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ARTICLE · 14 FEBRUARY 2024

DoD Increases Use Of Commercial Solutions Opening Procedures

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The National Defense Authorization Act for Fiscal Year 2024 ("NDAA"), signed into law on December 26, 2023, contains a number of important changes to federal procurement law and policy.

United StatesGovernment, Public Sector
Marcia Madsen
Marcia Madsen
Evan C. Williams
Evan C. Williams
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The National Defense Authorization Act for Fiscal Year 2024 ("NDAA"), signed into law on December 26, 2023, contains a number of important changes to federal procurement law and policy.1

Section 813 of the NDAA directs the Secretary of Defense to—at least four times per Fiscal Year ("FY")—exercise the authority under 10 USC 3458 to acquire innovative commercial products and services using general solicitation competitive procedures, known as a commercial solutions opening ("CSO"). Not wasting any time, a quick review of SAM.gov shows that the Department of Defense ("DoD") has already issued CSOs under this authority six times in 2024.2The specific procuring agencies using CSOs include the Departments of the Army, Air Force, and Navy, as well as US Special Operations Command and the Defense Intelligence Agency.

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