Page:United States Statutes at Large Volume 124.djvu/3805

 124 STAT. 3779 PUBLIC LAW 111–350—JAN. 4, 2011 (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 delivery order contracts for the same or similar services or property to 2 or more sources. (2) DETERMINATION NOT REQUIRED.—No determination under section 3303 of this title is required for an award of multiple task or delivery order contracts under paragraph (1)(B). (3) SINGLE SOURCE AWARD FOR TASK OR DELIVERY ORDER CONTRACTS EXCEEDING $100,000,000.— (A) WHEN SINGLE AWARDS ARE ALLOWED.—No task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source unless the head of the executive agency determines in writing that— (i) the task or delivery orders expected under the contract are so integrally related that only a single source can reasonably perform the work; (ii) the contract provides only for firm, fixed price task orders or delivery orders for— (I) products for which unit prices are established in the contract; or (II) services for which prices are established in the contract for the specific tasks to be performed; (iii) only one source is qualified and capable of per- forming the work at a reasonable price to the Federal Government; or (iv) because of exceptional circumstances, it is nec- essary in the public interest to award the contract to a single source. (B) NOTIFICATION OF CONGRESS.—The head of the execu- tive agency shall notify Congress within 30 days after any determination under subparagraph (A)(iv). (4) REGULATIONS.—Regulations implementing this subsection shall establish— (A) a preference for awarding, to the maximum extent practicable, multiple task or delivery order contracts for the same or similar services or property under paragraph (1)(B); and (B) criteria for determining when award of multiple task or delivery order contracts would not be in the best interest of the Federal Government. (e) CONTRACT MODIFICATIONS.—A task or delivery order may not increase the scope, period, or maximum value of the task or delivery order contract under which the order is issued. The scope, period, or maximum value of the contract may be increased only by modification of the contract. (f) INAPPLICABILITY TO CONTRACTS FOR ADVISORY AND ASSISTANCE SERVICES.—Except as otherwise specifically provided in section 4105 of this title, this section does not apply to a task or delivery order contract for the acquisition of advisory and assistance services (as defined in section 1105(g) of title 31). (g) RELATIONSHIP TO OTHER CONTRACTING AUTHORITY.—Nothing in this section may be construed to limit or expand any authority of the head of an executive agency or the Administrator of General Services to enter into schedule, multiple award, or task or delivery order contracts under any other provision of law.