Sec. 308. Modifications to commercial solutions openings
409 words·~2 min read·
/bill/118/s/5618/is/section-308A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3458 of title 10, United States Code, is amended— by amending subsection
(a)to read as follows: The Secretary of Defense and the Secretaries of the military departments may acquire commercial products, commercial services, and nondevelopmental items through a competitive selection of proposals resulting from a general solicitation and the peer review, technical review, or operational review (as appropriate) of such proposals, and may issue, without further justification, follow-on contract awards or agreements, including sole source awards or agreements, to the recipient. ; by redesignating subsection (c), (d), and
(e)as subsections (d), (e), and (h), respectively; by inserting after subsection
(b)the following new subsection: The Secretary of Defense and the Secretaries of the military departments may issue, without further justification, follow-on contract awards or agreements, including sole source awards or agreements, to a recipient competitively selected under subsection (a). ; in paragraph
(1)of subsection (d), as redesignated by paragraph
(2)of this section, by striking the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive and inserting the head of the contracting activity (or the head of the contracting activity's designated delegate) ; in subsection (e), as so redesignated— by striking
(1); and by striking paragraph (2); and by inserting after such subsection, as so redesignated, the following new subsections: The authority of the head of the contracting activity under subsection (d)(1) may be delegated only to an officer or employee who— if a member of the Armed Forces, is a general, or flag officer; or if a civilian, is serving in a position with a grade under the General Schedule (or any other schedule for civilian officers or employees) that is comparable to or higher than the grade of brigadier general or rear admiral (lower half). The Secretary of Defense shall establish an open topic and enduring general solicitation described in subsection
(a)for each systems command, science and technology reinvention laboratory, and portfolio acquisition executive. Only nontraditional defense contractors (as defined in section 3014 of this title) may submit proposals and be eligible for an award or agreement under the general solicitations established pursuant to paragraph (1). The preferred model for developing and producing operational military capabilities using general solicitations in paragraph
(1)shall be the urgent capability acquisition, middle tier of acquisition, software acquisition, or services acquisition pathways of the Department of Defense Adaptive Acquisition Framework described in Department of Defense Instructions 5000.85 and 5000.2. .