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10 U.S.C. § 3458

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗
  1. (a)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.
  2. (b)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.
  3. (c)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. (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. (2)a follow-on production contract or transaction, as defined in section 4022 of this title.
  4. (d)
    1. (1)Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive contracts.
    2. (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.
  5. (e)
    1. (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. (2)Notice of an award under paragraph (1) shall include the following:
      1. (A)Description of the commercial product, commercial service, or nondevelopmental item acquired.
      2. (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.
      3. (C)Amount of the contract awarded.
      4. (D)Identification of the contractor awarded the contract.