US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3406

Task and delivery order contracts: orders

(a)

Applicability .—

This section applies to task and delivery order contracts entered into under sections 3403 and 3405 of this title.
(b)

Issuance of Orders .—

The following actions are not required for issuance of a task or delivery order under a task or delivery order contract:
(1)
section 1708 of title 4115 U.S.C. 637(e) A separate notice for such order under or section 8(e) of the Small Business Act ().
(2)
section 3204(e) of this title Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with ) that is separate from that used for entering into the contract.
(c)

Multiple Award Contracts .—

When multiple task or delivery order contracts are awarded under section 3403(d)(1)(B) or 3405(f) of this title, all contractors awarded such contracts shall be provided a fair opportunity to be considered, pursuant to procedures set forth in the contracts, for each task or delivery order in excess of $2,500 that is to be issued under any of the contracts unless—
(1)
the agency’s need for the services or property ordered is of such unusual urgency that providing such opportunity to all such contractors would result in unacceptable delays in fulfilling that need;
(2)
only one such contractor is capable of providing the services or property required at the level of quality required because the services or property ordered are unique or highly specialized;
(3)
the task or delivery order should be issued on a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a task or delivery order already issued on a competitive basis;
(4)
it is necessary to place the order with a particular contractor in order to satisfy a minimum guarantee; or
(5)
section 3204(a) of this title the task or delivery order satisfies one of the exceptions in to the requirement to use competitive procedures.
(d)

Enhanced Competition for Orders in Excess of $5,000,000.—

In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (c) is not met unless all such contractors are provided, at a minimum—
(1)
a notice of the task or delivery order that includes a clear statement of the 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 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 the basis for the award and the relative importance of quality and price or cost factors; and
(5)
section 3304 of this title an opportunity for a post-award debriefing consistent with the requirements of .
(e)

Statement of Work .—

A task or delivery order shall include a statement of work that clearly specifies all tasks to be performed or property to be delivered under the order.
(f)

Protests .—

(1)
A protest is not authorized in connection 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 $35,000,000.
(2)
section 3556 of title 31 Notwithstanding , the Comptroller General of the United States shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B).
(g)

Task and Delivery Order Ombudsman.—

(1)

Appointment or designation and responsibilities .—

Each head of an agency who awards multiple task or delivery order contracts pursuant to section 3403(d)(1)(B) or 3405(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 such contracts and ensuring that all of the contractors are afforded a fair opportunity to be considered for task or delivery orders when required 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 agency’s competition advocate.
(h)

Architectural and Engineering Services.—

(1)

Qualification-based selections required .—

Task or delivery orders for architectural and engineering services issued under section 3403 or 3405 of this title shall be qualification-based selections executed in accordance with chapter 11 of title 40.
(2)

Multiple award contracts .—

When issuing a task or delivery order for architectural and engineering services under a multiple award contract, the head of an agency may not routinely request additional information relating to qualifications from the contractor for such multiple award contract.

Pub. L. 103–355, title I, § 1004(a)(1)108 Stat. 3252Pub. L. 110–181, div. A, title VIII, § 843(a)(2)122 Stat. 237Pub. L. 111–350, § 5(b)(14)124 Stat. 3843Pub. L. 111–383, div. A, title VIII, § 825124 Stat. 4270Pub. L. 112–239, div. A, title VIII, § 830126 Stat. 1842Pub. L. 114–328, div. A, title VIII130 Stat. 2280Pub. L. 116–283, div. A, title XVIII, § 1820(e)134 Stat. 4194Pub. L. 117–263, div. A, title VIII, § 802136 Stat. 2693Pub. L. 118–159, div. A, title VIII, § 885(f)138 Stat. 2022(Added , , , § 2304c; amended , , ; , , ; , title X, § 1075(f)(5)(A), , , 4376; , , ; , §§ 825(b), 835(a), , , 2285; renumbered § 3406 and amended , , ; , , ; , , .)

