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10 U.S.C. § 3377 — Inapplicability to Coast Guard and Na-
Federal law — U.S. Code and appendices · legal_authorities
Page 2476
TITLE 10—ARMED FORCES
§ 3374
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.
§ 3374. Undefinitized contractual actions: allow-
able profit
(a) ALLOWED PROFIT TO REFLECT CERTAIN RE-
DUCED COST RISKS OF CONTRACTOR.—The head of
an agency shall ensure that the profit allowed
on an undefinitized contractual action for which
the final price is negotiated after a substantial
portion of the performance required is com-
pleted reflects—
(1) the possible reduced cost risk of the con-
tractor with respect to costs incurred during
performance of the contract before the final
price is negotiated; and
(2) the reduced cost risk of the contractor
with respect to costs incurred during perform-
ance of the remaining portion of the contract.
(b) DATE AS OF WHICH CONTRACTOR COST RISK
TO BE DETERMINED.—If a contractor submits a
qualifying proposal to definitize an undefinitized
contractual action and the contracting officer
for such action definitizes the contract after the
end of the 180-day period beginning on the date
on which the contractor submitted the quali-
fying proposal, the head of the agency concerned
shall ensure that the profit allowed on the con-
tract accurately reflects the cost risk of the
contractor as such risk existed on the date the
contractor submitted the qualifying proposal.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1819(a), (e), Jan. 1, 2021, 134 Stat. 4189,
4190.)
Editorial Notes
CODIFICATION
The text of subsec. (f) of
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Page 2476
TITLE 10—ARMED FORCES
§ 3374
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.
§ 3374. Undefinitized contractual actions: allow-
able profit
(a) ALLOWED PROFIT TO REFLECT CERTAIN RE-
DUCED COST RISKS OF CONTRACTOR.—The head of
an agency shall ensure that the profit allowed
on an undefinitized contractual action for which
the final price is negotiated after a substantial
portion of the performance required is com-
pleted reflects—
(1) the possible reduced cost risk of the con-
tractor with respect to costs incurred during
performance of the contract before the final
price is negotiated; and
(2) the reduced cost risk of the contractor
with respect to costs incurred during perform-
ance of the remaining portion of the contract.
(b) DATE AS OF WHICH CONTRACTOR COST RISK
TO BE DETERMINED.—If a contractor submits a
qualifying proposal to definitize an undefinitized
contractual action and the contracting officer
for such action definitizes the contract after the
end of the 180-day period beginning on the date
on which the contractor submitted the quali-
fying proposal, the head of the agency concerned
shall ensure that the profit allowed on the con-
tract accurately reflects the cost risk of the
contractor as such risk existed on the date the
contractor submitted the qualifying proposal.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1819(a), (e), Jan. 1, 2021, 134 Stat. 4189,
4190.)
Editorial Notes
CODIFICATION
The text of subsec. (f) of section 2326 of this title,
which was transferred to this section and amended by
Pub. L. 116–283, § 1819(e), was based on Pub. L. 99–500,
§ 101(c) [title X, § 908(d)(1)(A)], Oct. 18, 1986, 100 Stat.
1783–82, 1783–141, and Pub. L. 99–591, § 101(c) [title X,
§ 908(d)(1)(A)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–141;
Pub. L. 99–661, div. A, title IX, formerly title IV,
§ 908(d)(1)(A), Nov. 14, 1986, 100 Stat. 3921, renumbered
title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273;
Pub. L. 114–328, div. A, title VIII, § 811(1), Dec. 23, 2016,
130 Stat. 2268; Pub. L. 115–91, div. A, title VIII,
§ 815(a)(1), Dec. 12, 2017, 131 Stat. 1462. Pub. L. 99–500,
Pub. L. 99–591, and Pub. L. 99–661 added identical sub-
sections.
AMENDMENTS
2021—Pub. L. 116–283, § 1819(e)(1)(A), transferred sub-
sec. (f) of section 2326 of this title to this section and
struck out subsec. (f) designation and heading ‘‘Allow-
able Profit’’ at beginning.
