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

submitted 32 years ago by Pub. L. 103-355 to r/title-10-ARMED-FORCES · 847 words · no verdicts yet

in plain englishAI-generated · not legal advice

An agency head may award task or delivery order contracts subject to listed solicitation, competition, award, modification, duration, and advisory-service rules. The section preserves other contracting authority.

(a) Subject to this section, section 3406, and other law, an agency head may enter a task or delivery order contract for services or property. (b) The solicitation must state (1) the contract period and extension options; (2) the maximum quantity or dollar value; and (3) a reasonably specific general scope, nature, complexity, and purpose. (c) Noncompetitive procedures may be used only if a section 3204(a) exception applies and the required approval under section 3204(e) is obtained. (d)(1) The agency may award one contract or, if the solicitation permits, separate contracts for the same or similar services or property to two or more sources. (2) No section 3203 determination is needed for multiple awards. (3)(A) A single-source contract estimated above $100,000,000 including options requires a written agency-head finding that the work is integrally related and only one source can efficiently do it; or that it has only firm fixed-price orders with established product-unit or task prices; or only one qualified source can perform at a reasonable price; or exceptional circumstances make one source necessary in the public interest. (B) That finding is unnecessary if the agency head made the written section 3204(a) determination allowing noncompetitive procedures. (4) Regulations must favor multiple awards when practicable and set criteria for when they are not in the Federal Government’s best interest. (e) An order may not expand the contract’s scope, period, or maximum value; only a contract modification may do so. (f) A contract may last up to five years and be extended by options or modification, but the total may not exceed 10 years unless the agency head determines in writing that exceptional circumstances necessitate a longer contract period. (g) Except as specifically provided in section 3405, this section does not apply to advisory and assistance services as defined in section 1105(g) of title 31. (h) Nothing here limits or expands other authority to award schedule, multiple-award, or task or delivery order contracts.

the actual law source: uscode.house.gov ↗public domain
(a)Authority To Award.—

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)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)

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)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.—

No determination under section 3203 of this title 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 Exceeding $100,000,000 Are Allowed.—
(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)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.—

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)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.

Source credit: (Added Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3249, § 2304a; amended Pub. L. 108–136, div. A, title VIII, § 843(b), Nov. 24, 2003, 117 Stat. 1553; Pub. L. 108–375, div. A, title VIII, § 813(a), Oct. 28, 2004, 118 Stat. 2014; Pub. L. 110–181, div. A, title VIII, § 843(a)(1), Jan. 28, 2008, 122 Stat. 236; Pub. L. 111–84, div. A, title VIII, § 814(a), Oct. 28, 2009, 123 Stat. 2407; Pub. L. 112–81, div. A, title VIII, § 809(b), Dec. 31, 2011, 125 Stat. 1490; Pub. L. 115–232, div. A, title VIII, § 816, Aug. 13, 2018, 132 Stat. 1852; Pub. L. 116–92, div. A, title VIII, § 816, Dec. 20, 2019, 133 Stat. 1487; renumbered § 3403 and amended Pub. L. 116–283, div. A, title XVIII, § 1820(c), Jan. 1, 2021, 134 Stat. 4191; Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(B), Dec. 27, 2021, 135 Stat. 2133.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-355 · 108 Stat. 3249
  • 2003Amended · Pub. L. 108-136 · 117 Stat. 1553
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 2014
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 236
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2407
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1490
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1852
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1487
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4191
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2133

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-355 on 1994-10-13.

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