§4103 General Authority

Summary

An agency head may use a task or delivery order contract to buy services or property, as long as they follow this section, section 4106, and other law. The contract notice must show how long the contract lasts (including any extension options and their lengths), the maximum quantity or dollar value to be bought, and a plain description of the work, its scope, and its purpose. The agency can use noncompetitive procedures only if the exception in section 3304(a) applies and the use is approved under section 3304(e). The agency can award one contract or, if the solicitation allows, separate contracts to two or more sources. No section 3303 decision is needed when awarding multiple contracts. A contract estimated to exceed $100,000,000 (including options) cannot go to a single source unless the agency head writes that one of these is true: the orders are so closely related only one source can do them; the contract uses only firm, fixed prices with unit or set task prices; only one source is qualified and reasonably priced; or exceptional public interest requires it. If the exceptional-interest reason is used, Congress must be notified within 30 days. Rules must favor multiple awards when possible and explain when that is not best for the government. A task or delivery order cannot change the contract’s scope, time, or maximum value; only a contract modification can do that. This section does not apply to advisory and assistance services as defined in section 1105(g) of title 31, except as section 4105 provides, and it does not change other legal authority to use schedules, multiple-award, or task/delivery order contracts.