{
  "id": "ACQ-40",
  "category": "Commercial acquisition",
  "capability": "Acquire commercial solutions through general solicitations and follow-on awards",
  "summary": "Competitively select commercial products, services or nondevelopmental items via general solicitation with peer, technical or operational review and use authorized follow-on production routes.",
  "legal_basis": [
    {
      "citation": "10 U.S.C. §3458",
      "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3458&num=0&edition=prelim",
      "kind": "statute",
      "note": "Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative."
    },
    {
      "citation": "P.L. 119-60, §1823",
      "url": "https://www.govinfo.gov/content/pkg/PLAW-119publ60/html/PLAW-119publ60.htm",
      "kind": "statute",
      "note": "Enacted public law, not a pending bill."
    }
  ],
  "authority_holder": "Secretary of Defense and military-department Secretaries",
  "actor_chain": {
    "planner": [
      "Operational requirement owner; Service/component portfolio acquisition executive and program manager"
    ],
    "resource_owner": [
      "Sponsoring Service/component appropriations manager and comptroller"
    ],
    "approver": [
      "Service/component acquisition executive and authorized contracting authority, at applicable threshold"
    ],
    "executor": [
      "Warranted contracting officer and program manager"
    ],
    "partners": [
      "User command",
      "Counsel, fiscal, engineering, testing, logistics and security staff as applicable"
    ]
  },
  "actor_sources": [
    {
      "title": "P.L. 119-60 §1802 / 10 U.S.C. 1732 — portfolio plans, budgets, execution and reporting chain",
      "url": "https://www.govinfo.gov/content/pkg/PLAW-119publ60/html/PLAW-119publ60.htm"
    },
    {
      "title": "DIU Work With Us — mission customer, liaison, funding and prototype execution",
      "url": "https://www.diu.mil/work-with-us"
    }
  ],
  "requirements": [
    "General solicitation and appropriate review; fixed-price including fixed-price incentive awards.",
    "Follow-on sole-source contract requires §3204(e) approvals; alternative §4022-defined production contract/transaction route must be legally analyzed."
  ],
  "limits": [
    "§3458 CSO authority is distinct from DIU’s CSO solicitation technique used with §4022 OTs; do not merge requirements.",
    "Awards above $100m require congressional notification within 45 days."
  ],
  "funding": [
    "Properly available acquisition funds; commercial treatment does not independently relax fiscal law."
  ],
  "coordination_path": "Mission customer and program → commercial market/problem solicitation → review and contract award → document follow-on basis/approvals.",
  "availability": "Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.",
  "confidence": "High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.",
  "currentness": "GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation. Complete OLRC indexed §3458 text dated 2026-09-18 cross-checked against P.L. 119-60 §1823.",
  "family": "Acquisition, transition and contract finance",
  "mechanisms": [
    "Other statutory tools"
  ],
  "goal_ids": [
    "prototype-to-use"
  ],
  "office_links": [
    {
      "office_id": "counsel-award-officials",
      "role": "executor",
      "label": "Warranted contracting officer and program manager"
    }
  ]
}
