Browse Arkansas Code titles and sections

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

Federal law — U.S. Code and appendices · legal_authorities

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3403

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 1cc67bff64d6989bade92b78ac3f00fd45c8185c5a1d663bb106890d47ba89a5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_acc2a0704245f420d31cd097
Source file: Laws/federal/codes/united-states-code/title-10/section-3403-task-and-delivery-order-contracts-general-authority--28d9b43433.md
Pages: Not recorded – Not recorded
Passage SHA-256: fd62c3f6afc4fe61842c1dbece1a5018c84650df04213fe1c91504b33df8a6f0

Source location: Title 10, Chapter 245, § 3403; chapter-245-task-and-delivery-order-contracts-multiple-award-contracts.md

Stored source content

**(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 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3203&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3405&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/g&num=0&edition=prelim)). **(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.

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3401 — Task and delivery order contracts: definitions

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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3401

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3204 — Use of procedures other than competitive procedures

**(a) When Procedures Other Than Competitive Procedures May Be Used.—** The head of an agency may use procedures other than competitive procedures only when— (1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency; (2) the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals; (3) it is necessary to award the contract to a particular source or sources in order— (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization; (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify; (4) the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the ag

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3204

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2304a — Renumbered § 3403]

### Statutory Notes #### Codification Another section 2304a was renumbered [section 3901 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3901&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2304a

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 8752 — Contracts for research

**(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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3203 — Exclusion of particular source or restriction of solicitation to small business concerns

**(a) Exclusion of Particular Source.—** (1) **Criteria for exclusion.—** — The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using competitive procedures but excluding a particular source in order to establish or maintain an alternative source or sources of supply for that property or service if the head of the agency determines that to do so— (A) would increase or maintain competition and would likely result in reduced overall costs for such procurement, or for any anticipated procurement, of property or services; (B) would be in the interest of national defense in having a facility (or a producer, manufacturer, or other supplier) available for furnishing the property or service in case of a national emergency or industrial mobilization; (C) would be in the interest of national defense in establishing or maintaining an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; (D) would ensure the continuous availability of a reliable source of supply of such property or service; (E) would satisfy projected needs for such property or service determined on the basis of a history of high demand for the property or service; or (F) in the case of medical supplies, safety supplies, or emergency supplies, would satisfy a critical need for such supplies. (2) **Determination for Class Disallowed.—** — A determination under paragraph (1) may not be made for a class of purchases or contracts. **(b) Exclusion of Other Than Small Business Concerns.—** The head of an agency may provide for the procurement of property or services covered by chapter 137 legacy provisions using

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3203

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3405 — Task order contracts: advisory and assistance services

**(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. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3406 — Task and delivery order contracts: orders

**(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

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3403 — Task and delivery order contracts: gen-

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. § 3403

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.