Sec. 841. Authority to acquire innovative commercial products and services using general solicitation competitive procedures
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Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section: The Secretary of Defense may acquire innovative commercial products 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 under subsection
(a)shall be considered to be use of competitive procedures for purposes of chapter 137 of this title. The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection
(a)without a written determination from the Under Secretary of Defense for Acquisition and Sustainment 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 department. Contracts or agreements entered into using the authority under subsection
(a)shall be fixed-price, including fixed-price incentive fee contracts. Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection
(a)shall be treated as commercial products and 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 of Defense shall notify the congressional defense committees of such award. Notice of an award under paragraph
(1)shall include the following: Description of the innovative commercial product or service acquired. Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or service acquired provides a solution or a potential new capability. Amount of the contract awarded. Identification of contractor awarded the contract. . In this section, the term 'innovative' means— any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date. . The table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by inserting after the item relating to section 2380b the following new item: 2380c. Authority to acquire innovative commercial products and services using general solicitation competitive procedures. . Section 879 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 10 U.S.C. 2302 note) is hereby repealed.
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Sec. 841
Authority to acquire innovative commercial products and services using general solicitation competitive procedures
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