§3403 — Title 10 Armed Forces | U.S. Code

Summary

Agency heads can use task or delivery order contracts to buy services or property. The contract request must say how long the contract lasts (and any option periods), the maximum quantity or dollar value, and give a clear description of the work or items needed. Non‑competitive awards are allowed only if the exception in section 3204(a) applies and the use of those procedures is approved under section 3204(e). An agency can give one contract or, if the request allows, award separate contracts to multiple sources. Contracts estimated to be over $100,000,000 for a single source need a written finding that one of a few narrow conditions exists (for example, only one qualified source, required firm fixed prices, closely related work, or an exceptional public need), unless a written non‑competitive determination under section 3204(a) was made. Orders cannot expand a contract’s scope, time, or max value without modifying the contract. Initial contract terms can be up to five years and extensions may bring the total up to 10 years unless a written exceptional‑circumstances finding is made. This does not apply to advisory and assistance contracts as covered in section 3405.

Title 10, §3403

Armed Forces — Source: USLM XML via OLRC

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

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

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

(d)(1)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)No determination under section 3203 of this title is required for award of multiple task or delivery order contracts under paragraph (1)(B).

(3)(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)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 section 3204(a) of this title that procedures other than competitive procedures may be used for the awarding of such contract.

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

(h)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1820(c)(1), renumbered section 2304a of this title as this section. Subsec. (a). Pub. L. 116–283, § 1820(c)(2), substituted “section 3406” for “section 2304c” and “section 3401” for “section 2304d”. Subsec. (c). Pub. L. 116–283, § 1820(c)(3), as amended by Pub. L. 117–81, § 1701(b)(8)(B), 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)”. Subsec. (d)(1). Pub. L. 116–283, § 1820(c)(4)(A), inserted heading. Subsec. (d)(2). Pub. L. 116–283, § 1820(c)(4)(B), inserted heading and substituted “section 3203” for “section 2304(b)”. Subsec. (d)(3). Pub. L. 116–283, § 1820(c)(4)(C), inserted heading and substituted “section 3204(a)” for “section 2304(c)” in subpar. (B). Subsec. (d)(4). Pub. L. 116–283, § 1820(c)(4)(D), inserted heading. Subsec. (g). Pub. L. 116–283, § 1820(c)(5), substituted “section 3405” for “section 2304b”. 2019—Subsec. (d)(3). Pub. L. 116–92 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). 2018—Subsec. (d)(3)(A). Pub. L. 115–232 substituted “efficiently perform the work” for “reasonably perform the work”. 2011—Subsec. (d)(3). Pub. L. 112–81 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).” 2009—Subsec. (d)(3)(B). Pub. L. 111–84 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).” 2008—Subsec. (d)(3), (4). Pub. L. 110–181 added par. (3) and redesignated former par. (3) as (4). 2004—Subsec. (f). Pub. L. 108–375 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”. 2003—Subsecs. (f) to (h). Pub. L. 108–136 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

of 2008 Amendment Pub. L. 110–181, div. A, title VIII, § 843(a)(3)(A), Jan. 28, 2008, 122 Stat. 237, provided that: “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 [Jan. 28, 2008], and shall apply with respect to any contract awarded on or after such date.”

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For

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and applicability of section, see section 10001 of Pub. L. 103–355, set out as an

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of 1994 Amendment note under section 8752 of this title. Provisions Not Affected by Pub. L. 103–355This section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former 40 U.S.C. 759 or chapter 11 of Title 40, Public Buildings, Property, and Works, see section 1004(d) of Pub. L. 103–355, set out as a note preceding section 3401 of this title.

§3403 Task and delivery order contracts: general authority

Summary

Title 10, §3403

Notes & Related Subsidiaries

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Statutory Notes and Related Subsidiaries

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