§ 253j. — Task and delivery order contracts: orders.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC253j]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 4--PROCUREMENT PROCEDURES
SUBCHAPTER IV--PROCUREMENT PROVISIONS
Sec. 253j. Task and delivery order contracts: orders
(a) 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 such order under section 416 of this
title or section 637(e) of title 15.
(2) Except as provided in subsection (b) of this section, a
competition (or a waiver of competition approved in accordance with
section 253(f) of this title) that is separate from that used for
entering into the contract.
(b) Multiple award contracts
When multiple contracts are awarded under section 253h(d)(1)(B) or
253i(e) of this title, all contractors awarded such 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
$2,500 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 such opportunity
to all such contractors would result in unacceptable delays in
fulfilling that need;
(2) only one such contractor is capable of providing the
services or property required at the level of quality required
because the services or property ordered are unique or highly
specialized;
(3) the task or delivery order should be issued on a sole-source
basis in the interest of economy and efficiency because it is a
logical follow-on to a task or delivery order already issued on a
competitive basis; or
(4) it is necessary to place the order with a particular
contractor in order to satisfy a minimum guarantee.
(c) Statement of work
A task or delivery order shall include a statement of work that
clearly specifies all tasks to be performed or property to be delivered
under the order.
(d) Protests
A protest is not authorized in connection with the issuance or
proposed issuance of a task or delivery order except for a protest on
the ground that the order increases the scope, period, or maximum value
of the contract under which the order is issued.
(e) Task and delivery order ombudsman
The head of each executive agency who awards multiple task or
delivery order contracts pursuant to section 253h(d)(1)(B) or 253i(e) of
this title shall appoint or designate a task and delivery order
ombudsman who shall be responsible for reviewing complaints from the
contractors on such contracts and ensuring that all of the contractors
are afforded a fair opportunity to be considered for task or delivery
orders when required under subsection (b) of this section. The task and
delivery order ombudsman shall be a senior agency official who is
independent of the contracting officer for the contracts and may be the
executive agency's competition advocate.
(f) Applicability
This section applies to task and delivery order contracts entered
into under sections 253h and 253i of this title.
(June 30, 1949, ch. 288, title III, Sec. 303J, as added Pub. L. 103-355,
title I, Sec. 1054(a), Oct. 13, 1994, 108 Stat. 3264.)
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 not to be construed as modifying or superseding, or as
intended to impair or restrict, authorities or responsibilities under
former 40 U.S.C. 759 or subchapter VI (Sec. 541 et seq.) of chapter 10
of former title 40 [now 40 U.S.C. 1101-1104], see section 1054(b) of
Pub. L. 103-355, set out as a note under section 253h of this title.
Section Referred to in Other Sections
This section is referred to in sections 253h, 253i, 253k of this
title; title 6 section 426.
