Sec. 6. Commercial solutions opening acquisition program
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The Commissioner may carry out a program, to be known as the commercial solutions opening acquisition program (in this section referred to as the program ), under which commercial items that are innovative may be acquired through a competitive selection of proposals resulting from a general solicitation and peer review of such proposals. Use of general solicitation competitive procedures for the program shall be considered to be use of competitive procedures for purposes of division C of title 41, United States Code.
The Commissioner may not enter into a contract under the program for an amount in excess of $10,000,000. The Commissioner, in consultation with the Under Secretary for Management of the Department, shall— issue guidance for the implementation of the program; and post such guidance on a publicly available website of CBP. The Commissioner shall submit to the appropriate congressional committees a report relating to the activities of the program as an addendum to the annual budget request submission of the Commissioner.
Each report required under paragraph
(1)shall include— an assessment of the impact of the program with respect to competition; a comparison of acquisition timelines of procurements made using— the program; and other competitive procedures that do not rely on general solicitations; and a recommendation with respect to whether the authority for the program should be extended beyond the date of termination specified in subsection (f). The program shall terminate on September 30, 2028. In this section: The term competitive procedures has the meaning given such term in section 152 of title 41, United States Code. The term innovative means any new— technology, process, or method, including research and development; or application of an existing technology, process, or method.