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41 U.S.C. § 4106 — Orders
Federal law — U.S. Code and appendices · legal_authorities
**(a) Application.—** This section applies to task and delivery order contracts entered into under sections 4103 and 4105 of this title.
**(b) Actions Not Required for Issuance of Orders.—** The following actions are not required for issuance of a task or delivery order under a task or delivery order contract:
(1) A separate notice for the order under [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) or section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)).
(2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim)) that is separate from that used for entering into the contract.
**(c) Multiple Award Contracts.—** When multiple contracts are awarded under section 4103(d)(1)(B) or 4105(f) of this title, all contractors awarded the contracts shall be provided a fair opportunity to be considered, pursuant to procedures set forth in the contracts, for each task or delivery order in excess of the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim) that is to be issued under any of the contracts, unless—
(1) the executive agency’s need for the services or property ordered is of such unusual urgency that providing the opportunity to all of those contractors would result in unacceptable delays in fulfilling that need;
(2) only one of those contractors is capable of providing the services o
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4106
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Stable record: federal_law:legal_authorities:record_usc_115d2e5ba5d268b7a64e976e
Source file: Laws/federal/codes/united-states-code/title-41/section-4106-orders--e8ca932737.md
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Source location: Title 41, Chapter 41, § 4106; chapter-041-chapter-41.md
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**(a) Application.—** This section applies to task and delivery order contracts entered into under sections 4103 and 4105 of this title.
**(b) Actions Not Required for Issuance of Orders.—** The following actions are not required for issuance of a task or delivery order under a task or delivery order contract:
(1) A separate notice for the order under [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) or section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)).
(2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim)) that is separate from that used for entering into the contract.
**(c) Multiple Award Contracts.—** When multiple contracts are awarded under section 4103(d)(1)(B) or 4105(f) of this title, all contractors awarded the contracts shall be provided a fair opportunity to be considered, pursuant to procedures set forth in the contracts, for each task or delivery order in excess of the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim) that is to be issued under any of the contracts, unless—
(1) the executive agency’s need for the services or property ordered is of such unusual urgency that providing the opportunity to all of those contractors would result in unacceptable delays in fulfilling that need;
(2) only one of those contractors is capable of providing the services or property required at the level of quality required because the services or property ordered are unique or highly specialized;
(3) the task or delivery order should be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a task or delivery order already issued on a competitive basis; or
(4) it is necessary to place the order with a particular contractor to satisfy a minimum guarantee.
**(d) Enhanced Competition for Orders in Excess of $5,000,000.—** In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (c) is not met unless all such contractors are provided, at a minimum—
(1) a notice of the task or delivery order that includes a clear statement of the executive agency’s requirements;
(2) a reasonable period of time to provide a proposal in response to the notice;
(3) disclosure of the significant factors and subfactors, including cost or price, that the executive agency expects to consider in evaluating such proposals, and their relative importance;
(4) in the case of an award that is to be made on a best value basis, a written statement documenting—
(A) the basis for the award; and
(B) the relative importance of quality and price or cost factors; and
(5) an opportunity for a post-award debriefing consistent with the requirements of [section 3704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3704&num=0&edition=prelim).
**(e) Statement of Work.—** A task or delivery order shall include a statement of work that clearly specifies all tasks to be performed or property to be delivered under the order.
**(f) Protests.—**
(1) **Protest not authorized.—** — A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for—
(A) a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; or
(B) a protest of an order valued in excess of $10,000,000.
(2) **Jurisdiction over protests.—** — Notwithstanding [section 3556 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3556&num=0&edition=prelim), the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B).
**(g) Task and Delivery Order Ombudsman.—**
(1) **Appointment or designation and responsibilities.—** — The head of each executive agency who awards multiple task or delivery order contracts under section 4103(d)(1)(B) or 4105(f) of this title shall appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors on those contracts and ensuring that all of the contractors are afforded a fair opportunity to be considered for task or delivery orders when required under subsection (c).
(2) **Who is eligible.—** — The task and delivery order ombudsman shall be a senior agency official who is independent of the contracting officer for the contracts and may be the executive agency’s advocate for competition.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—**
(1) Except as provided in paragraph (2) of this subsection, for purposes of this section, the micro-purchase threshold is $10,000.
(2) For purposes of this section, the micro-purchase threshold for procurement activities administered under sections 6303 through 6305 of title 31 by institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)), or related or affiliated nonprofit entities, or by nonprofit research organizations or independent research institutes is—
(A) $10,000; or
(B) such higher threshold as determined appropriate by the head of the relevant executive agency and consistent with clean audit findings under chapter 75 of title 31, internal institutional risk assessment, or State law.
**(b) Compliance With Certain Requirements and Nonapplicability of Certain Authority.—**
(1) **Compliance with certain requirements.—** — The head of each executive agency shall ensure that procuring activities of that agency, when awarding a contract with a price exceeding the micro-purchase threshold, comply with the requirements of section 8(a) of the Small Business Act ([15 U.S.C. 637(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/a&num=0&edition=prelim)) and section 7102 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, [15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim) note).
