Change Is Upon Us: An Analysis of the Section 801 COTS Provisions of the 2018 NDAA

Section 801 of the NDAA directs the Department of Defense to purchase commercial off-the-shelf items through existing online commercial marketplaces, and to make such marketplaces available to other federal agencies for COTS as well. The directive to purchase products through an online marketplace upends current federal contracting rules and will have a significant impact on all current federal purchasing vehicles – including GSA Schedules, NASA SEWP, FedMall, NIH CIO-CS, and more.  Consequently, it also will have a significant impact on all COTS manufacturers, distributors, and resellers.