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10 U.S.C. § 3401 — Task and delivery order contracts: definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Delivery order contract.—** — The term “delivery order contract” means a contract for property—
(A) that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and
(B) that provides for the issuance of orders for the delivery of property during the period of the contract.
(2) **Task order contract.—** — The term “task order contract” means a contract for services—
(A) that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and
(B) that provides for the issuance of orders for the performance of tasks during the period of the contract.
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Stable record: federal_law:legal_authorities:record_usc_1e1c9ac6ae84093fa91ae3f2
Source file: Laws/federal/codes/united-states-code/title-10/section-3401-task-and-delivery-order-contracts-definitions--175fad9cd7.md
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Source location: Title 10, Chapter 245, § 3401; chapter-245-task-and-delivery-order-contracts-multiple-award-contracts.md
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In this chapter:
(1) **Delivery order contract.—** — The term “delivery order contract” means a contract for property—
(A) that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and
(B) that provides for the issuance of orders for the delivery of property during the period of the contract.
(2) **Task order contract.—** — The term “task order contract” means a contract for services—
(A) that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and
(B) that provides for the issuance of orders for the performance of tasks during the period of the contract.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond.
**(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8752
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2304d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Award.—** Subject to the requirements of this section, [section 3406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3401&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3403
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Advisory and Assistance Services Defined.—** In this section, the term “advisory and assistance services” has the meaning given such term in [section 1105(g) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/g&num=0&edition=prelim).
**(b) Authority To Award.—**
(1) Subject to the requirements of this section, [section 3406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406&num=0&edition=prelim), and other applicable law, the head of an agency may enter into a task order contract (as defined in [section 3401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3401&num=0&edition=prelim)) for procurement of advisory and assistance services.
(2) The head of an agency may enter into a task order contract for procurement of advisory and assistance services only under the authority of this section.
**(c) Limitation on Contract Period.—** The period of a task order contract entered into under this section, including all periods of extensions of the contract under options, modifications, or otherwise, may not exceed five years unless a longer period is specifically authorized in a law that is applicable to such contract.
**(d) Content of Notice.—** The notice required by [section 1708 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) and section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)) shall reasonably and fairly describe the general scope, magnitude, and duration of the proposed task order contract in a manner that would reasonably enable a potential offeror to de
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3405
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(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) A separate notice for such order under [section 1708 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) or section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)).
(2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with [section 3204(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/e&num=0&edition=prelim)) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3406
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Additional Forms of Transactions Authorized.—** The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) to use contracts, cooperative agreements, and grants in carrying out such projects.
**(b) Exercise of Authority by Secretary of Defense.—** In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of Defense that the Secretary may designate.
**(c) Advance Payments.—** The authority provided under subsection (a) may be exercised without regard to [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim).
**(d) Recovery of Funds.—**
(1) A cooperative agreement for performance of basic, applied, or advanced research authorized by [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction.
(2) The amount of any payment received by the Federal Government pursuant to a require
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4021
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall prescribe regulations to ensure, to the maximum extent practicable, that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services provided.
**(b) Content of Regulations.—** With respect to contracts to acquire services on the basis of the number of hours of services provided, the regulations described in subsection (a) shall—
(1) include standards and approval procedures to minimize the use of such contracts;
(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime;
(3) ensure appropriate emphasis on technical and quality factors in the source selection process;
(4) require identification of any hours in excess of 40-hour weeks included in a proposal;
(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and
(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4507
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Federal law — U.S. Code and appendices · legal_authorities
Page 2478
TITLE 10—ARMED FORCES
§ 3401
ter’’ for ‘‘section’’ in subsec. (a) and in introductory
provisions of subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
CHAPTER 245—TASK AND DELIVERY ORDER
CONTRACTS
(MULTIPLE
AWARD
CON-
TRACTS)
Sec.
3401.
Task and delivery order contracts: defini-
tions.
3402.
[Reserved].
3403.
Task and delivery order contracts: general
authority.
3404.
[Reserved].
3405.
Task order contracts: advisory and assistance
services.
3406.
Task and delivery order contracts: orders.
Editorial Notes
PRIOR PROVISIONS
A prior chapter 245 ‘‘TASK AND DELIVERY ORDER
CONTRACTS (MULTIPLE AWARD CONTRACTS)’’, as
added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug.
13, 2018, 132 Stat. 1827, and consisting of reserved sec-
tion 3401, was repealed by Pub. L. 116–283, div. A, title
XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191.
AMENDMENTS
2021—Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(A),
Dec. 27, 2021, 135 Stat. 2133, amended Pub. L. 116–283,
div. A, title XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191,
which added this analysis, by substituting ‘‘[Reserved]’’
for ‘‘Guidance on use of task and delivery order con-
tracts’’ in item 3404.
Statutory Notes and Related Subsidiaries
PROVISIONS NOT AFFECTED BY PUB. L. 103–355
Pub. L. 103–355, title I, § 1004(d), Oct. 13, 1994, 108 Stat.
3253, as amended by Pub. L. 108–136, div. A, title X,
§ 1045(f), Nov. 24, 2003, 117 Stat. 1613, provided that:
‘‘Nothing in section 23
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3401
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