section 3304(e) of this title Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with ) that is separate from that used for entering into the contract.
(c)
Multiple Award Contracts .—
section 1902 of this titleWhen multiple contracts are awarded under section 4103(d)(1)(B) or 4105(f) of this title, all contractors awarded the 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 the micro-purchase threshold under that is to be issued under any of the contracts, unless—
(1)
the executive agency’s need for the services or property ordered is of such unusual urgency that providing the opportunity to all of those contractors would result in unacceptable delays in fulfilling that need;
(2)
only one of those contractors 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 to satisfy a minimum guarantee.
(d)
Enhanced Competition for Orders in Excess of $5,000,000.—
In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (c) is not met unless all such contractors are provided, at a minimum—
(1)
a notice of the task or delivery order that includes a clear statement of the executive agency’s requirements;
(2)
a reasonable period of time to provide a proposal in response to the notice;
(3)
disclosure of the significant factors and subfactors, including cost or price, that the executive agency expects to consider in evaluating such proposals, and their relative importance;
(4)
in the case of an award that is to be made on a best value basis, a written statement documenting—
(A)
the basis for the award; and
(B)
the relative importance of quality and price or cost factors; and
(5)
section 3704 of this title an opportunity for a post-award debriefing consistent with the requirements of .
(e)
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.
(f)
Protests.—
(1)
Protest not authorized .—
A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for—
(A)
a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; or
(B)
a protest of an order valued in excess of $10,000,000.
(2)
Jurisdiction over protests .—
section 3556 of title 31Notwithstanding , the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B).
(g)
Task and Delivery Order Ombudsman.—
(1)
Appointment or designation and responsibilities .—
The head of each executive agency who awards multiple task or delivery order contracts under section 4103(d)(1)(B) or 4105(f) of this title shall appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors on those 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 (c).
(2)
Who is eligible .—
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 executive agency’s advocate for competition.
In subsection (g)(2), the words “advocate for competition” are substituted for “competition advocate” for consistency with section 1705 of the revised title.
Pub. L. 114–260Pub. L. 114–3282016—Subsec. (f)(3). and amended subsec. (f) identically by striking out par. (3). Text read as follows: “Paragraph (1)(B) and paragraph (2) of this subsection shall not be in effect after .”
Pub. L. 112–812011—Subsec. (f)(3). amended par. (3) generally. Prior to amendment, text read as follows: “This subsection shall be in effect for three years, beginning on the date that is 120 days after .”
Statutory Notes and Related Subsidiaries
Postaward Explanations for Unsuccessful Offerors for Certain Contracts
section 134 of title 41“Not later than 180 days after the date of the enactment of this Act [], the Federal Acquisition Regulation shall be revised to require that with respect to an offer for a task order or delivery order in an amount greater than the simplified acquisition threshold (as defined in , United States Code) and less than or equal to $5,500,000 issued under an indefinite delivery-indefinite quantity contract, the contracting officer for such contract shall, upon written request from an unsuccessful offeror, provide a brief explanation as to why such offeror was unsuccessful that includes a summary of the rationale for the award and an evaluation of the significant weak or deficient factors in the offeror’s offer.”