10 USC 3403 - Task and delivery order contracts: general authority

U.S Code last checked for updates: Apr 28, 2024

§ 3403.

Task and delivery order contracts: general authority

(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.

(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.)

cite as: 10 USC 3403