---
kind: "section"
citation: "41 U.S.C. § 4103"
title: "41"
title_heading: "Public Contracts"
number: "4103"
heading: "General authority"
release: "119-102"
url: "https://uscodex.org/usc/41/4103"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division C — Procurement"
  - "Chapter 41 — Task and Delivery Order Contracts"
---

# §4103. General authority

- (a) **Authority To Award.—** Subject to the requirements of this section, [section 4106 of this title](/usc/41/4106.md), and other applicable law, the head of an [executive agency](/usc/41/3302.md?p=a-1) may enter into a task or [delivery order contract](/usc/41/4101.md?p=1) for [procurement](/usc/41/111.md) of services or property.
- (b) **Solicitation.—** The solicitation for a task or [delivery order contract](/usc/41/4101.md?p=1) shall include—
  - (1) the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option;
  - (2) the maximum quantity or dollar value of the services or property to be procured under the contract; and
  - (3) a statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract.
- (c) **Applicability of Restriction on Use of Noncompetitive Procedures.—** The head of an [executive agency](/usc/41/3302.md?p=a-1) may use procedures other than competitive procedures to enter into a task or [delivery order contract](/usc/41/4101.md?p=1) under this section only if an exception in [section 3304(a) of this title](/usc/41/3304.md?p=a) applies to the contract and the use of those procedures is approved in accordance with [section 3304(e) of this title](/usc/41/3304.md?p=e).
- (d) **Single and Multiple Contract Awards.—**
  - (1) **Exercise of authority.—** The head of an [executive agency](/usc/41/3302.md?p=a-1) may exercise the authority provided in this section—
    - (A) to award a single task or [delivery order contract](/usc/41/4101.md?p=1); or
    - (B) if the solicitation states that the head of the [executive agency](/usc/41/3302.md?p=a-1) has the option to do so, to award separate task or [delivery order contracts](/usc/41/4101.md?p=1) 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](/usc/41/3303.md) is required for an award of multiple task or [delivery order contracts](/usc/41/4101.md?p=1) under [paragraph (1)(B)](#d-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](/usc/41/4101.md?p=1) 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](/usc/41/3302.md?p=a-1) 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 performing the work at a reasonable price to the Federal Government; or
      - (iv) because of exceptional circumstances, it is necessary in the public interest to award the contract to a single source.
    - (B) **Notification of Congress.—** The head of the [executive agency](/usc/41/3302.md?p=a-1) shall notify Congress within 30 days after any determination under [subparagraph (A)(iv)](#d-3-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](/usc/41/4101.md?p=1) for the same or similar services or property under [paragraph (1)(B)](#d-1-B); and
    - (B) criteria for determining when award of multiple task or [delivery order contracts](/usc/41/4101.md?p=1) 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](/usc/41/4101.md?p=1) 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](/usc/41/4105.md), this section does not apply to a task or [delivery order contract](/usc/41/4101.md?p=1) for the acquisition of advisory and assistance services (as defined in [section 1105(g) of title 31](/usc/31/1105.md?p=g)).
- (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](/usc/41/3302.md?p=a-1) or the [Administrator](/usc/41/101.md) of General Services to enter into schedule, multiple award, or task or [delivery order contracts](/usc/41/4101.md?p=1) under any other provision of law.

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3778.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 4103 | 41:253h. | June 30, 1949, ch. 288, title III, § 303H, as added Pub. L. 103–355, title I, § 1054(a), Oct. 13, 1994, 108 Stat. 3261; Pub. L. 110–181, title VIII, § 843(b)(1), Jan. 28, 2008, 122 Stat. 238. |

In subsection (a), the words “(as defined in section 253k of this title)” are omitted as unnecessary.