FY22 NDAA (Pub. L. 117-81) Section 803 — OT / commercial solutions opening
10 USC 3458
Summary
Section 803 of the FY22 NDAA (Pub. L. 117-81), a statutory provision that creates a new authority (codified at 10 U.S.C. 2380c and later transferred/redesignated as 10 U.S.C. 3458) allowing the Secretary of Defense and the military department Secretaries to acquire innovative commercial products and services through competitive selection of proposals from a general solicitation with peer review. Use of these general-solicitation competitive procedures is treated as use of competitive procedures, and awards must be fixed-price and treated as commercial products/services; contracts or agreements over $100,000,000 require a written determination and congressional notification, and the authority is gated on completing a data-collection plan. This general-solicitation/commercial-solutions mechanism is closely related to the commercial solutions opening (CSO) family of streamlined, non-traditional acquisition pathways.