41 U.S.C. § 4106: Orders

This section applies to task and delivery order contracts entered into under sections 4103 and 4105 of this title. A separate notice for the order under section 1708 of this title or section 8(e) of the Small Business Act ( 15 U.S.C. 637(e) ). Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with section 3304(e) of this title ) that is separate from that used for entering into the contract. 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; 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; 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 it is necessary to place the order with a particular contractor to satisfy a minimum guarantee. a notice of the task or delivery order that includes a clear statement of the executive agency’s requirements; a reasonable period of time to provide a proposal in response to the notice; 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; the basis for the award; and the relative importance of quality and price or cost factors; and an opportunity for a post-award debriefing consistent with the requirements of section 3704 of this title . 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. 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 a protest of an order valued in excess of $10,000,000. Notwithstanding section 3556 of title 31 , the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B). 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). 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.