10 U.S.C. § 3458 — Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures
submitted 5 years ago by Pub. L. 117-81 to r/title-10-ARMED-FORCES · 313 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The Secretary of Defense and each Secretary of a military department may acquire commercial products, commercial services, or nondevelopmental items through a competitive selection of proposals resulting from a general solicitation and a peer review, technical review, or operational review (as appropriate) of such proposals.
Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 221 of this title.
With respect to a product, service, or item acquired through the competitive procedures described under subsection (a), the Secretary of Defense or each Secretary of a military department may enter into—
a follow-on production contract (including a sole source contract), subject to the approval requirements of section 3204(e) of this title; or
a follow-on production contract or transaction, as defined in section 4022 of this title.
Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive contracts.
Notwithstanding section 3451(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and commercial services.
Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary shall notify the congressional defense committees* of such award.
Notice of an award under paragraph (1) shall include the following:
Description of the commercial product*, commercial service*, or nondevelopmental item* acquired.
Description of the requirement, capability gap, or potential technological advancement with respect to which the commercial product, commercial service, or nondevelopmental item acquired provides a solution or a potential new capability.
Amount of the contract awarded.
Identification of the contractor awarded the contract.
Source credit: (Added § 2380c, renumbered § 3458, and amended Pub. L. 117–81, div. A, title VIII, § 803(a)(1), (b)(1), (3), Dec. 27, 2021, 135 Stat. 1814–1816; Pub. L. 117–263, div. A, title VIII, § 814(a), Dec. 23, 2022, 136 Stat. 2707; Pub. L. 119–60, div. A, title XVIII, § 1823, Dec. 18, 2025, 139 Stat. 1247.)
- 2021Enacted · Pub. L. 117-81 · 135 Stat. 1814
- 2022Amended · Pub. L. 117-263 · 136 Stat. 2707
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1247
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.
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