FAR and DFARS › DFARS Part 212: Acquisition of Commercial Products and Commercial Services › Subpart 212.70
DFARS 212.7004 Procedures.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section sets out the procedures for using a Commercial Solutions Opening (CSO), including what the CSO must describe, how it must be publicized, and how proposals are evaluated. It matters to contractors because it explains how CSO solicitations are structured and how their proposals will be reviewed and selected.
Applies to: Contracting officers and contractors involved in Commercial Solutions Opening (CSO) acquisitions
What it requires
- The CSO must describe the agency's interest, required technical data, evaluation factors, proposal acceptance period, and proposal preparation and submission instructions.
- The contracting officer must publicize the CSO through the Governmentwide point of entry and publish the notice at least annually.
- Proposals must be evaluated through a scientific, technological, or other subject-matter expert peer review process, with written evaluation reports on individual proposals.
- The contracting officer must document that the requirements of this subpart have been met and include the documentation in the contract file.
Key terms: CSO · Governmentwide point of entry · peer review · Certificate of Competency · synopsis
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
This section prescribes procedures for the use of a CSO.
(a) The CSO shall—
(1) Describe the agency's interest for an individual program requirement or for broadly defined areas of interest covering the full range of the agency's requirements;
(2) Specify the technical data required that may be necessary to meet DoD's minimum requirements (see 227.7102 and 227.7202);
(3) Describe the evaluation factors for selecting proposals to include—
(i) Technical and importance to agency programs as the primary evaluation factors;
(ii) Price to the extent appropriate, but at a minimum to determine that the price is fair and reasonable; and
(iii) Relative importance of the factors, and the method of evaluation;
(4) Specify the period of time during which proposals submitted in response to the CSO will be accepted; and
(5) Contain instructions for the preparation and submission of proposals.
(b) The contracting officer shall publicize the CSO through the Governmentwide point of entry and, if authorized pursuant to FAR subpart 5.5, may also publish a notice regarding the CSO in noted scientific, technical, or engineering periodicals. The contracting officer shall publish the notice at least annually.
(c) Proposals received in response to the CSO shall be evaluated in accordance with evaluation factors specified therein through a scientific, technological, or other subject-matter expert peer review process. Written evaluation reports on individual proposals are required, but proposals need not be evaluated against each other since they are not submitted in response to a common performance work statement or statement of work.
(d) Synopsis of proposed contract actions under FAR subpart 5.2 of individual contract actions based upon proposals received in response to the CSO is not required. The notice published pursuant to paragraph (b) of this section fulfills the synopsis requirement.
(e) When a small business concern would otherwise be selected for award but is considered not responsible, follow the Small Business Administration Certificate of Competency procedure (see FAR subpart 19.6).
(f) The contracting officer shall document the decision that the requirements of this subpart have been met and include the documentation in the contract file.
← 212.7003 Limitations. · 212.7005 Congressional notification. →
Rule changes for DFARS Part 212
- Defense Federal Acquisition Regulation Supplement: Modifications to Printed Circuit Board Acquisition Restrictions (DFARS Case 2022-D011) ↗ · proposed 2026-07-02 · comments due 2026-08-31
- Defense Federal Acquisition Regulation Supplement: Certification Requirement for Military Recruitment Advertising (DFARS Case 2024-D022) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Small Purchase Exception for the Acquisition of U.S. Flags (DFARS Case 2024-D013) ↗ · proposed 2026-06-25 · comments due 2026-08-24
- Defense Federal Acquisition Regulation Supplement: Mitigating Risks Related to Foreign Ownership, Control, or Influence (DFARS Case 2021-D011) ↗ · proposed 2026-05-07 · comments due 2026-07-06
- Defense Federal Acquisition Regulation Supplement: Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041) ↗ · final rule 2025-09-10 · effective 2025-11-10
- Defense Federal Acquisition Regulation Supplement: Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023) ↗ · final rule 2025-08-25 · effective 2025-08-25
- Defense Federal Acquisition Regulation Supplement: Preventing Conflicts of Interest for Certain Consulting Services (DFARS Case 2024-D007) ↗ · final rule 2025-08-25 · effective 2025-10-24
- Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002) ↗ · final rule 2025-08-25 · effective 2025-10-01
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.