§2310 Performance-based contracts or task orders for services to be treated as contracts for the procurement of commercial items

Summary

Lets an executive agency treat a performance-based services contract or task order as a commercial-item purchase if three rules are met: the contract or task order is estimated at $25,000,000 or less; each task is listed and, for each task, the agency sets clear, measurable mission-related goals, identifies the exact end products or outputs, and sets fixed, non-changing prices for the tasks or outcomes; and the service provider sells similar services to the general public under similar terms. Agencies must keep reliable data showing which contracts used this authority, using the Federal Procurement Data System or another reporting system. The Director of the Office of Management and Budget had to send a report on use of the authority to the Senate Committees on Homeland Security and Governmental Affairs and on Armed Services and to the House Committees on Oversight and Government Reform and on Armed Services not later than 2 years after November 24, 2003. The authority expired 10 years after November 24, 2003.