
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2304c]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2304c. Task and delivery order contracts: orders

    (a) Issuance of Orders.--The following actions are not required for 
issuance of a task or delivery order under a task or delivery order 
contract:
        (1) A separate notice for such order under section 18 of the 
    Office of Federal Procurement Policy Act (41 U.S.C. 416) or section 
    8(e) of the Small Business Act (15 U.S.C. 637(e)).
        (2) Except as provided in subsection (b), a competition (or a 
    waiver of competition approved in accordance with section 2304(f) of 
    this title) that is separate from that used for entering into the 
    contract.

    (b) Multiple Award Contracts.--When multiple task or delivery order 
contracts are awarded under section 2304a(d)(1)(B) or 2304b(e) of this 
title, all contractors awarded such contracts shall be provided a fair 
opportunity to be considered, pursuant to procedures set forth in the 
contracts, for each task or delivery order in excess of $2,500 that is 
to be issued under any of the contracts unless--
        (1) the agency's need for the services or property ordered is of 
    such unusual urgency that providing such opportunity to all such 
    contractors would result in unacceptable delays in fulfilling that 
    need;
        (2) only one such contractor is capable of providing the 
    services or property required at the level of quality required 
    because the services or property ordered are unique or highly 
    specialized;
        (3) the task or delivery order should be issued on a sole-source 
    basis in the interest of economy and efficiency because it is a 
    logical follow-on to a task or delivery order already issued on a 
    competitive basis; or
        (4) it is necessary to place the order with a particular 
    contractor in order to satisfy a minimum guarantee.

    (c) Statement of Work.--A task or delivery order shall include a 
statement of work that clearly specifies all tasks to be performed or 
property to be delivered under the order.
    (d) Protests.--A protest is not authorized in connection with the 
issuance or proposed issuance of a task or delivery order except for a 
protest on the ground that the order increases the scope, period, or 
maximum value of the contract under which the order is issued.
    (e) Task and Delivery Order Ombudsman.--Each head of an agency who 
awards multiple task or delivery order contracts pursuant to section 
2304a(d)(1)(B) or 2304b(e) of this title shall appoint or designate a 
task and delivery order ombudsman who shall be responsible for reviewing 
complaints from the contractors on such contracts and ensuring that all 
of the contractors are afforded a fair opportunity to be considered for 
task or delivery orders when required under subsection (b). The task and 
delivery order ombudsman shall be a senior agency official who is 
independent of the contracting officer for the contracts and may be the 
agency's competition advocate.
    (f) Applicability.--This section applies to task and delivery order 
contracts entered into under sections 2304a and 2304b of this title.

(Added Pub. L. 103-355, title I, Sec. 1004(a)(1), Oct. 13, 1994, 108 
Stat. 3252.)


                             Effective Date

    For effective date and applicability of section, see section 10001 
of Pub. L. 103-355, set out as an Effective Date of 1994 Amendment note 
under section 251 of Title 41, Public Contracts.


               Provisions Not Affected by Pub. L. 103-355

    This section not to be construed as modifying or superseding, or as 
intended to impair or restrict, authorities or responsibilities under 
former section 759 of Title 40, Public Buildings, Property, and Works, 
or subchapter VI (Sec. 541 et seq.) of chapter 10 of Title 40, see 
section 1004(d) of Pub. L. 103-355, set out as a note under section 
2304a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2304a, 2304b, 2304d of this 
title.