Editorial Notes

Prior Provisions

Pub. L. 96–513, title II, § 20794 Stat. 2884Prior sections 3441 and 3442 were repealed by , title VII, § 701, , , 2955, effective .

act Aug. 10, 1956, ch. 104170A Stat. 195Section 3441, , , provided that temporary appointments be made only in the Army without specification of component.

act Aug. 10, 1056, ch. 104170A Stat. 195section 601 of this titleSection 3442, , , provided that a regular commissioned officer, or a reserve commissioned officer who is serving on active duty, may be appointed, based upon ability and efficiency with regard being given to seniority and age, in a temporary grade that is equal to or higher than his regular or reserve grade, without vacating any other grade held by him. See .

act Aug. 10, 1956, ch. 104170A Stat. 196Pub. L. 85–861, § 36B(6)72 Stat. 1570A prior section 3443, , , related to grade of appointment of reserve commissioned officers on active duty, prior to repeal by , , .

Pub. L. 96–513, title II, § 20794 Stat. 2884Prior sections 3444 and 3445 were repealed by , title VII, § 701, , , 2955, effective .

Aug. 10, 1956, ch. 104170A Stat. 196Pub. L. 85–861, § 1(81)(A)72 Stat. 1480section 3294(b) of this titlesection 603 of this titleSection 3444, acts , ; , , , authorized the President, in time of war or national emergency, to appoint any qualified person, including a person who is not a Regular or Reserve, in any temporary grade, provided for vacation of the appointment, and permitted, for purposes of determining grade, position on a promotion list, seniority in temporary grade, and eligibility for promotion, an officer of the Medical Corps or Dental Corps who is appointed in a temporary grade to be credited, when he enters active duty, with constructive service authorized by . See .

Aug. 10, 1956, ch. 104170A Stat. 196Pub. L. 85–861, § 1(81)(B)72 Stat. 1480section 603 of this titleSection 3445, acts , ; , , , provided that in addition to the temporary appointments authorized, in time of war or national emergency, a regular officer or a reserve warrant officer may be appointed in any temporary grade higher than his regular or reserve grade, without vacating that grade, or a person who holds no commissioned grade in the Regular Army be appointed in any temporary commissioned grade. See .

section 7176 of this titleA prior section 3446 was renumbered .

Pub. L. 96–513, title II94 Stat. 2884Prior sections 3447 to 3449 were repealed by , §§ 207, 208, title VII, § 701, , , 2955, effective .

Aug. 10, 1956, ch. 104170A Stat. 196Pub. L. 85–861, § 1(81)(D)72 Stat. 1480Pub. L. 92–129, title VI, § 60285 Stat. 361section 601 of this titleSection 3447, acts , ; , , ; , , , provided that temporary appointment of a person be made without reference to any other appointment that he may hold in the Army, temporary appointments of commissioned officers in the Regular Army be made by the President alone in grades below lieutenant colonel and by the President, by and with the consent of the Senate, in grades of lieutenant colonel and above, temporary appointments of commissioned officers in the reserve components of the Army be made by the President alone in grades below lieutenant colonel and by the President, by and with the consent of the Senate, in grades above major, and that the President may vacate at any time a temporary appointment in a commissioned grade. See .

Aug. 10, 1956, ch. 104170A Stat. 197Pub. L. 85–603, § 1(2)72 Stat. 526section 602 of this titleSection 3448, acts , ; , , , authorized the Secretary of the Army, upon his determination of need, to appoint qualified persons as warrant officers, with such appointments to continue at the pleasure of the Secretary, and such warrant officers entitled to count all periods of active duty under the appointment as warrant or enlisted service for all purposes and to the benefits of all laws and regulations applicable to the retirement, pensions, and disability of members of the Army on active duty. See .

act Aug. 10, 1956, ch. 104170A Stat. 197section 602 of this titleSection 3449, , , provided that temporary promotions in warrant officer grades be governed by such regulations as the Secretary of the Army prescribe. See .

act Aug. 10, 1956, ch. 104170A Stat. 197Pub. L. 90–235, § 3(b)(1)81 Stat. 758A prior section 3450, , , provided for suspension of laws for promotion or mandatory retirement or separation during war or emergency of temporary warrant officers of the Army, prior to repeal by , , .