(2) **Nonapplicability of certain authority.—** — The authority under part 13.106(a)(1) of the Federal Acquisition Regulation (48 C.F.R. 13.106(a)(1)), as in effect on November 18, 1
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1902
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Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “simplified acquisition threshold” means $250,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 134
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Federal law — U.S. Code and appendices · legal_authorities
This subchapter does not give the Comptroller General exclusive jurisdiction over protests, and nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in the United States Court of Federal Claims. In any such action based on a procurement or proposed procurement with respect to which a protest has been filed under this subchapter, the reports required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such procurement or proposed procurement and any decision or recommendation of the Comptroller General under this subchapter with respect to such procurement or proposed procurement shall be considered to be part of the agency record subject to review.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3556
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Request for Debriefing.—** When a contract is awarded by the head of an executive agency on the basis of competitive proposals, an unsuccessful offeror, on written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award.
**(b) When Debriefing To Be Conducted.—** The executive agency shall debrief the offeror within, to the maximum extent practicable, 5 days after receipt of the request by the executive agency.
**(c) Information To Be Provided.—** The debriefing shall include, at a minimum—
(1) the executive agency’s evaluation of the significant weak or deficient factors in the offeror’s offer;
(2) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror;
(3) the overall ranking of all offers;
(4) a summary of the rationale for the award;
(5) in the case of a proposal that includes a commercial product that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract; and
(6) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the executive agency.
**(d) Information Not To Be Included.—** The debriefing may not include point-by-point comparisons of the debriefed offeror’s offer with other offers and may not disclose any information that is exempt from disclosure under [section 552(b) of title 5](http
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3704
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Notice Requirement.—** Except as provided in subsection (b)—
(1) an executive agency intending to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000, shall post, for not less than 10 days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (c);
(2) an executive agency shall publish a notice of solicitation described in subsection (c) if the agency intends to—
(A) solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or
(B) place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement; and
(3) an executive agency awarding a contract for property or services for a price exceeding $25,000, or placing an order exceeding $25,000 under a basic agreement, basic ordering agreement, or similar arrangement, shall furnish for publication a notice announcing the award or order if there is likely to be a subcontract under the contract or order.
**(b) Exemptions.—**
(1) **In general.—** — A notice is not required under subsection (a) if—
(A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by—
(i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and
(ii) permitting the public to respond to the solicitation electronically;
(B) the notice would disclose the executive agency’s needs and disclosure would compromise national security;
(C) the proposed procurement would result from acceptance of—
(i) an unsoli
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1708
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Award.—** Subject to the requirements of this section, [section 4106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), and other applicable law, the head of an executive agency may enter into a task or delivery order contract for procurement of services or property.
**(b) Solicitation.—** The solicitation for a task or delivery order contract shall include—
(1) the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option;
(2) the maximum quantity or dollar value of the services or property to be procured under the contract; and
(3) a statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract.
**(c) Applicability of Restriction on Use of Noncompetitive Procedures.—** The head of an executive agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if an exception in [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) applies to the contract and the use of those procedures is approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim).
**(d) Single and Multiple Contract Awards.—**
(1) **Exercise of authority.—** — The head of an executive agency may exercise the authority provided in this section—
(A) to award a single task or delivery order contract; or
(B) if the solicitation states t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4103
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “advisory and assistance services” has the same meaning given that term in [section 1105(g) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/g&num=0&edition=prelim).
**(b) Authority To Award.—**
(1) **In general.—** — Subject to the requirements of this section, [section 4106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), and other applicable law, the head of an executive agency may enter into a task order contract for procurement of advisory and assistance services.
(2) **Only under this section.—** — The head of an executive agency may enter into a task order contract for advisory and assistance services only under this section.
**(c) Contract Period.—** The period of a task order contract entered into under this section, including all periods of extensions of the contract under options, modifications, or otherwise, may not exceed 5 years unless a longer period is specifically authorized in a law that is applicable to the contract.
**(d) Content of Notice.—** The notice required by [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) and section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)) shall reasonably and fairly describe the general scope, magnitude, and duration of the proposed task order contract in a manner that would reasonably enable a potential offeror to decide whether to request the solicitation and consider submitting an offer.
**(e) Required Content of Solicitation and Contract.—**
(1) **Solicitatio
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Required use** The head of an executive agency shall, when appropriate, use streamlined acquisition authorities and procedures authorized by law for a procurement referred to in [section 422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section422&num=0&edition=prelim), including authorities and procedures that are provided under the following provisions of law:
(1) **Federal Property and Administrative Services Act of 1949** — In division C of subtitle I of title 41:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of [section 3304 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304&num=0&edition=prelim), relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
(B) [Section 4106 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), relating to orders under task and delivery order contracts.
(2) **Title 10** — In part V of subtitle A of title 10:
(A) Paragraphs (1), (2), (6), and (7) of subsection (a) of section 3204, relating to use of procedures other than competitive procedures under certain circumstances (subject to subsection (d) of such section).
(B) Section 3406, relating to orders under task and delivery order contracts.
(3) **Office of Federal Procurement Policy Act** — Paragraphs (1)(B), (1)(D), and (2)(A) of [section 1708(b) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708/b&num=0&edition=prelim), relating to inapplicability of a requirement for procurement notice.
**(b) Waiver of certain small business threshold requirements** Subclause (II) of [section 637(a)(1)(D)(i
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 451
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes**
(1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate—
(A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 637
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