(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 Governmental 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 or task orders treated as contracts for commercial items using the authority of this section. The report shall include data on the use of the authority, both government-wide and for each department and agency.
(d) Expiration.— The authority under this section expires 10 years after November 24, 2003.
Pub. L. 93–400, § 41, as added Pub. L. 108–136, title XIV, § 1431(a), Nov. 24, 2003, 117 Stat. 1671.
In subsection (c), the words “Committees on Homeland Security and Governmental Affairs” are substituted for “Committees on Governmental Affairs” on authority of Senate Resolution No. 445 (108th Congress, October 9, 2004). The words “Committees on Oversight and Government Reform” are substituted for “Committees on Government Reform” on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
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