Page:United States Statutes at Large Volume 108 Part 4.djvu/619

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PUBLIC LAW 103-355—OCT. 13, 1994 108 STAT. 3253 because the services or property ordered are unique or highly specialized; "(3) the task or delivery order should be issued on a solesource 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 "(4) it is necessary to place the order with a particular contractor in order to satisfy a minimum guarantee. "(c) 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. "(d) PROTESTS. —^A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued. "(e) TASK AND DELIVERY ORDER OMBUDSMAN.—Each head of an agency who awards multiple task or delivery order contracts pursuant to section 2304a(d)(l)(B) or 2304b(e) of this title shall appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors on such 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 (b). The task and delivery order ombudsman shall be a senior agency official who is indepenaent of the contracting officer for the contracts and may be the agency's competition advocate. "(f) APPLICABILITY. — This section applies to task and delivery order contracts entered into under sections 2304a and 2304b of this title. ^§ 2304d. Task and delivery order contracts: definitions "In sections 2304a, 2304b, and 2304c of this title: "(1) The term 'task order contract' means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract. "(2) The term 'delivery order contract' means a contract for property that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of property during the period of the contract.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2304 the following new items: "23048. Task and delivery order contracts: general authority. 2304b. Task order contracts: advisory and assistance services. 2304c. Task and delivery order contracts: orders. 2304d. Task and delivery order contracts: definitions.". (b) REPEAL OF SUPERSEDED PROVISION.— Section 2304 of title 10, United States Code, is amended by striking out subsection (J). (c) CONFORMING AMENDMENT FOR PROFESSIONAL AND TECH- NICAL SERVICES.—Section 2331 of title 10, United States Code, is amended by striking out subsection (c). (d) PROVISIONS NOT AFFECTED.— Nothing in section 2304a, ioUSC 2304a 2304b, 2304c, or 2304d of title 10, United States Code, as added "o*®