October 24Oct 24 comment_96411 good afternoon,i have been researching CSOs as The How with 10 USC 4022 as the What. I read DFARS 212.70 that CSOs are limited to fixed-price, including fixed-price incentive contracts. Since an OT is not FAR based are we still beholden to the fixed-price obstacle? I would assume no, but wanted some insight from the masses. much appreciated. Report
October 27Oct 27 comment_96436 The restriction on contract type comes from 10 USC 3458(c)(2):"Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive contracts." Report
October 29Oct 29 comment_96456 If you set your CSO up like DIUx or MDA then no. You can solicit using a CSO and award an other transaction using a non-procurement authority that isn’t fixed price. You just wouldn’t use the procedures in the DFARS. It’s a solicitation IAW the rules in the statute of the non-FAR based authority you are trying to use. Report
October 30Oct 30 Author comment_96470 @uva383 good morning. that is the route i aim to pitch to the customer. i appreciate the reply and ensuring i was on the right track. Report
October 30Oct 30 comment_96471 I’m sorry. I thought I posted this earlier but guess I didn’t hit the submit button. It’s essentially the same as what uva383 said.https://www.dau.edu/acquipedia-article/commercial-solutions-opening-cso Report
October 31Oct 31 comment_96500 On 10/29/2025 at 3:42 PM, uva383 said:If you set your CSO up like DIUx or MDA then no. You can solicit using a CSO and award an other transaction using a non-procurement authority that isn’t fixed price. You just wouldn’t use the procedures in the DFARS. It’s a solicitation IAW the rules in the statute of the non-FAR based authority you are trying to use.So just ignore 10 USC 3458(c)(2)? Report
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