Commercial Solutions Opening
FIGURE 1. CSO DEVIATION KEY ASPECTS
y Treat items, technologies, and services as commercial y May use only — y To obtain solutions or potential capabilities that - fulfill requirements - close capability gaps, or
- provide potential technological advancements that are new as of the date of submission of a proposal or that are a new application as of the date of submission of a proposal of a technology, process, or method existing as of such date; y When meaningful proposals with varying technical or scientific approaches can be reasonably anticipated; and y When the contract entered into under the program will be fixed-price, including fixed-price incentive contracts. y May competitively select proposals received in response to a general solicitation, similar to a broad agency announcement. y CSO is considered to be a competitive procedure. y Primary evaluation factors shall be y technical, y importance to agency programs, y funds availability. y Price considered to the extent appropriate to determine fair and reasonable. y Written evaluation reports on individual proposals are required. y Proposals not evaluated against each other.
Restrictions for use
Competition
Evaluation for Award
Note. Adapted from “Class Deviation—Defense Commercial Solutions Opening” [Memorandum], by J. M. Tenaglia, 2022, Office of the Under Secretary of Defense for, Acquisition and Sustainment. https://www.acq.osd.mil/dpap/policy/policyvault/USA000138-22- DPC.pdf In January 2024, the Defense Federal Acquisition Regulation Supplement (DFARS) was revised to include subpart 212.70, Defense Commercial Solutions Opening. This statute implements 10 U.S.C. § 3458 for the acquisition of innovative commercial products or commercial services through the use of a general solicitation known as a CSO (DFARS, 2024). Beyond the relatively minimal guidance/instruction, the mechanics of utilizing a CSO are left up to the interpretation of the various DoD organizations and individual contracting officers. As such, organizations varied in their implementation of guidance and additional policies for CSOs. Identification of Strengths, Weaknesses, and Best Practices With strengths, weaknesses, and best practices at the core of this research and its primary questions, it is important to define those terms. A strength indicates an aspect of the CSO solicitation technique that has benefited the government, industry, or both. Examples could include an easier process to contract award than FAR-based procedures, reduced risk of protest, contracts for more innovative solutions than the government could have defined in a requirements statement, and so on.
8
Defense ARJ , Spring 2025, Vol. 32 No. 1
Made with FlippingBook - Online Brochure Maker