§ 434. — Modular contracting for information technology.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC434]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 434. Modular contracting for information technology
(a) In general
The head of an executive agency should, to the maximum extent
practicable, use modular contracting for an acquisition of a major
system of information technology.
(b) Modular contracting described
Under modular contracting, an executive agency's need for a system
is satisfied in successive acquisitions of interoperable increments.
Each increment complies with common or commercially accepted standards
applicable to information technology so that the increments are
compatible with other increments of information technology comprising
the system.
(c) Implementation
The Federal Acquisition Regulation shall provide that--
(1) under the modular contracting process, an acquisition of a
major system of information technology may be divided into several
smaller acquisition increments that--
(A) are easier to manage individually than would be one
comprehensive acquisition;
(B) address complex information technology objectives
incrementally in order to enhance the likelihood of achieving
workable solutions for attainment of those objectives;
(C) provide for delivery, implementation, and testing of
workable systems or solutions in discrete increments each of
which comprises a system or solution that is not dependent on
any subsequent increment in order to perform its principal
functions; and
(D) provide an opportunity for subsequent increments of the
acquisition to take advantage of any evolution in technology or
needs that occur during conduct of the earlier increments;
(2) a contract for an increment of an information technology
acquisition should, to the maximum extent practicable, be awarded
within 180 days after the date on which the solicitation is issued
and, if the contract for that increment cannot be awarded within
such period, the increment should be considered for cancellation;
and
(3) the information technology provided for in a contract for
acquisition of information technology should be delivered within 18
months after the date on which the solicitation resulting in award
of the contract was issued.
(Pub. L. 93-400, Sec. 38, formerly Sec. 35, as added Pub. L. 104-106,
div. E, title LII, Sec. 5202(a), Feb. 10, 1996, 110 Stat. 690;
renumbered Sec. 38, Pub. L. 104-201, div. A, title X, Sec. 1074(d)(1),
Sept. 23, 1996, 110 Stat. 2660.)
Effective Date
Section effective 180 days after Feb. 10, 1996, see section 5701 of
Pub. L. 104-106, Feb. 10, 1996, 110 Stat. 702.
