10 U.S.C. § 2304a : US Code - Section 2304A: Task and delivery order contracts: general authority
Search 10 U.S.C. § 2304a : US Code - Section 2304A: Task and delivery order contracts: general authority
(a) Authority To Award. - Subject to the requirements of this
section, section 2304c of this title, and other applicable law, the
head of an agency may enter into a task or delivery order contract
(as defined in section 2304d 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 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 2304 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
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 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 2304(b) of this title is
required for 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) Contract Period. - The head of an agency entering into a task
or delivery order contract under this section may provide for the
contract to cover any period up to five years and may extend the
contract period for one or more successive periods pursuant to an
option provided in the contract or a modification of the contract.
The total contract period as extended may not exceed 10 years
unless such head of an agency determines in writing that
exceptional circumstances necessitate a longer contract period.
(g) Inapplicability to Contracts for Advisory and Assistance
Services. - Except as otherwise specifically provided in section
2304b of this title, this section does not apply to a task or
delivery order contract for the procurement of advisory and
assistance services (as defined in section 1105(g) of title 31).
(h) Relationship to Other Contracting Authority. - Nothing in
this section may be construed to limit or expand any authority of
the head of an 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.
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