Sec. 868. Pilot program for authority to acquire innovative commercial items, technologies, and services using general solicitation competitive procedures
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The Secretary of Defense and the Secretaries of the military departments may carry out a pilot program, to be known as the commercial solutions opening pilot program , under which the Secretary may acquire innovative commercial items, technologies, and services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals. Use of general solicitation competitive procedures for the pilot program under subsection
(a)shall be considered to be use of competitive procedures for purposes of chapter 137 of title 10, United States Code. The Secretary may not enter into a contract or agreement under the pilot program for an amount in excess of $100,000,000 without a written determination from the Under Secretary for Acquisition, Logistics, and Technology or the relevant Service Acquisition Executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military service. Contracts or agreements executed under this program shall be fixed-price, including fixed-price incentive fee contracts. Notwithstanding section 2376(1) of title 10, United States Code, items, technologies, and services acquired under this pilot program shall be treated as commercial items. In this section, the term innovative means— any new technology, process, or method, including research and development; or any new application of an existing technology, process, or method. The authority to enter into contracts under the pilot program shall expire on September 30, 2022.