Page:United States Statutes at Large Volume 124.djvu/3809

 124 STAT. 3783 PUBLIC LAW 111–350—JAN. 4, 2011 (1) a notice of the task or delivery order that includes a clear statement of the executive agency’s requirements; (2) a reasonable period of time to provide a proposal in response to the notice; (3) 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 impor- tance; (4)inthecaseofanawardthatistobemadeonabest value basis, a written statement documenting— (A) the basis for the award; and (B) the relative importance of quality and price or cost factors; and (5) an opportunity for a post-award debriefing consistent with the requirements of section 3704 of this title. (e) STATEMENT OF WORK.—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. (f) PROTESTS.— (1) PROTEST NOT AUTHORIZED.—A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for— (A) 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 (B) a protest of an order valued in excess of $10,000,000. (2) JURISDICTION OVER PROTESTS.—Notwithstanding section 3556 of title 31, the Comptroller General shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B). (3) EFFECTIVE PERIOD.—This subsection shall be in effect for three years, beginning on the date that is 120 days after January 28, 2008. (g) TASK AND DELIVERY ORDER OMBUDSMAN.— (1) APPOINTMENT OR DESIGNATION AND RESPONSIBILITIES.— 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 com- plaints 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). (2) WHO IS ELIGIBLE.—The task and delivery order ombuds- man shall be a senior agency official who is independent of the contracting officer for the contracts and may be the execu- tive agency’s advocate for competition. CHAPTER 43—ALLOWABLE COSTS Sec. 4301. Definitions. 4302. Adjustment of threshold amount of covered contract. 4303. Effect of submission of unallowable costs. 4304. Specific costs not allowable. 4305. Required regulations. 4306. Applicability of regulations to subcontractors. 4307. Contractor certification. 4308. Penalties for submission of cost known to be unallowable. 4309. Burden of proof on contractor. 4310. Proceeding costs not allowable.