§4101. Definitions — Inbound Citations
41 U.S.C. § 4101
Cited by 34 provisions in release 119-102.
Citations to 41 U.S.C. § 4101 as a whole
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(a) An order issued under a task order contract or a delivery order contract (as such terms are defined in section 4101 of title 41) entered into by the Librarian of Congress may not increase the scope, period, or maximum value of the 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.
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(j) Section 6101 of this title does not apply to a procurement made against an order placed under a task order contract or a delivery order contract (as such terms are defined in section 4101 of this title) entered into by the Librarian of Congress.
Citations to §4101(1)
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(D) the procurement is made against an order placed under a requirements contract, a task order contract, or a delivery order contract;
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(a) Subject to the requirements of this section, section 4106 of this title, and other applicable law, the head of an executive agency may enter into a task or delivery order contract for procurement of services or property.
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(b) 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 extended 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 procured under the contract.
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(c) 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 applies to the contract and the use of those procedures is approved in accordance with section 3304(e) of this title.
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(A) to award a single task or delivery order contract; or
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(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.
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(2) No determination under section 3303 of this title is required for an award of multiple task or delivery order contracts under paragraph (1)(B).
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(A) No task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source unless the head of the executive agency determines in writing that—(i) the task or delivery orders expected under the contract are so integrally related that only a single source can reasonably perform the work;(ii) the contract provides only for firm, fixed price task orders or delivery orders for—(I) products for which unit prices are established in the contract; or(II) services for which prices are established in the contract for the specific tasks to be performed;(iii) only one source is qualified and capable of performing the work at a reasonable price to the Federal Government; or(iv) because of exceptional circumstances, it is necessary in the public interest to award the contract to a single source.
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(A) a preference for awarding, to the maximum extent practicable, multiple task or delivery order contracts for the same or similar services or property under paragraph (1)(B); and
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(B) criteria for determining when award of multiple task or delivery order contracts would not be in the best interest of the Federal Government.
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(e) 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.
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(f) Except as otherwise specifically provided in section 4105 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).
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(g) 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.
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(a) The Federal Acquisition Regulation issued in accordance with sections 1121(b) and 1303(a)(1) of this title shall provide guidance to agencies on the appropriate use of task and delivery order contracts in accordance with this chapter and chapter 245 of title 10.
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(2) steps that agencies should take in entering into and administering multiple award task and delivery order contracts to ensure compliance with the requirement in—(A) section 11312 of title 40 for capital planning and investment control in purchases of information technology products and services;(B) section 4106(c) of this title and section 3406(c) of title 10 to ensure that all contractors are afforded a fair opportunity to be considered for the award of task and delivery orders; and(C) section 4106(e) of this title and section 3406(e) of title 10 for a statement of work in each task or delivery order issued that clearly specifies all tasks to be performed or property to be delivered under the order.
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(a) This section applies to task and delivery order contracts entered into under sections 4103 and 4105 of this title.
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(b) 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 the order under section 1708 of this title or section 8(e) of the Small Business Act (15 U.S.C. 637(e)).(2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with section 3304(e) of this title) that is separate from that used for entering into the contract.
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(1) The head of each executive agency who awards multiple task or delivery order contracts under section 4103(d)(1)(B) or 4105(f) of this title shall appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors on those 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 (c).
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(B) the consideration of proposals for and issuance of a task or delivery order for a covered article, as provided in section 4106(d)(3) of this title, where the task or delivery order contract includes a contract clause establishing a requirement relating to a supply chain risk;
Citations to §4101(2)
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(D) the procurement is made against an order placed under a requirements contract, a task order contract, or a delivery order contract;
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(B) a multiple award task order contract that is entered into under the authority of chapter 245 of title 10 or chapter 41 of this title; and
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(1) Subject to the requirements of this section, section 4106 of this title, and other applicable law, the head of an executive agency may enter into a task order contract for procurement of advisory and assistance services.
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(2) The head of an executive agency may enter into a task order contract for advisory and assistance services only under this section.
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(c) The period of a task order contract entered into under this section, including all periods of extensions of the contract under options, modifications, or otherwise, may not exceed 5 years unless a longer period is specifically authorized in a law that is applicable to the contract.
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(d) The notice required by section 1708 of this title and section 8(e) of the Small Business Act (15 U.S.C. 637(e)) shall reasonably and fairly describe the general scope, magnitude, and duration of the proposed task order contract in a manner that would reasonably enable a potential offeror to decide whether to request the solicitation and consider submitting an offer.
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(2) A task order contract entered into under this section shall contain the same information that is required by paragraph (1) to be included in the solicitation of offers for that contract.
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(1) On the basis of one solicitation, the head of an executive agency may award separate task order contracts under this section for the same or similar services to 2 or more sources if the solicitation states that the head of the executive agency has the option to do so.
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(2) In the case of a task order contract for advisory and assistance services to be entered into under this section, if the contract period is to exceed 3 years and the contract amount is estimated to exceed $10,000,000 (including all options), the solicitation shall—(A) provide for a multiple award authorized under paragraph (1); and(B) include a statement that the head of the executive agency may also elect to award only one task order contract if the head of the executive agency determines in writing that only one of the offerors is capable of providing the services required at the level of quality required.
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(B) include a statement that the head of the executive agency may also elect to award only one task order contract if the head of the executive agency determines in writing that only one of the offerors is capable of providing the services required at the level of quality required.
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(1) A task order may not increase the scope, period, or maximum value of the task 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.
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(2) A task order contract may be extended under paragraph (1) only once and only in accordance with the limitations and requirements of this subsection.