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ment to provide all contractors a fair opportunity to be considered under 
subsection (c) is not met unless all such contractors are provided, at a min-
imum— 
(1) a notice of the task or delivery order that includes a clear state-
ment 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 importance; 
(4) in the case of an award that is to be made on a best 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 prop-
erty to be delivered under the order. 
(f) PROTESTS.— 
(1) PROTEST NOT AUTHORIZED.—A protest is not authorized in con-
nection 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 complaints from the contractors on 
those contracts and ensuring that all of the contractors are afforded 
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a fair opportunity to be considered for task or delivery orders when re-
quired under subsection (c). 
(2) WHO IS ELIGIBLE.—The task and delivery order ombudsman 
shall be a senior agency official who is independent of the contracting 
officer for the contracts and may be the executive 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. 
§ 4301. Definitions 
In this chapter: 
(1) COMPENSATION.—The term ‘‘compensation’’, for a fiscal year, 
means the total amount of wages, salary, bonuses, and deferred com-
pensation for the fiscal year, whether paid, earned, or otherwise accru-
ing, as recorded in an employer’s cost accounting records for the fiscal 
year. 
(2) COVERED CONTRACT.—The term ‘‘covered contract’’ means a 
contract for an amount in excess of $500,000 that is entered into by 
an executive agency, except that the term does not include a fixed-price 
contract without cost incentives or any firm fixed-price contract for the 
purchase of commercial items. 
(3) FISCAL YEAR.—The term ‘‘fiscal year’’ means a fiscal year estab-
lished by a contractor for accounting purposes. 
(4) SENIOR EXECUTIVE.—The term ‘‘senior executive’’, with respect 
to a contractor, means the 5 most highly compensated employees in 
management positions at each home office and each segment of the 
contractor. 
§ 4302. Adjustment of threshold amount of covered contract 
Effective on October 1 of each year that is divisible by 5, the amount 
set forth in section 4301(2) of this title shall be adjusted to the equivalent 
amount in constant fiscal year 1994 dollars. An adjusted amount that is 
not evenly divisible by $50,000 shall be rounded to the nearest multiple of 
$50,000. If an amount is evenly divisible by $25,000 but is not evenly divis-
ible by $50,000, the amount shall be rounded to the next higher multiple 
of $50,000. 
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