Pub. L. 119-60, div. A, tit. XVIII, subtit. C, sec. 1823 (as amended)
MODIFICATIONS TO COMMERCIAL SOLUTIONS OPENINGS.
SEC. 1823. MODIFICATIONS TO COMMERCIAL SOLUTIONS OPENINGS.
Section 3458 of title 10, United States Code, is amended—
(1) by amending subsection (a) to read as follows:
“(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.”
;
(2) by striking subsection (e);
(3) by redesignating subsection (c) and (d) as subsections (d) and (e), respectively;
(4) by inserting after subsection (b) the following new subsection:
“(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.”
;
(5) in subsection (d), as so redesignated—
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and
(6) in subsection (e), as so redesignated, by striking “innovative commercial product or commercial service” in each place it appears and inserting “commercial product, commercial service, or nondevelopmental item”.