Amendments

Pub. L. 118–1592024—Subsec. (f)(1)(B). substituted “$35,000,000” for “$25,000,000”.

Pub. L. 117–2632022—Subsec. (h). added subsec. (h).

Pub. L. 116–283, § 1820(e)(1)section 2304c of this title2021—, (2), renumbered as this section, redesignated subsecs. (g), (a), (b), (c), (e), and (f) as (a), (b), (c), (e), (f), and (g), respectively, and reordered subsecs. accordingly.

Pub. L. 116–283, § 1820(e)(3)Subsec. (a). , substituted “sections 3403 and 3405” for “sections 2304a and 2304b”.

Pub. L. 116–283, § 1820(e)(4)Subsec. (b)(2). , substituted “subsection (c)” for “subsection (b)” and “section 3204(e)” for “section 2304(f)”.

Pub. L. 116–283, § 1820(e)(5)(A)Subsec. (c). , which directed substitution of “section 3403(d)(1)(B) or 3405(f)” for “section 2304a(d)(1) or 2304b(c)”, was executed by making the substitution for “section 2304a(d)(1)(B) or 2304b(e)” in introductory provisions, to reflect the probable intent of Congress.

Pub. L. 116–283, § 1820(e)(5)(B)Subsec. (c)(5). , substituted “section 3204(a)” for “section 2304(c)”.

Pub. L. 116–283, § 1820(e)(6)(A)Subsec. (d). , substituted “subsection (c)” for “subsection (b)” in introductory provisions.

Pub. L. 116–283, § 1820(e)(6)(B)Subsec. (d)(5). , substituted “section 3304” for “section 2305(b)(5)”.

Pub. L. 116–283, § 1820(e)(7)Subsec. (g). , designated first and second sentences as pars. (1) and (2), respectively, and inserted headings and, in par. (1), substituted “section 3403(d)(1)(B) or 3405(f)” for “section 2304a(d)(1)(B) or 2304b(e)” and “subsection (c)” for “subsection (b)”.

Pub. L. 114–328, § 825(b)2016—Subsec. (b)(5). , added par. (5).

Pub. L. 114–328, § 835(a)Subsec. (e)(1)(B). , substituted “$25,000,000” for “$10,000,000”.

Pub. L. 112–2392013—Subsec. (e)(3). struck out par. (3) which read as follows: “Paragraph (1)(B) and paragraph (2) of this subsection shall not be in effect after .”

Pub. L. 111–350section 1708 of title 4141 U.S.C. 4162011—Subsec. (a)(1). substituted “” for “section 18 of the Office of Federal Procurement Policy Act ()”.

Pub. L. 111–383, § 1075(f)(5)(A)Pub. L. 110–181, § 843(a)(2)(C)Subsec. (e). , made technical correction to directory language of . See 2008 Amendment note below.

Pub. L. 111–383, § 825Subsec. (e)(3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “This subsection shall be in effect for three years, beginning on the date that is 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008.”

Pub. L. 110–181, § 843(a)(2)2008—Subsec. (d). , added subsec. (d). Former subsec. (d) redesignated (e).

Pub. L. 110–181, § 843(a)(2)(C)Pub. L. 111–383, § 1075(f)(5)(A)Subsec. (e). , as amended by , added subsec. (e) and struck out former subsec. (e). Former text read as follows: “A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued.”

Pub. L. 110–181, § 843(a)(2)(A), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Pub. L. 110–181, § 843(a)(2)(A)Subsecs. (f), (g). , redesignated subsecs. (e) and (f) as (f) and (g), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 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)(B)122 Stat. 238

“The amendments made by paragraph (2) [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 task or delivery order awarded on or after such date.”
, , , provided that:

Effective Date

section 10001 of Pub. L. 103–355section 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. 759section 1004(d) of Pub. L. 103–355section 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 .