PUBLIC LAW 108–136—NOV. 24, 2003
117 STAT. 1671
if telecommuting is permitted and documents in writing the basis for that determination. (c) DEFINITION.—In this section, the term ‘‘executive agency’’ has the meaning given that term in section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1)).
Subtitle C—Acquisitions of Commercial Items SEC. 1431. ADDITIONAL INCENTIVE FOR USE OF PERFORMANCE-BASED CONTRACTING FOR SERVICES.
(a) IN GENERAL.—The Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.) is amended by adding at the end the following new section: ‘‘SEC. 41. INCENTIVES FOR EFFICIENT PERFORMANCE OF SERVICES CONTRACTS.
‘‘(a) INCENTIVE FOR USE OF PERFORMANCE-BASED SERVICES CONTRACTS.—A performance-based contract for the procurement of services entered into by an executive agency or a performancebased 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.—The 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 two years after the date of the enactment of this section, the Director of the Office of Management and Budget shall prepare and submit to the Committees on Governmental Affairs and on Armed Services of the Senate and the Committees on Government Reform and on Armed Services of the House of Representatives a report on the contracts or task orders treated as contracts for commercial items using the authority of this section. The report shall include data on the use of such authority both government-wide and for each department and agency. ‘‘(d) EXPIRATION.—The authority under this section shall expire 10 years after the date of the enactment of this section.’’. (b) CENTER OF EXCELLENCE IN SERVICE CONTRACTING.—Not later than 180 days after the date of the enactment of this Act,
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41 USC 437.
Deadline. 41 USC 405 note.