EconDefense
ACQ-40 / Acquisition, transition and contract finance

Acquire commercial solutions through general solicitations and follow-on awards

Competitively select commercial products, services or nondevelopmental items via general solicitation with peer, technical or operational review and use authorized follow-on production routes.

Download record

At a glance

Possible toolACQ-40 · Other statutory tools
Legal basis10 U.S.C. §3458

Authority holder: Secretary of Defense and military-department Secretaries

Other statutory tools

Mechanism tags describe the source text; they do not expand the authority.

Availability and verification

Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Requirements and limits

Eligibility & prerequisites

  • 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 & exclusions

  • §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 conditions

  • Properly available acquisition funds; commercial treatment does not independently relax fiscal law.

Read the funding and execution guide

Who contributes what

Need & planning

  • Operational requirement owner; Service/component portfolio acquisition executive and program manager

Resources

  • Sponsoring Service/component appropriations manager and comptroller

Approval

  • Service/component acquisition executive and authorized contracting authority, at applicable threshold

Execution

Partners & review

  • User command
  • Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Office links are editorial matches to the original role text, not verified delegations. Composite labels and unmatched actors are preserved.

Coordination pathway

Mission customer and program → commercial market/problem solicitation → review and contract award → document follow-on basis/approvals.

Actor and execution-role sources

Legal basis

  • 10 U.S.C. §3458Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative.
  • P.L. 119-60, §1823Enacted public law, not a pending bill.

What this research establishes

Legal powerSource and conditions recorded
EligibilityProject-specific check needed
Available fundsBalances not verified
DelegationValid signature authority must be checked
ExecutionOffice capacity and approvals must be checked

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.

Research target: October 2, 2026. A record-specific last-review date is not supplied. Publication date is not legal-currentness certification.

Related tools in this family