Subsec. (a). Pub. L. 116–283, § 1819(e)(1)(B), (2), redesig-
nated par. (1) of former section 2326(f) of this title as
subsec. (a) of this section, inserted heading, and redes-
ignated subpars. (A) and (B) as pars. (1) and (2), respec-
tively.
Subsec. (b). Pub. L. 116–283, § 1819(e)(1)(B), (3), redesig-
nated par. (2) of former section 2326(f) of this title as
subsec. (b) of this section and inserted heading.
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.
§ 3375. Undefinitized contractual actions: time
limit
No undefinitized contractual action may ex-
tend beyond 90 days without a written deter-
mination by the Secretary of the military de-
partment concerned, the head of the Defense
Agency concerned, the commander of the com-
batant command concerned, or the Under Sec-
retary
of
Defense
for
Acquisition
and
Sustainment (as applicable) that it is in the best
interests of the military department, the De-
fense Agency, the combatant command, or the
Department of Defense, respectively, to con-
tinue the action.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1819(a), (f), Jan. 1, 2021, 134 Stat. 4189,
4190.)
Editorial Notes
CODIFICATION
The text of subsec. (g) of section 2326 of this title,
which was transferred to this section and amended by
Pub. L. 116–283, § 1819(f), was based on Pub. L. 114–328,
div. A, title VIII, § 811(3), Dec. 23, 2016, 130 Stat. 2268;
Pub. L. 115–91, div. A, title VIII, § 815(a)(1), Dec. 12, 2017,
131 Stat. 1462; Pub. L. 116–92, div. A, title IX, § 902(50),
Dec. 20, 2019, 133 Stat. 1548.
PRIOR PROVISIONS
A prior section 3375, added Pub. L. 85–861, § 1(80)(E),
Sept. 2, 1958, 72 Stat. 1475, related to transfer or dis-
charge of reserve generals ceasing to occupy commen-
surate positions, prior to repeal by Pub. L. 103–337, div.
A, title XVI, §§ 1629(a)(1), 1691(b)(1), Oct. 5, 1994, 108 Stat.
2963, 3026, effective Oct. 1, 1996. See section 14314(a) of
this title.
AMENDMENTS
2021—Pub. L. 116–283, § 1819(f), transferred subsec. (g)
of section 2326 of this title to this section and struck
out subsec. (g) designation and heading ‘‘Time Limit’’
at beginning.
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.
§ 3377. Inapplicability to Coast Guard and Na-
tional Aeronautics and Space Administra-
tion; definitions
(a) APPLICABILITY.—This chapter does not
apply to the Coast Guard or the National Aero-
nautics and Space Administration.
(b) DEFINITIONS.—In this chapter:
(1) The term ‘‘undefinitized contractual ac-
tion’’ means a new procurement action en-
Page 2477
TITLE 10—ARMED FORCES
§ 3377
tered into by the head of an agency for which
the contractual terms, specifications, or price
are not agreed upon before performance is
begun under the action. Such term does not
include contractual actions with respect to
the following:
(A) Purchases in an amount not in excess
of the amount of the simplified acquisition
threshold.
(B) Special access programs.
(C) Congressionally mandated long-lead
procurement contracts.
(2) The term ‘‘qualifying proposal’’ means a
proposal that contains sufficient information
to enable the Department of Defense to con-
duct a meaningful audit of the information
contained in the proposal.
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1819(a), (g), Jan. 1, 2021, 134 Stat. 4189,
4191.)
Editorial Notes
CODIFICATION
The text of subsec. (i) of section 2326 of this title,
which was transferred to this section, redesignated as
subsec. (a), and amended by Pub. L. 116–283, § 1819(g),
was
based
on
Pub.
L.
99–500,
§ 101(c)
[title
X,
§ 908(d)(1)(A)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–141,
and Pub. L. 99–591, § 101(c) [title X, § 908(d)(1)(A)], Oct.
30, 1986, 100 Stat. 3341–82, 3341–141; Pub. L. 99–661, div. A,
title IX, formerly title IV, § 908(d)(1)(A), Nov. 14, 1986,
100 Stat. 3921, renumbered title IX, Pub. L. 100–26, § 3(5),
Apr. 21, 1987, 101 Stat. 273. Pub. L. 99–500, Pub. L. 99–591,
and Pub. L. 99–661 added identical subsections.
