§ 3458. Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures
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/usc/title-10/section-3458A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Authority.— The Secretary of Defense and each Secretary of a military department may acquire commercial products, commercial services, or nondevelopmental items through a competitive selection of proposals resulting from a general solicitation and a peer review, technical review, or operational review (as appropriate) of such proposals.
(b)Treatment as Competitive Procedures.— Use of general solicitation competitive procedures under subsection
(a)shall be considered to be use of competitive procedures for purposes of chapter 221 of this title.
(c)Follow-on Production Agreements.— With respect to a product, service, or item acquired through the competitive procedures described under subsection (a), the Secretary of Defense or each Secretary of a military department may enter into—
(1)a follow-on production contract (including a sole source contract), subject to the approval requirements of section 3204(e) of this title; or
(2)a follow-on production contract or transaction, as defined in section 4022 of this title.
(d)Limitations.—
(1)Contracts or agreements entered into using the authority under subsection
(a)shall be fixed-price, including fixed-price incentive contracts.
(2)Notwithstanding section 3451(1) of this title, products and services acquired using the authority under subsection
(a)shall be treated as commercial products and commercial services.
(e)Congressional Notification Required.—
(1)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 shall notify the congressional defense committees of such award.
(2)Notice of an award under paragraph
(1)shall include the following:
(A)Description of the commercial product, commercial service, or nondevelopmental item acquired.
(B)Description of the requirement, capability gap, or potential technological advancement with respect to which the commercial product, commercial service, or nondevelopmental item acquired provides a solution or a potential new capability.
(C)Amount of the contract awarded.
(D)Identification of the contractor awarded the contract.
(Added § 2380c, renumbered § 3458, and amended Pub. L. 117–81, div. A, title VIII, § 803(a)(1), (b)(1), (3), Dec. 27, 2021, 135 Stat. 1814–1816; Pub. L. 117–263, div. A, title VIII, § 814(a), Dec. 23, 2022, 136 Stat. 2707; Pub. L. 119–60, div. A, title XVIII, § 1823, Dec. 18, 2025, 139 Stat. 1247.)
Connections32 cite this · traces to 14
Cited by 32 sections · top 10
public-private-law
statute-compilations
statutes-at-large
- Public Law 118–31To authorize appropriations for fiscal year 2024 for military activities of the Department of Defense and for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 117–81To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
Traces to 14 documents
U.S. Code
- Use of procedures other than competitive procedures§ 3204
- Authority of the Department of Defense to carry out certain prototype projects§ 4022
- Definitions§ 3451
- Renumbered § 3458]§ 2380c
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1806(d), Jan. 1, 2021, 134 Stat. 4155]§ 2302
- Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures§ 3458
- Definitions§ 101
- Definitions and general provisions§ 1737
- Science and technology reinvention laboratories: authority and designation§ 4121
- Defense acquisition system; element of the defense acquisition system§ 3001
public-private-law
- National Defense Authorization Act for Fiscal Year 2022Public Law 117-81
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- National Defense Authorization Act for Fiscal Year 2024Public Law 118-31
15 references not yet in our index
- 135 Stat. 1814–1816
- 136 Stat. 2707
- Pub. L. 119–60, div. A, title XVIII, § 1823
- 139 Stat. 1247
- Pub. L. 119–60, § 1823(1)
- Pub. L. 119–60, § 1823(4)
- Pub. L. 119–60, § 1823(5)
- Pub. L. 119–60, § 1823(3)
- Pub. L. 119–60, § 1823(2)
- Pub. L. 119–60, § 1823(6)
- 135 Stat. 1816
- 137 Stat. 325
- Pub. L. 119–60, div. A, title XVIII, § 1802(b)(1)(A)
- 139 Stat. 1227
- 135 Stat. 1815
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§ 3458
Authority to acquire innovative commercial products and commercial services using general solicitation competitive procedures
Fed. Reg.×15
Pub. L.×4
Stat. Comp.×4
Stat.×4
U.S.C.×3
Bills×2
Stat.135 Stat. 1814–1816
Stat.136 Stat. 2707
Pub. L.Pub. L. 119–60, div. A, title XVIII, § 1823
Cites 29 · showing 12Cited by 32 across 6 sources