§4104 — Title 41 Public Contracts | U.S. Code

Summary

Require the Federal Acquisition Regulation to give agencies clear guidance on when and how to use task and delivery order contracts under this chapter and chapter 245 of title 10. The rules must at least cover two things: proper use of Government‑wide and other multiagency contracts, and the steps agencies must follow when they set up and run multiple award task and delivery order contracts so they meet three specific requirements: section 11312 of title 40 about capital planning for IT purchases; sections 4106(c) of this title and 3406(c) of title 10 to make sure all contractors get a fair chance for orders; and sections 4106(e) of this title and 3406(e) of title 10 requiring a clear statement of work for each order. The Administrator for Federal Procurement Policy must consult with the GSA Administrator to review how well the GSA multiple award schedule program (the Federal Supply Schedules) works. The review must check how GSA runs the program and how federal agencies use and place orders from those schedules.

Title 41, §4104

Public Contracts — Source: USLM XML via OLRC

(a)The Federal Acquisition Regulation issued in accordance with section 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.

(b)The regulations issued pursuant to subsection (a) at a minimum shall provide specific guidance on—

(1)the appropriate use of Government-wide and other multiagency contracts entered into in accordance with this chapter and chapter 245 of title 10; and

(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.

(c)The Administrator for Federal Procurement Policy shall consult with the Administrator of General Services to assess the effectiveness of the multiple awards schedule program of the General Services Administration referred to in section 152(3) of this title that is administered as the Federal Supply Schedules program. The assessment shall include examination of—

(1)the administration of the program by the Administrator of General Services; and

(2)the ordering and program practices followed by Federal customer agencies in using schedules established under the program.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 410441:253h note.Pub. L. 106–65, div. A, title VIII, § 804, Oct. 5, 1999, 113 Stat. 704. In this section, the text of section 804(d) of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106–65, 41:253h note) is omitted as obsolete. In subsection (a), the words “Not later than 180 days after the date of the enactment of this Act” and “be revised to” are omitted as obsolete. In subsection (b)(1), the words “this chapter and sections 2304a to 2304d of title 10” are substituted for “the provisions of law referred to in that subsection” for clarity.

Editorial Notes

Amendments

2021—Subsecs. (a), (b)(1). Pub. L. 117–81, § 1702(h)(14)(A), (B)(i), substituted “chapter 245” for “sections 2304a to 2304d”. Subsec. (b)(2)(B). Pub. L. 117–81, § 1702(h)(14)(B)(ii), substituted “section 3406(c)” for “section 2304c(b)”. Subsec. (b)(2)(C). Pub. L. 117–81, § 1702(h)(14)(B)(iii), substituted “section 3406(e)” for “section 2304c(c)”.

§4104 Guidance on use of task and delivery order contracts