10 U.S.C. § 3403 | Task and delivery order contracts: general authority

(a)

Authority To Award .—

section 3406 of this title section 3401 of this titleSubject to the requirements of this section, , and other applicable law, the head of an agency may enter into a task or delivery order contract (as defined in ) for procurement of services or property.

(b)

Solicitation .—

The solicitation for a task or delivery order contract shall include the following:

(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, if any.

(2)

The maximum quantity or dollar value of the services or property to be procured under the contract.

(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 agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if—

(1)

section 3204 of this title an exception in subsection (a) of applies to the contract; and

(2)

the use of such procedures is approved in accordance with subsection (e) of such section.

(d)

Single and Multiple Contract Awards.—

(1)

Exercise of authority .—

The head of an agency may exercise the authority provided in this section—

(A)

to award a single task or delivery order contract; or

(B)

if the solicitation states that the head of the agency has the option to do so, to award separate task or delivery order contracts for the same or similar services or property to two or more sources.

(2)

Determination not required .—

section 3203 of this titleNo determination under is required for award of multiple task or delivery order contracts under paragraph (1)(B).

(3)

When Single Source Awards for Task or Delivery Order Contracts ExceedingAre Allowed $100,000,000 .—

(A)

Except as provided under subparagraph (B), no task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source unless the head of the agency determines in writing that—

(i)

the task or delivery orders expected under the contract are so integrally related that only a single source can efficiently 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 government; or

(iv)

because of exceptional circumstances, it is necessary in the public interest to award the contract to a single source.

(B)

section 3204(a) of this title A task or delivery order contract in an amount estimated to exceed $100,000,000 (including all options) may be awarded to a single source without the written determination otherwise required under subparagraph (A) if the head of the agency has made a written determination pursuant to that procedures other than competitive procedures may be used for the awarding of such contract.

(4)

Regulations .—

The regulations implementing this subsection shall—

(A)

establish a preference for awarding, to the maximum extent practicable, multiple task or delivery order contracts for the same or similar services or property under the authority of paragraph (1)(B); and

(B)

establish criteria for determining when award of multiple task or delivery order contracts 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 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)

Contract Period .—

The head of an agency entering into a task or delivery order contract under this section may provide for the contract to cover any period up to five years and may extend the contract period for one or more successive periods pursuant to an option provided in the contract or a modification of the contract. The total contract period as extended may not exceed 10 years unless such head of an agency determines in writing that exceptional circumstances necessitate a longer contract period.

(g)

Inapplicability to Contracts for Advisory and Assistance Services .—

section 3405 of this title section 1105(g) of title 31Except as otherwise specifically provided in , this section does not apply to a task or delivery order contract for the procurement of advisory and assistance services (as defined in ).

(h)

Relationship to Other Contracting Authority .—

Nothing in this section may be construed to limit or expand any authority of the head of an agency or the Administrator of General Services to enter into schedule, multiple award, or task or delivery order contracts under any other provision of law.

Pub. L. 103–355, title I, § 1004(a)(1)Oct. 13, 1994108 Stat. 3249 Pub. L. 108–136, div. A, title VIII, § 843(b)Nov. 24, 2003117 Stat. 1553 Pub. L. 108–375, div. A, title VIII, § 813(a)Oct. 28, 2004118 Stat. 2014 Pub. L. 110–181, div. A, title VIII, § 843(a)(1)Jan. 28, 2008122 Stat. 236 Pub. L. 111–84, div. A, title VIII, § 814(a)Oct. 28, 2009123 Stat. 2407 Pub. L. 112–81, div. A, title VIII, § 809(b)Dec. 31, 2011125 Stat. 1490 Pub. L. 115–232, div. A, title VIII, § 816Aug. 13, 2018132 Stat. 1852 Pub. L. 116–92, div. A, title VIII, § 816Dec. 20, 2019133 Stat. 1487 Pub. L. 116–283, div. A, title XVIII, § 1820(c)Jan. 1, 2021134 Stat. 4191 Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(B)Dec. 27, 2021135 Stat. 2133 (Added , , , § 2304a; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 3403 and amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–283, § 1820(c)(1)section 2304a of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1820(c)(2)Subsec. (a). , substituted “section 3406” for “section 2304c” and “section 3401” for “section 2304d”.

