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41 U.S.C. § 4104 — Guidance on use of task and delivery order contracts

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4104 — Guidance on use of task and delivery order contracts

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Stable record: federal_law:legal_authorities:record_usc_828a0eb7fae124c79e95bf6c
Source file: Laws/federal/codes/united-states-code/title-41/section-4104-guidance-on-use-of-task-and-delivery-order-contracts--acca0a621f.md
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Source location: Title 41, Chapter 41, § 4104; chapter-041-chapter-41.md

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**(a) Guidance in Federal Acquisition Regulation.—** The Federal Acquisition Regulation issued in accordance with sections 1121(b) and 1303(a)(1) of this title shall provide guidance to agencies on the appropriate use of task and delivery order contracts in accordance with this chapter and chapter 245 of title 10. **(b) Content of Regulations.—** The regulations issued pursuant to subsection (a) at a minimum shall provide specific guidance on— (1) the appropriate use of Government-wide and other multiagency contracts entered into in accordance with this chapter and chapter 245 of title 10; and (2) steps that agencies should take in entering into and administering multiple award task and delivery order contracts to ensure compliance with the requirement in— (A) [section 11312 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section11312&num=0&edition=prelim) for capital planning and investment control in purchases of information technology products and services; (B) [section 4106(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106/c&num=0&edition=prelim) and [section 3406(c) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406/c&num=0&edition=prelim) to ensure that all contractors are afforded a fair opportunity to be considered for the award of task and delivery orders; and (C) [section 4106(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106/e&num=0&edition=prelim) and [section 3406(e) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406/e&num=0&edition=prelim) for a statement of work in each task or delivery order issued that clearly specifies all tasks to be performed or property to be delivered under the order. **(c) Federal Supply Schedules Program.—** The Administrator for Federal Procurement Policy shall consult with the Administrator of General Services to assess the effectiveness of the multiple awards schedule program of the General Services Administration referred to in [section 152(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section152/3&num=0&edition=prelim) that is administered as the Federal Supply Schedules program. The assessment shall include examination of— (1) the administration of the program by the Administrator of General Services; and (2) the ordering and program practices followed by Federal customer agencies in using schedules established under the program.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 11312 — Capital planning and investment control

**(a) Design of Process.—** In fulfilling the responsibilities assigned under [section 3506(h) of title 44](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3506/h&num=0&edition=prelim), the head of each executive agency shall design and implement in the executive agency a process for maximizing the value, and assessing and managing the risks, of the information technology acquisitions of the executive agency. **(b) Content of Process.—** The process of an executive agency shall— (1) provide for the selection of investments in information technology (including information security needs) to be made by the executive agency, the management of those investments, and the evaluation of the results of those investments; (2) be integrated with the processes for making budget, financial, and program management decisions in the executive agency; (3) include minimum criteria to be applied in considering whether to undertake a particular investment in information systems, including criteria related to the quantitatively expressed projected net, risk-adjusted return on investment and specific quantitative and qualitative criteria for comparing and prioritizing alternative information systems investment projects; (4) identify information systems investments that would result in shared benefits or costs for other federal agencies or state or local governments; (5) identify quantifiable measurements for determining the net benefits and risks of a proposed investment; and (6) provide the means for senior management personnel of the executive agency to obtain timely information regarding the progress of an investment in an information system, including a system of milestones for measuring progress, on an independently verifiable basis, in terms of cost,

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4104 — Guidance on use of task and delivery

Page 126 TITLE 41—PUBLIC CONTRACTS § 4104 (3) SINGLE SOURCE AWARD FOR TASK OR DELIV- ERY ORDER CONTRACTS EXCEEDING $100,000,000.— (A) WHEN SINGLE AWARDS ARE ALLOWED.— No task or delivery order contract in an amount estimated to exceed $100,000,000 (in- cluding all options) may be awarded to a sin- gle source unless the head of the executive agency determines in writing that— (i) the task or delivery orders expected under the contract are so integrally re- lated that only a single source can reason- ably perform the work; (ii) the contract provides only for firm, fixed price task orders or delivery orders for— (I) products for which unit prices are established in the contract; or (II) services for which prices are estab- lished in the contract for the specific tasks to be performed; (iii) only one source is qualified and ca- pable of performing the work at a reason- able price to the Federal Government; or (iv) because of exceptional cir- cumstances, it is necessary in the public interest to award the contract to a single source. (B) NOTIFICATION OF CONGRESS.—The head of the executive agency shall notify Con- gress within 30 days after any determination under subparagraph (A)(iv). (4) REGULATIONS.—Regulations imple- menting this subsection shall establish— (A) a preference for awarding, to the max- imum extent practicable, multiple task or delivery order contracts for the same or similar services or property under paragraph (1)(B); and (B) criteria for determining when award of multiple task or delivery order contracts would not be in the best interest of the Fed- eral Government. (e) CONTRACT MODIFICATIONS.—A task or deliv- ery order may not increase the scope, period, or maximum value of the task or delivery order contract under which the or

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