§2310 — Title 41 Public Contracts | U.S. Code

Summary

Federal agencies may treat a performance-based services contract or task order as a commercial-item contract when three things are true: the total value is estimated at $25,000,000 or less; the contract lists each task and, for each one, gives a measurable mission-related description, names the specific output or end product, and sets firm, fixed prices for the task or outcome; and the provider sells similar services to the public under terms like those offered to the government. Agencies must collect and keep reliable data on contracts treated this way (they can use the Federal Procurement Data System). The Director of OMB had to send a report with government-wide and agency-level data to specified Senate and House committees within 2 years after November 24, 2003. The authority to do this expired 10 years after November 24, 2003.

Title 41, §2310

Public Contracts — Source: USLM XML via OLRC

(a)A performance-based contract for the procurement of services entered into by an executive agency or a performance-based task order for services issued by an executive agency may be treated as a contract for the procurement of commercial items if—

(1)the value of the contract or task order is estimated not to exceed $25,000,000;

(2)the contract or task order sets forth specifically each task to be performed and, for each task—

(A)defines the task in measurable, mission-related terms;

(B)identifies the specific end products or output to be achieved; and

(C)contains firm, fixed prices for specific tasks to be performed or outcomes to be achieved; and

(3)the source of the services provides similar services to the general public under terms and conditions similar to those offered to the Federal Government.

(b)Regulations implementing this section shall require agencies to collect and maintain reliable data sufficient to identify the contracts or task orders treated as contracts for commercial items using the authority of this section. The data may be collected using the Federal Procurement Data System or other reporting mechanism.

(c)Not later than 2 years after November 24, 2003, the Director of the Office of Management and Budget shall prepare and submit to the Committees on Homeland Security and Governmental Affairs and on Armed Services of the Senate and the Committees on Oversight and Government Reform and on Armed Services of the House of Representatives a report on the contracts or task orders treated as contracts for commercial items using the authority of this section. The report shall include data on the use of the authority, both government-wide and for each department and agency.

(d)The authority under this section expires 10 years after November 24, 2003.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 231041:437.Pub. L. 93–400, § 41, as added Pub. L. 108–136, title XIV, § 1431(a), Nov. 24, 2003, 117 Stat. 1671. In subsection (c), the words “Committees on Homeland Security and Governmental Affairs” are substituted for “Committees on Governmental Affairs” on authority of Senate Resolution No. 445 (108th Congress, October 9, 2004). The words “Committees on Oversight and Government Reform” are substituted for “Committees on Government Reform” on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

§2310 Performance-based Contracts or Task Orders for Services to Be Treated as Contracts for the Procurement of Commercial Items