§2308 — Title 41 Public Contracts | U.S. Code

Summary

When possible, agency heads should buy big IT systems using modular contracting. Modular contracting means getting the system in a series of compatible, standards-based pieces (called increments) so each piece works with the others. The Federal Acquisition Regulation must allow splitting a major IT purchase into smaller increments that are easier to manage, address hard problems step by step, deliver and test workable parts that do not depend on later parts, and let later increments use newer technology or changed needs. A contract for an increment should be awarded within 180 days after the solicitation is issued or be considered for cancellation. The IT bought under a contract must be delivered within 18 months after the solicitation that led to the award.

Title 41, §2308

Public Contracts — Source: USLM XML via OLRC

(a)To the maximum extent practicable, the head of an executive agency should use modular contracting for an acquisition of a major system of information technology.

(b)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)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 attaining 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 a 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 occurs during conduct of the earlier increments;

(2)to the maximum extent practicable, a contract for an increment of an information technology acquisition should be awarded within 180 days after the solicitation is issued and, if the contract for that increment cannot be awarded within that 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 solicitation resulting in award of the contract was issued.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 230841:434.Pub. L. 93–400, § 38, formerly § 35, as added Pub. L. 104–106, title LII, § 5202(a), Feb. 10, 1996, 110 Stat. 690; renumbered § 38, Pub. L. 104–201, title X, § 1074(d)(1), Sept. 23, 1996, 110 Stat. 2660.

§2308 Modular Contracting for Information Technology

Summary

Title 41, §2308

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata