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41 U.S.C. § 4103 — General authority

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

41 U.S.C. § 4103 — General authority

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Stable record: federal_law:legal_authorities:record_usc_e86be5fbd3cccf03a7e9cf06
Source file: Laws/federal/codes/united-states-code/title-41/section-4103-general-authority--540d544941.md
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Source location: Title 41, Chapter 41, § 4103; chapter-041-chapter-41.md

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**(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 that the head of the executive agency has the option to do so, to award separate task or delivery order contracts for the same or similar services or property to 2 or more sources. (2) **Determination not required.—** — No determination under [section 3303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3303&num=0&edition=prelim) is required for an award of multiple task or delivery order contracts under paragraph (1)(B). (3) **Single source award for task or delivery 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 (including all options) may be awarded to a single 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 related that only a single source can reasonably 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 established in the contract for the specific tasks to be performed; (iii) only one source is qualified and capable of performing the work at a reasonable price to the Federal Government; or (iv) because of exceptional circumstances, 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 Congress within 30 days after any determination under subparagraph (A)(iv). (4) **Regulations.—** — Regulations implementing this subsection shall establish— (A) a preference for awarding, to the maximum 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 Federal Government. **(e) Contract Modifications.—** A task or delivery order may not increase the scope, period, or maximum value of the task or delivery order contract under which the order is issued. The scope, period, or maximum value of the contract may be increased only by modification of the contract. **(f) Inapplicability to Contracts for Advisory and Assistance Services.—** Except as otherwise specifically provided in [section 4105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4105&num=0&edition=prelim), this section does not apply to a task or delivery order contract for the acquisition of advisory and assistance services (as defined in [section 1105(g) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/g&num=0&edition=prelim)). **(g) Relationship to Other Contracting Authority.—** Nothing in this section may be construed to limit or expand any authority of the head of an executive agency or the Administrator of General Services to enter into schedule, multiple award, or task or delivery order contracts under any other provision of law.

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

41 U.S.C. § 4106 — Orders

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

41 U.S.C. § 3303 — Exclusion of particular source or restriction of solicitation to small business concerns

**(a) Exclusion of Particular Source.—** (1) **Criteria for exclusion.—** — An executive agency may provide for the procurement of property or services covered by [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3301&num=0&edition=prelim) using competitive procedures but excluding a particular source to establish or maintain an alternative source of supply for that property or service if the agency head determines that to do so would— (A) increase or maintain competition and likely result in reduced overall cost for the procurement, or for an anticipated procurement, of the property or services; (B) be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization; (C) be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center; (D) ensure the continuous availability of a reliable source of supply of the property or service; (E) satisfy projected needs for the property or service determined on the basis of a history of high demand for the property or service; or (F) satisfy a critical need for medical, safety, or emergency supplies. (2) **Determination for class disallowed.—** — A determination under paragraph (1) may not be made for a class of purchases or contracts. **(b) Exclusion of Other Than Small Business Concerns.—** An executive agency may provide for the procurement of property or services covered by [section 3301 of this title](https://uscode.house.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3303

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

41 U.S.C. § 4105 — Advisory and assistance services

**(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

40 U.S.C. § 1103 — Selection procedure

**(a) In General.—** These procedures apply to the procurement of architectural and engineering services by an agency head. **(b) Annual Statements.—** The agency head shall encourage firms to submit annually a statement of qualifications and performance data. **(c) Evaluation.—** For each proposed project, the agency head shall evaluate current statements of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services. **(d) Selection.—** From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head.

Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1103

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

41 U.S.C. § 4103 — General authority

Page 125 TITLE 41—PUBLIC CONTRACTS § 4103 (4) in the case of the Department of Defense and the Department of Energy, the Commit- tees on Armed Services of the Senate and the House of Representatives. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3777.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3906 ............ 41:254 note. Pub. L. 110–417, [div. A], title VIII, § 864(a), (b), (d), (e), (f)(2), (g), Oct. 14, 2008, 122 Stat. 4549. In subsection (b), the words ‘‘Not later than 270 days after the date of the enactment of this Act’’ are omit- ted because of section 6(f) of the bill. The words ‘‘shall address’’ are substituted for ‘‘shall be revised to ad- dress’’ to reflect the permanence of the provision. In subsection (d), the words ‘‘Subject to subsection (f)’’ are omitted as unnecessary. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. AMENDMENT OF FEDERAL ACQUISITION REGULATION Pub. L. 111–350, § 6(f)(5), Jan. 4, 2011, 124 Stat. 3855, provided that: ‘‘The Federal Acquisition Regulation shall be amended to meet the requirements of section 3906(b) of title 41, United States Code, not later than 270 days after October 14, 2008.’’ CHAPTER 41—TASK AND DELIVERY ORDER CONTRACTS Sec. 4101. Definitions. 4102. Authorities or responsibilities not affected

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4103

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