41 U.S.C. § 4101 — Definitions

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).