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 Amendment

Amendment 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.”

Effective Date

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

Provisions Not Affected by Pub. L. 103–355

This 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.