In this post, Associate Attorney Chase Tavernier gives an overview of Army Directive 2026-19, its key requirements including mandatory software acquisition processes, a commercial-first solutions approach, and using testing and cybersecurity to enable speedy delivery. Chase also provides insights on how contractors should proceed under this new Directive.
Key Takeaways
- Army Directive 2026-19 (“Directive 2026-19”), July 22, 2026, rescinds AD 2024-02, makes the Software Acquisition Pathway mandatory for all software development, and makes commercial solutions the first choice, with custom development an extremely rare exception.
- Directive 2026-19 carries forward Department direction making Commercial Solutions Openings and Other Transactions the default solicitation and award approaches for qualifying Software Acquisition Pathway efforts in the planning phase.
- It requires contracting officers to use Army enterprise software contracts, when available for selected vendors, to purchase commercial software with applicability beyond a single use case, and it directs testing and cybersecurity organizations to speed delivery through automated testing, vendor test data, continuous authorization to operate, and reciprocity.
- The directive sits within a broader Department acquisition-reform effort built through two executive orders and a series of Secretary-level memoranda, and it will be folded into a new Army regulation within two years.
Where the Directive Came From
Directive 2026-19 puts into Army policy a set of software-buying instructions that the Department’s leadership issued over the course of 2025. The earliest and most specific is a March 6, 2025 memorandum from the Secretary of Defense, “Directing Modern Software Acquisition to Maximize Lethality.” That memo directs all Department components to adopt the Software Acquisition Pathway as the preferred pathway for the software development components of business and weapon system programs. It also states that, for efforts meeting the threshold requirements to apply the authorities in 10 U.S.C. § 3458 or § 4022, Commercial Solutions Openings and Other Transactions are the default solicitation and award approaches for acquiring capabilities under the pathway, for any software pathway program in the planning phase before execution. The same memo bars components from adding further guidance on that point that would impose restrictive measures beyond what statute requires. Directive 2026-19 carries this language forward in its background section.
Two executive orders from April 2025 set the wider policy. Executive Order 14265, of April 9, 2025, “Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base,” calls for a comprehensive overhaul of the defense acquisition system to deliver capabilities at speed and scale, and the Department later identified it as the order that directed preparation of its acquisition transformation strategy. Executive Order 14271, of April 15, 2025, “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” directs the Government to enforce existing statutory preferences and to use the competitive marketplace to the maximum extent practicable, rather than procuring custom products and services where a commercial solution would meet the need.
On April 30, 2025, the Secretary of Defense issued “Army Transformation and Acquisition Reform,” directing the Secretary of the Army to carry out a comprehensive transformation. Among other things, it directs the Army to expand the use of Other Transaction Authority for faster prototyping and fielding, including for software and software-defined hardware; to pursue right-to-repair provisions that give the Army access to maintenance tools, software, and technical data while preserving the intellectual capital of American industry, in both existing and new contracts; and to implement performance-based contracting and expanded multi-year procurement.
On November 7, 2025, now under the title Secretary of War, the same official issued “Transforming the Defense Acquisition System into the Warfighting Acquisition System,” which redesignates the acquisition system, prioritizes speed, and attaches an Acquisition Transformation Strategy. When the Army issued Directive 2026-19, it translated that broader reform agenda into specific requirements for Army software acquisition.
What the Directive Requires
The directive applies to all software acquisition efforts across the Regular Army, the Army National Guard, and the Army Reserve. Its policy section sets several requirements.Â
- The Software Acquisition Pathway is mandatory. Every software development effort, including programs that combine hardware and software, must use the Software Acquisition Pathway as the primary pathway or in conjunction with others, and any program on a different track must transition to it at its next major decision point.
- Commercial solutions come first. Program managers must consider commercial solutions first, then commercial solutions configured for military use. Custom development is to be extremely rare and may be authorized only when no commercial solution can meet a significant portion of operational needs. The directive tells program managers to leverage existing Department enterprise services where applicable.
- Enterprise software contracts must be used where available. When commercial software has applicability beyond a single use case, the contracting officer must use an available Army enterprise software contract to purchase it.
- Testing and cybersecurity must speed delivery. Test organizations must use automated testing, accept vendor test data when feasible, and test in parallel with development. The commanders of Army cybersecurity organizations must implement continuous authorization to operate and accept reciprocity across Army organizations.
What It Signals for Industry
Read together, these documents point contractors in several clear directions:Â
- Commercial over custom. Executive Orders 14265 and 14271 and Directive 2026-19 all favor commercial products and services over custom development. Vendors with adaptable commercial or configured-commercial offerings are positioned to fit that preference, and the transformation strategy pushes the workforce to treat commercial products and services as the default approach consistent with statute.
- Streamlined vehicles, within limits. The Department has made Commercial Solutions Openings and Other Transactions the default approaches for qualifying Software Acquisition Pathway efforts. The transformation strategy encourages Commercial Solutions Openings across acquisition tiers where legally permissible and directs use of Other Transaction Authority for prototype and follow-on production efforts, and it repeatedly emphasizes drawing in nontraditional vendors and consortia.
- Enterprise-wide buying. Where commercial software has applicability beyond a single use case, Directive 2026-19 requires contracting officers to use an Army enterprise software contract when one is available for the selected vendor. That approach favors vendors whose products can serve needs across the force.
- Faster testing and authorization. Directive 2026-19’s reliance on automated testing, vendor test data, continuous authorization to operate, and reciprocity tracks the transformation strategy’s call for accredited test pipelines, continuous updates to fielded systems, and reciprocity for testing already completed. Contractors should be prepared to supply well-documented test data and to support continuous authorization for software that updates often.
- Technical data, IP, and right to repair. The April 2025 Army reform memorandum and the transformation strategy direct the Army to obtain access to maintenance tools, software, and technical data, and to secure right-to-repair terms, while preserving the intellectual capital of American industry. Contractors should expect data deliverables and access rights to be a focus of negotiation.
- A changing protest environment. The transformation strategy states an intent to resolve bid protests faster and to seek authority that would make unsuccessful protesters bear costs in defined circumstances. Contractors should monitor those proposed changes when evaluating future protest strategy.
Does Driscoll’s Exit Change Anything?
Dan Driscoll signed Directive 2026-19 on July 22, 2026, after making acquisition modernization a central Army priority. The White House confirmed his resignation on August 31, and Driscoll announced on September 1 that September 2 would be his last full day in office.
Driscoll’s departure does not alter the directive itself. Directive 2026-19 remains in effect, and its implementation will continue under Army leadership unless and until the Army modifies or rescinds it.
For more guidance or legal assistance on government contracting issues, please contact Centre Law & Consulting.
This publication is provided by Centre Law & Consulting, LLC for general informational purposes only. It does not constitute legal advice, does not create an attorney-client relationship, and should not be relied upon or acted upon without seeking advice from a licensed attorney about your specific circumstances. It summarizes the referenced Army directive, Department memoranda, and executive orders as of the date of publication; those authorities may be amended, superseded, or interpreted differently, and they apply differently depending on the facts of each matter. The views expressed are those of the author and do not necessarily reflect those of the firm or its clients. Prior results do not guarantee a similar outcome.
