Contracting Cone

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FAR Based Strategies

Federal Supply Schedules
Commercial Items
Simplified Acquisitions
Contracting by Negotiation
IDIQ
Letter Contracts
Agreements
Small Business
Broad Agency Announcement
Commercial Solutions Opening

Statutory Strategies

SBIR/STTR
Other Transactions
Procurement for Experiments
R&D Agreements
Cooperative R&D Agreement
Partnership Intermediary Agreement
Technology Investment Agreement

Contract Type Matrix

Commercial Solutions Opening (DFARS 212.70)

Commercial Solutions Opening (CSO) is a competitive process to obtain solutions or new capabilities that fulfill requirements, close capability gaps, or provide potential technological advances. Products and services acquiring using a CSO shall be treated as commercial products or services. For CSO purposes, innovation is defined as:

    • any technology, process, or method, including research and development, that is new as of the date of proposal submission
    • any application of a technology, process, or method that is new as of proposal submission

A CSO may also be used to fulfill requirements for R&D solutions ranging from advanced component development through operational systems development. CSOs are not subject to the limitations at DFARS 235.016.

CSO procedures are similar to those for Broad Agency Announcements (BAAs), with the exception that a CSO can be used to acquire innovative commercial items, technologies, or services that directly meet program requirements, whereas BAAs are restricted to basic and applied research.

CSO procedures may also used to award agreements. Specific limitations and requirements apply when using the CSO evaluation procedures and is dependent upon the strategy selected (e.g., Prototype Other Transactions under 10 U.S.C. §4022).

Common Applications

  • Commercial products and services
  • Commercial technology maturation
  • R&D studies for commercial technology

 

Pros

Cons
Ability to use streamlined procedures for commercial technologies provides opportunity for acquisition programs to deliver capability quickly

 

Data rights and licenses of commercial technology increases burden on government to ensure specialized rights are well understood
Can be used to award FAR contracts or OT agreements

 

Restrictions

  • Limited to fixed-price or fixed-price incentive contract arrangements
  • Awards exceeding $100 million require approval from USD A&S or military service acquisition executive

 

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