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. 4103. General authority. 4104. Guidance on use of task and delivery order contracts. 4105. Advisory and assistance services. 4106. Orders. § 4101. Definitions In this chapter: (1) DELIVERY ORDER CONTRACT.—The term ‘‘delivery order contract’’ means a contract for property that— (A) does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and (B) provides for the issuance of orders for the delivery of property during the period of the contract. (2) TASK ORDER CONTRACT.—The term ‘‘task order contract’’ means a contract for services that— (A) does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and (B) provides for the issuance of orders for the performance of tasks during the period of the contract. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3778.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 4101 ............ 41:253k. June 30, 1949, ch. 288, title III, § 303K, as added Pub. L. 103–355, title I, § 1054(a), Oct. 13, 1994, 108 Stat. 3265. § 4102. Authorities or responsibilities not af- fected This chapter does not modify or supersede, and is not intended to impair or restrict, authorities or responsibilities under sections 1101 to 1104 of title 40. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3778.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 4102 ............ 41:253h note. Pub. L. 103–355, § 1054(b), Oct. 13, 1994, 108 Stat. 3265. The text of section 1054(b)(1) of the Federal Acquisi- tion Streamlining Act of 1994 (Pub. L. 103–355, 41:253h note) is omitted as obsolete. § 4103. General authority (a) AUTHORITY TO AWARD.—Subject to the re- quirements of this section, section 4106 of this title, and other applicable law, the head of an executive agency may enter into a task or deliv- ery 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 ex- tended 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 pro- cured 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 ap- plies to the contract and the use of those proce- dures is approved in accordance with section 3304(e) of this title. (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 deter- mination under section 3303 of this title is re- quired for an award of multiple task or deliv- ery order contracts under paragraph (1)(B). 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 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 ADVI- SORY AND ASSISTANCE SERVICES.—Except as oth- erwise specifically provided in section 4105 of this title, 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). (g) RELATIONSHIP TO OTHER CONTRACTING AU- THORITY.—Nothing in this section may be con- strued to limit or expand any authority of the head of an executive agency or the Adminis- trator of General Services to enter into sched- ule, multiple award, or task or delivery order contracts under any other provision of law. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3778.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 4103 ............ 41:253h. June 30, 1949, ch. 288, title III, § 303H, as added Pub. L. 103–355, title I, § 1054(a), Oct. 13, 1994, 108 Stat. 3261; Pub. L. 110–181, title VIII, § 843(b)(1), Jan. 28, 2008, 122 Stat. 238. In subsection (a), the words ‘‘(as defined in section 253k of this title)’’ are omitted as unnecessary. § 4104. Guidance on use of task and delivery order contracts (a) GUIDANCE IN FEDERAL ACQUISITION REGULA- TION.—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 de- livery 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 enter- ing into and administering multiple award task and delivery order contracts to ensure compliance with the requirement in— (A) section 11312 of title 40 for capital plan- ning and investment control in purchases of information technology products and serv- ices; (B) section 4106(c) of this title and section 3406(c) of title 10 to ensure that all contrac- tors are afforded a fair opportunity to be considered for the award of task and deliv- ery orders; and (C) section 4106(e) of this title and section 3406(e) of title 10 for a statement of work in each task or delivery order issued that clear- ly 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 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 fol- lowed by Federal customer agencies in using schedules established under the program. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3780; Pub. L. 117–81, div. A, title XVII, § 1702(h)(14), Dec. 27, 2021, 135 Stat. 2158.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 4104 ............ 41:253h note. Pub. L. 106–65, div. A, title VIII, § 804, Oct. 5, 1999, 113 Stat. 704.