which authorized a demonstration program to assess the viability of using wideband adaptive signal processing technology to support simultaneous transmit and receive signals on the same electromagnetic spectrum frequency band, was transferred and is set out as a note under [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim).
#### Policies for Management and Certification of Link 16 Military Tactical Data Link Network
Pub. L. 118–31, div. A, title II, § 228, Dec. 22, 2023, 137 Stat. 199, as amended by Pub. L. 119–60, div. A, title II, § 216, Dec. 18, 2025, 139 Stat. 775, which directed the Secretary of Defense shall develop and implement policies to adapt Link 16 system management and certification to align with agile development practices, was transferred and is set out as a note under [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim).
#### Requirements for Deployment of Fifth Generation Information and Communications Capabilities to Military Installations and Other Department Facilities
Pub. L. 118–31, div. A, title XV, § 1526, Dec. 22, 2023, 137 Stat. 557, which required the Secretary of Defense shall develop and implement a strategy for deploying to military installations a
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4571
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