The text of subsec. (j) of section 2326 of this title,
which was transferred to this section, redesignated as
subsec. (b), and amended by Pub. L. 116–283, § 1819(g),
was
based
on
Pub.
L.
99–500,
§ 101(c)
[title
X,
§ 908(d)(1)(A)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–141,
and Pub. L. 99–591, § 101(c) [title X, § 908(d)(1)(A)], Oct.
30, 1986, 100 Stat. 3341–82, 3341–141; Pub. L. 99–661, div. A,
title IX, formerly title IV, § 908(d)(1)(A), Nov. 14, 1986,
100 Stat. 3921, renumbered title IX, Pub. L. 100–26, § 3(5),
Apr. 21, 1987, 101 Stat. 273; Pub. L. 101–189, div. A, title
XVI, § 1622(c)(6), Nov. 29, 1989, 103 Stat. 1604; Pub. L.
102–25, title VII, § 701(d)(5), Apr. 6, 1991, 105 Stat. 114;
Pub. L. 103–355, title I, § 1505, Oct. 13, 1994, 108 Stat. 3298;
Pub. L. 114–328, div. A, title VIII, § 811(2), (4), Dec. 23,
2016, 130 Stat. 2268, 2269; Pub. L. 115–91, div. A, title
VIII, § 815(a)(1), Dec. 12, 2017, 131 Stat. 1462. Pub. L.
99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical
subsections.
PRIOR PROVISIONS
Prior sections 3378 to 3390 were repealed by Pub. L.
103–337, div. A, title XVI, §§ 1629(a)(1), 1691(b)(1), Oct. 5,
1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996.
Section 3378, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1476, related to promotion of reserve com-
missioned officers removed from active status. See sec-
tion 14317(a) of this title.
Section 3380, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1476; amended Pub. L. 98–94, title X,
§ 1015(a)(1), Sept. 24, 1983, 97 Stat. 667; Pub. L. 99–145,
title V, § 521(b), Nov. 8, 1985, 99 Stat. 631; Pub. L. 100–180,
div. A, title V, § 502(b)(1), Dec. 4, 1987, 101 Stat. 1085;
Pub. L. 101–189, div. A, title V, § 503(b)(1), Nov. 29, 1989,
103 Stat. 1437; Pub. L. 102–484, div. A, title V, § 519(b),
Oct. 23, 1992, 106 Stat. 2408; Pub. L. 103–160, div. A, title
V, § 514(b), Nov. 30, 1993, 107 Stat. 1649; Pub. L. 104–106,
div. A, title V, § 511(b), Feb. 10, 1996, 110 Stat. 298, re-
lated to promotion of reserve commissioned officers on
active duty and not on the active duty list. See section
14311(e) of this title.
Section 3382, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1476, related to promotion of second lieu-
tenants of Army Reserve assigned to units. See section
14301 et seq. of this title.
Section 3383, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1477; amended Pub. L. 86–559, § 1(16), June
30, 1960, 74 Stat. 270; Pub. L. 88–620, § 2, Oct. 3, 1964, 78
Stat. 999; Pub. L. 90–130, § 1(11)(E), Nov. 8, 1967, 81 Stat.
376; Pub. L. 95–485, title VIII, § 820(e)(5), Oct. 20, 1978, 92
Stat. 1627, related to promotion of officers of Army Re-
serve to grades of first lieutenant, captain, major, lieu-
tenant colonel, and colonel to fill vacancies. See sec-
tion 14301 et seq. of this title.
Section 3384, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1477, related to promotion of officers of
Army Reserve to grades of brigadier general or major
general to fill vacancies. See section 14315 of this title.
Section 3385, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1477, related to promotion of officers of
Army National Guard of United States upon Federal
recognition. See section 14308(f) of this title.
Section 3386, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1478, related to promotion of reserve com-
missioned officers upon release from active duty. See
section 14301 et seq. of this title.
Section 3388, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1478, related to effect of commissioned of-
ficer of Army Reserve entering upon active duty while
eligible for promotion. See section 14301 et seq. of this
title.
