Page:United States Statutes at Large Volume 108 Part 4.djvu/627

 PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3261 "(E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or "(F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies.. (b) PROHIBITION ON USE OF CLASSES OF PURCHASES OR CON- TRACTS.—Section 303(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(b)) is amended by adding at the end the following: "(4) A determination under paragraph (1) may not be made for a class of purchases or contracts.". SEC. 1053. CLARIFICA'»^oN OF APPROVAL AUTHORITY FOR USE OF PROCisDURES OTHER THAN FULL AND OPEN COMPETI- TION. Section 303(£)(l)(B)(i) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(£)(l)(B)(i)) is amended by inserting before the semicolon at the end the following: "or by an ofGcisJ referred to in clause (ii), (iii), or (iv)". SEC. 1054. TASK AND DELIVERY ORDER CONTRACTS. (a) AUTHORITY. — Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.) is amended by inserting after section 303G the following new sections: "SEC. 303H. TASK AND DELIVERY ORDER CONTRACTS: GENERAL AU- 41 USC 253h. THORTTY. "(a) AUTHORITY TO AWARD.—Subject to the requirements of this section, section 303J, and other applicable law, the head of an executive agency may enter into a task or delivery order contract (as defined in section 303K) for procurement of services or property. "(b) SOLICITATION.—The solicitation for a task or delivery order contract shall include the following: "(1) The period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option, if any. "(2) The maximum quantity or dollar value of the services or property to be procured under the contract. "(3) A statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract. "(c) APPLICABILITY OF RESTRICTION ON USE OF NONCOMPETITIVE PROCEDURES. —The head of an executive agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if an exception in subsection (c) of section 303 apphes to the contract ana the use of such procedures is approved in accordance with subsection (f) of such section. "(d) SINGLE AND MULTIPLE CONTRACT AWARDS. —(1) The head of an executive agency may exercise the authority provided in this section— "(A) to award a single task or delivery order contract; or "(B) if the solicitation states that the head of the executive agency has the option to do so, to award separate task or

