Page:United States Statutes at Large Volume 124.djvu/3764

 124 STAT. 3738 PUBLIC LAW 111–350—JAN. 4, 2011 (2) to the maximum extent practicable, a contract for an increment of an information technology acquisition should be awarded within 180 days after the solicitation is issued and, if the contract for that increment cannot be awarded within that period, the increment should be considered for cancellation; and (3) the information technology provided for in a contract for acquisition of information technology should be delivered within 18 months after the solicitation resulting in award of the contract was issued. § 2309. Protection of constitutional rights of contractors (a) PROHIBITION ON REQUIRING WAIVER OF RIGHTS.—A contractor may not be required, as a condition for entering into a contract with the Federal Government, to waive a right under the Constitu- tion for a purpose relating to the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6701 et seq.) or the Chemical Weapons Convention (as defined in section 3 of that Act (22 U.S.C. 6701)). (b) PERMISSIBLE CONTRACT CLAUSES.—Subsection (a) does not prohibit an executive agency from including in a contract a clause that requires the contractor to permit inspections to ensure that the contractor is performing the contract in accordance with the provisions of the contract. § 2310. Performance-based contracts or task orders for serv- ices to be treated as contracts for the procure- ment of commercial items (a) CRITERIA.—A performance-based contract for the procurement of services entered into by an executive agency or a performance- based task order for services issued by an executive agency may be treated as a contract for the procurement of commercial items if— (1) the value of the contract or task order is estimated not to exceed $25,000,000; (2) the contract or task order sets forth specifically each task to be performed and, for each task— (A) defines the task in measurable, mission-related terms; (B) identifies the specific end products or output to be achieved; and (C) contains firm, fixed prices for specific tasks to be performed or outcomes to be achieved; and (3) the source of the services provides similar services to the general public under terms and conditions similar to those offered to the Federal Government. (b) REGULATIONS.—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. (c) REPORT.—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 Govern- mental 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