New DFARS Rule

The Department of Defense (DoD) recently issued a final Defense Federal Acquisition Regulation Supplement (DFARS) rule authorizing the DoD to acquire innovative commercial products and services through a competitive selection of proposal resulting from a general solicitation, known as a commercial solutions opening (CSO), and the peer review of such proposals in conjunction with a FAR part 12 contract.

The objective of the rule is to obtain solutions or potential new capabilities that fulfill requirements, close capability gaps, or provide potential technological advancements. The use of a CSO in conjunction with a FAR part 12 contract is intended to attract new entrants into the DoD marketplace. CSOs have been used by the DoD since 2017 under a pilot program and the temporary authority of the annual National Defense Authorization Act (NDAA). The current DFARS rule codifies the authority for commercial solutions openings and removes reference to section 803 of the NDAA for FY2022.

This final rule does not impose any new reporting, recordkeeping, or other compliance requirements for small entities.

Find the DFARS final rule here:  DFARS Case 2022-D006