Federal · Title 41 — Public Contracts

41 U.S.C. § 2310: Performance-based contracts or task orders for services to be treated as contracts for the procurement of commercial items

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the value of the contract or task order is estimated not to exceed $25,000,000; defines the task in measurable, mission-related terms; identifies the specific end products or output to be achieved; and contains firm, fixed prices for specific tasks to be performed or outcomes to be achieved; and the source of the services provides similar services to the general public under terms and conditions similar to those offered to the Federal Government. 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. 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. The authority under this section expires 10 years after November 24, 2003 .

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