§ 253h. — Task and delivery order contracts: general authority.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC253h]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 4--PROCUREMENT PROCEDURES
SUBCHAPTER IV--PROCUREMENT PROVISIONS
Sec. 253h. Task and delivery order contracts: general authority
(a) Authority to award
Subject to the requirements of this section, section 253j of this
title, and other applicable law, the head of an executive agency may
enter into a task or delivery order contract (as defined in section 253k
of this title) for procurement of services or property.
(b) Solicitation
The solicitation for a task or delivery order contract shall include
the following:
(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, if any.
(2) The maximum quantity or dollar value of the services or
property to be procured under the contract.
(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 subsection (c) of section 253
of this title applies to the contract and the use of such procedures is
approved in accordance with subsection (f) of such section.
(d) Single and multiple contract awards
(1) 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 two
or more sources.
(2) No determination under section 253(b) of this title is required
for an award of multiple task or delivery order contracts under
paragraph (1)(B).
(3) The regulations implementing this subsection shall--
(A) establish a preference for awarding, to the maximum extent
practicable, multiple task or delivery order contracts for the same
or similar services or property under the authority of paragraph
(1)(B); and
(B) establish 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 253i 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 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.
(June 30, 1949, ch. 288, title III, Sec. 303H, as added Pub. L. 103-355,
title I, Sec. 1054(a), Oct. 13, 1994, 108 Stat. 3261.)
Effective Date
For effective date and applicability of section, see section 10001
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note
under section 251 of this title.
Construction
Section 1054(b) of Pub. L. 103-355 provided that: ``Nothing in
section 303H, 303I, 303J, or 303K of the Federal Property and
Administrative Services Act of 1949 [41 U.S.C. 253h, 253i, 253j, 253k],
as added by subsection (a), shall be construed as modifying or
superseding, or as intended to impair or restrict, authorities or
responsibilities under--
``(1) the Brooks Automatic Data Processing Act (section 111 of
the Federal Property and Administrative Services Act of 1949
([former] 40 U.S.C. 759)); and
``(2) the Brooks Architect-Engineers Act (title IX of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
541 et seq.) [now 40 U.S.C. 1101-1104]).''
Guidance on Use of Task Order and Delivery Order Contracts
Pub. L. 106-65, div. A, title VIII, Sec. 804, Oct. 5, 1999, 113
Stat. 704, provided that:
``(a) Guidance in the Federal Acquisition Regulation.--Not later
than 180 days after the date of the enactment of this Act [Oct. 5,
1999], the Federal Acquisition Regulation issued in accordance with
sections 6 and 25 of the Office of Federal Procurement Policy Act (41
U.S.C. 405 and 421) shall be revised to provide guidance to agencies on
the appropriate use of task order and delivery order contracts in
accordance with sections 2304a through 2304d of title 10, United States
Code, and sections 303H through 303K of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 253h through 253k).
``(b) Content of Guidance.--The regulations issued pursuant to
subsection (a) shall, at a minimum, provide the following:
``(1) Specific guidance on the appropriate use of governmentwide
and other multiagency contracts entered into in accordance with the
provisions of law referred to in that subsection.
``(2) Specific guidance on steps that agencies should take in
entering into and administering multiple award task order and
delivery order contracts to ensure compliance with--
``(A) the requirement in section 5122 of the Clinger-Cohen
Act (40 U.S.C. 1422) [now 40 U.S.C. 11312] for capital planning
and investment control in purchases of information technology
products and services;
``(B) the requirement in section 2304c(b) of title 10,
United States Code, and section 303J(b) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253j(b)) to
ensure that all contractors are afforded a fair opportunity to
be considered for the award of task orders and delivery orders;
and
``(C) the requirement in section 2304c(c) of title 10,
United States Code, and section 303J(c) of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 253j(c)) for
a statement of work in each task order or delivery order issued
that clearly specifies all tasks to be performed or property to
be delivered under the order.
``(c) GSA 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 309(b)(3) of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 259(b)(3)) that is administered as the Federal
Supply Schedules program. The assessment shall include examination of
the following:
``(1) The administration of the program by the Administrator of
General Services.
``(2) The ordering and program practices followed by Federal
customer agencies in using schedules established under the program.
``(d) GAO Report.--Not later than one year after the date on which
the regulations required by subsection (a) are published in the Federal
Register, the Comptroller General shall submit to Congress an evaluation
of--
``(1) executive agency compliance with the regulations; and
``(2) conformance of the regulations with existing law, together
with any recommendations that the Comptroller General considers
appropriate.''
Section Referred to in Other Sections
This section is referred to in sections 253i, 253j, 253k of this
title.