Pub. L. 116–283, § 1820(c)(3)Pub. L. 117–81, § 1701(b)(8)(B)Subsec. (c). , as amended by , inserted dash after “only if”, reorganized remainder of text of subsec. (c) into designated pars. (1) and (2), and substituted “subsection (a) of section 3204” for “subsection (c) of section 2304” and “subsection (e)” for “subsection (f)”.

Pub. L. 116–283, § 1820(c)(4)(A)Subsec. (d)(1). , inserted heading.

Pub. L. 116–283, § 1820(c)(4)(B)Subsec. (d)(2). , inserted heading and substituted “section 3203” for “section 2304(b)”.

Pub. L. 116–283, § 1820(c)(4)(C)Subsec. (d)(3). , inserted heading and substituted “section 3204(a)” for “section 2304(c)” in subpar. (B).

Pub. L. 116–283, § 1820(c)(4)(D)Subsec. (d)(4). , inserted heading.

Pub. L. 116–283, § 1820(c)(5)Subsec. (g). , substituted “section 3405” for “section 2304b”.

Pub. L. 116–922019—Subsec. (d)(3). designated existing provisions as subpar. (A), substituted “Except as provided under subparagraph (B), no task or delivery order contract” for “No task or delivery order contract”, redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A), redesignated cls. (i) and (ii) of former subpar. (B) as subcls. (I) and (II), respectively, of subpar. (A)(ii), and added subpar. (B).

Pub. L. 115–2322018—Subsec. (d)(3)(A). substituted “efficiently perform the work” for “reasonably perform the work”.

Pub. L. 112–812011—Subsec. (d)(3). struck out subpar. (A) designation before “No task”, redesignated cls. (i) to (iv) of former subpar. (A) as subpars. (A) to (D), respectively, of par. (3), redesignated subcls. (I) and (II) of former cl. (ii) as cls. (i) and (ii), respectively, of subpar. (B), and struck out former subpar. (B) which read as follows: “The head of the agency shall notify the congressional defense committees within 30 days after any determination under clause (i), (ii), (iii), or (iv) of subparagraph (A).”

Pub. L. 111–842009—Subsec. (d)(3)(B). amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The head of the agency shall notify Congress within 30 days after any determination under subparagraph (A)(iv).”

Pub. L. 110–1812008—Subsec. (d)(3), (4). added par. (3) and redesignated former par. (3) as (4).

Pub. L. 108–3752004—Subsec. (f). substituted “any period up to five years and may extend the contract period for one or more successive periods pursuant to an option provided in the contract or a modification of the contract. The total contract period as extended may not exceed 10 years unless such head of an agency determines in writing that exceptional circumstances necessitate a longer contract period” for “a total period of not more than five years”.

Pub. L. 108–1362003—Subsecs. (f) to (h). added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(2) of Pub. L. 117–81 section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2008 Amendment

Pub. L. 110–181, div. A, title VIII, § 843(a)(3)(A)Jan. 28, 2008122 Stat. 237

Jan. 28, 2008“The amendments made by paragraph (1) [amending this section] shall take effect on the date that is 120 days after the date of the enactment of this Act [], and shall apply with respect to any contract awarded on or after such date.”

, , , provided that:

Effective Date

section 10001 of Pub. L. 103–355 section 8752 of this titleFor effective date and applicability of section, see , set out as an Effective Date of 1994 Amendment note under .

Pub. L. 103–355Provisions Not Affected by

40 U.S.C. 759 section 1004(d) of Pub. L. 103–355 section 3401 of this titleThis section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former or chapter 11 of Title 40, Public Buildings, Property, and Works, see , set out as a note preceding .