StatuteCurrent

10 U.S.C. § 3458 — Commercial Solutions Opening (CSO)

10 U.S.C. § 3458 · 2021-12-27

Summary

Permanent statutory authority for the Commercial Solutions Opening — a competitive procedure for acquiring innovative commercial products and services (or nondevelopmental items) through a general solicitation with technical/peer review. Awards may take the form of FAR procurement contracts and/or follow-on production contracts or transactions under § 4022. Began as the Section 879 FY2017 NDAA pilot; made permanent by Section 803 of the FY2022 NDAA.

Section 3458 (formerly 10 U.S.C. § 2380c) authorizes DoD to acquire innovative commercial products and services — or nondevelopmental items — by competitively selecting proposals received in response to a general solicitation (a Commercial Solutions Opening), evaluated through peer or scientific/technical review.

The CSO began as a pilot under Section 879 of the FY2017 NDAA (Pub. L. 114-328) and was made permanent by Section 803 of the FY2022 NDAA (Pub. L. 117-81), which also renumbered the authority into the reorganized Title 10. Awards may be structured as FAR procurement contracts and, for follow-on production, as contracts or other transactions under § 4022 — making CSO a flexible on-ramp for nontraditional and commercial vendors.

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Related resources

Regulation Current
DFARS Subpart 212.70 — Defense Commercial Solutions Opening
DFARS Subpart 212.70 · Department of Defense (DFARS Case 2022-D006) · 2023-01-31
Guide Current
GSA Commercial Solutions Opening (CSO) Guide (September 2024)
U.S. General Services Administration (GSA) · 2024-09-17