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

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

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

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Source file: Laws/federal/codes/united-states-code/title-10/section-3406-task-and-delivery-order-contracts-orders--954e6d9ffc.md
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Source location: Title 10, Chapter 245, § 3406; chapter-245-task-and-delivery-order-contracts-multiple-award-contracts.md

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**(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 a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a task or delivery order already issued on a competitive basis; (4) it is necessary to place the order with a particular contractor in order to satisfy a minimum guarantee; or (5) the task or delivery order satisfies one of the exceptions in [section 3204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/a&num=0&edition=prelim) to the requirement to use competitive procedures. **(d) Enhanced Competition for Orders in Excess of $5,000,000.—** In the case of a task or delivery order in excess of $5,000,000, the requirement to provide all contractors a fair opportunity to be considered under subsection (c) is not met unless all such contractors are provided, at a minimum— (1) a notice of the task or delivery order that includes a clear statement of the agency’s requirements; (2) a reasonable period of time to provide a proposal in response to the notice; (3) disclosure of the significant factors and subfactors, including cost or price, that the agency expects to consider in evaluating such proposals, and their relative importance; (4) in the case of an award that is to be made on a best value basis, a written statement documenting the basis for the award and the relative importance of quality and price or cost factors; and (5) an opportunity for a post-award debriefing consistent with the requirements of [section 3304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3304&num=0&edition=prelim). **(e) Statement of Work.—** A task or delivery order shall include a statement of work that clearly specifies all tasks to be performed or property to be delivered under the order. **(f) Protests.—** (1) A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for— (A) a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued; or (B) a protest of an order valued in excess of $35,000,000. (2) Notwithstanding [section 3556 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3556&num=0&edition=prelim), the Comptroller General of the United States shall have exclusive jurisdiction of a protest authorized under paragraph (1)(B). **(g) Task and Delivery Order Ombudsman.—** (1) **Appointment or designation and responsibilities.—** — Each head of an agency who awards multiple task or delivery order contracts pursuant to section 3403(d)(1)(B) or 3405(f) of this title shall appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors on such contracts and ensuring that all of the contractors are afforded a fair opportunity to be considered for task or delivery orders when required under subsection (c). (2) **Who is eligible.—** — The task and delivery order ombudsman shall be a senior agency official who is independent of the contracting officer for the contracts and may be the agency’s competition advocate. **(h) Architectural and Engineering Services.—** (1) **Qualification-based selections required.—** — Task or delivery orders for architectural and engineering services issued under section 3403 or 3405 of this title shall be qualification-based selections executed in accordance with chapter 11 of title 40. (2) **Multiple award contracts.—** — When issuing a task or delivery order for architectural and engineering services under a multiple award contract, the head of an agency may not routinely request additional information relating to qualifications from the contractor for such multiple award contract.

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

10 U.S.C. § 3304 — Post-award debriefings

**(a) Request for Debriefing.—** When a contract is awarded by the head of an agency on the basis of competitive proposals, an unsuccessful offeror, upon written request received by the agency within 3 days after the date on which the unsuccessful offeror receives the notification of the contract award, shall be debriefed and furnished the basis for the selection decision and contract award. **(b) When Debriefing to Be Conducted.—** The head of the agency shall debrief the offeror within, to the maximum extent practicable, five days after receipt of the request by the agency. **(c) Information to Be Provided.—** (1) The debriefing shall include, at a minimum— (A) the agency’s evaluation of the significant weak or deficient factors in the offeror’s offer; (B) the overall evaluated cost and technical rating of the offer of the contractor awarded the contract and the overall evaluated cost and technical rating of the offer of the debriefed offeror; (C) the overall ranking of all offers; (D) a summary of the rationale for the award; (E) in the case of a proposal that includes a commercial product that is an end item under the contract, the make and model of the item being provided in accordance with the offer of the contractor awarded the contract; (F) reasonable responses to relevant questions posed by the debriefed offeror as to whether source selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency; and (G) an opportunity for a disappointed offeror to submit, within two business days after receiving a post-award debriefing, additional questions related to the debriefing. (2) The agency shall respond in writing to any additional question submitted under paragraph (1)(G

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3304

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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

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

10 U.S.C. § 2304c — Renumbered § 3406]

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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.

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

31 U.S.C. § 3556 — Nonexclusivity of remedies; matters included in agency record

This subchapter does not give the Comptroller General exclusive jurisdiction over protests, and nothing contained in this subchapter shall affect the right of any interested party to file a protest with the contracting agency or to file an action in the United States Court of Federal Claims. In any such action based on a procurement or proposed procurement with respect to which a protest has been filed under this subchapter, the reports required by sections 3553(b)(2) and 3554(e)(1) of this title with respect to such procurement or proposed procurement and any decision or recommendation of the Comptroller General under this subchapter with respect to such procurement or proposed procurement shall be considered to be part of the agency record subject to review.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3556

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

10 U.S.C. § 601 — Positions of importance and responsibility: generals and lieutenant generals; admirals and vice admirals

**(a)** The President may designate positions of importance and responsibility to carry the grade of general or admiral or lieutenant general or vice admiral. The President may assign to any such position an officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving on active duty in any grade above colonel or, in the case of an officer of the Navy, any grade above captain. An officer assigned to any such position has the grade specified for that position if he is appointed to that grade by the President, by and with the advice and consent of the Senate. Except as provided in subsection (b), the appointment of an officer to a grade under this section for service in a position of importance and responsibility ends on the date of the termination of the assignment of the officer to that position. **(b)** An officer who is appointed to the grade of general, admiral, lieutenant general, or vice admiral for service in a position designated under subsection (a) or by law to carry that grade shall continue to hold that grade— (1) while serving in that position; (2) while under orders transferring him to another position designated under subsection (a) or by law to carry one of those grades, beginning on the day his assignment to the first position is terminated and ending on the day before the day on which he assumes the second position; (3) while hospitalized, beginning on the day of the hospitalization and ending on the day he is discharged from the hospital, but not for more than 180 days; (4) at the discretion of the Secretary of Defense, while the officer is awaiting orders after being relieved from the position designated under subsection (a) or by law to carry one of those grades, but not for more than 60 days beginning on the day the officer

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 601

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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

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

10 U.S.C. § 7176 — Retention on active duty

The President may retain on active duty a disabled officer until— (1) the physical condition of the officer is such that the officer will not be further benefited by retention in a military hospital or a medical facility of the Department of Veterans Affairs; or (2) the officer is processed for physical disability benefits provided by law.

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

10 U.S.C. § 602 — Flexibility in determining terms of appointment for certain senior officer positions

The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, or 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 602

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

41 U.S.C. § 1708 — Procurement notice

**(a) Notice Requirement.—** Except as provided in subsection (b)— (1) an executive agency intending to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000, shall post, for not less than 10 days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (c); (2) an executive agency shall publish a notice of solicitation described in subsection (c) if the agency intends to— (A) solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or (B) place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement; and (3) an executive agency awarding a contract for property or services for a price exceeding $25,000, or placing an order exceeding $25,000 under a basic agreement, basic ordering agreement, or similar arrangement, shall furnish for publication a notice announcing the award or order if there is likely to be a subcontract under the contract or order. **(b) Exemptions.—** (1) **In general.—** — A notice is not required under subsection (a) if— (A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by— (i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and (ii) permitting the public to respond to the solicitation electronically; (B) the notice would disclose the executive agency’s needs and disclosure would compromise national security; (C) the proposed procurement would result from acceptance of— (i) an unsoli

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1708

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