§ 253j. 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:
(b)
Multiple award contracts
When multiple contracts are awarded under section
253h
(d)(1)(B) or
253i
(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 executive 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;
(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)
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 (b) 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;
(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;
(e)
Protests
(1)
A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for—
(f)
Task and delivery order ombudsman
The head of each executive agency who awards multiple task or delivery order contracts pursuant to section
253h
(d)(1)(B) or
253i
(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) of this section. 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 competition advocate.