Section 3389, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1478; amended Pub. L. 86–559, § 1(17), June
30, 1960, 74 Stat. 270, related to promotion of commis-
sioned officers of Army Reserve or Army National
Guard of United States to higher reserve grades after
temporary appointments. See section 14301 et seq. of
this title.
Section 3390, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1478; amended Pub. L. 100–456, div. A, title
XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to
procedure for promotion to higher reserve grade of offi-
cer of Army National Guard of United States after tem-
porary appointment. See section 14301 et seq. of this
title.
A prior section 3391, added Pub. L. 85–861, § 1(80)(E),
Sept. 2, 1958, 72 Stat. 1479; Pub. L. 86–559, § 1(18), June 30,
1960, 74 Stat. 270, prohibited promotion of reserve offi-
cers of Army Nurse Corps or Army Medical Specialist
Corps to reserve grades above colonel and prohibited
promotion of reserve officers of Women’s Army Corps
to reserve grades above lieutenant colonel, prior to re-
peal by Pub. L. 90–130, § 1(11)(F), Nov. 8, 1967, 81 Stat.
376.
Prior sections 3392 to 3396 were repealed by Pub. L.
103–337, div. A, title XVI, §§ 1629(a)(1), 1691(b)(1), Oct. 5,
1994, 108 Stat. 2963, 3026, effective Oct. 1, 1996.
Section 3392, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1479; amended Pub. L. 100–456, div. A, title
XII, § 1234(a)(1), Sept. 29, 1988, 102 Stat. 2059, related to
appointment of adjutants general or assistant adju-
tants general as reserve officers of Army. See section
12215(a) of this title.
Section 3393, added Pub. L. 85–861, § 1(80)(E), Sept. 2,
1958, 72 Stat. 1479, provided that sea or foreign service
not be made condition for promotion of reserve com-
missioned officers in reserve grades.
Section 3394, act Aug. 10, 1956, ch. 1041, 70A Stat. 195,
related to acceptance of promotion by officers of Army
National Guard of United States or Army Reserve. See
section 14309 of this title.
Section 3395, act Aug. 10, 1956, ch. 1041, 70A Stat. 195,
related to appointment of reserve officers in time of
war. See section 14301 et seq. of this title.
Section 3396, added Pub. L. 96–513, title II, § 206(a),
Dec. 12, 1980, 94 Stat. 2884, provided that chapter, except
section 3353, did not apply to reserve officers on active-
duty list.
AMENDMENTS
2021—Pub. L. 116–283, § 1819(g), redesignated subsecs.
(i) and (j) of section 2326 of this title as subsecs. (a) and
(b), respectively, of this section and substituted ‘‘chap-
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 2304a [now 10 U.S.C. 3403], 2304b
[now 10 U.S.C. 3405], 2304c [now 10 U.S.C. 3406], or 2304d
[now 10 U.S.C. 3401] of title 10, United States Code, as
added by subsection (a), and nothing in the amend-
ments made by subsections (b) and (c) [amending
former sections 2304 of this title (now 10 U.S.C. 3201 et
seq.) and 2331 of this title (now 10 U.S.C. 4507)], shall be
construed as modifying or superseding, or as intended
to impair or restrict, authorities or responsibilities
under chapter 11 of title 40, United States Code.’’
§ 3401. Task and delivery order contracts: defini-
tions
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 pe-
riod of the contract.
(2) TASK ORDER CONTRACT.—The term ‘‘task
order contract’’ means a contract for serv-
ices—
(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 pe-
riod of the contract.
(Added Pub. L. 103–355, title I, § 1004(a)(1), Oct.
13, 1994, 108 Stat. 3253, § 2304d; renumbered § 3401
and amended Pub. L. 116–283, div. A, title XVIII,
§ 1820(b), Jan. 1, 2021, 134 Stat. 4191.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 1820(b)(1), (2), renumbered sec-
tion 2304d of this title as this section, substituted ‘‘In
this chapter’’ for ‘‘In sections 2304a, 2304b, and 2304c of
this title’’ in introductory provisions, and reversed
order and designations of pars. (1) and (2).
Par. (1). Pub. L. 116–283, § 1820(b)(3), inserted heading,
inserted dash after ‘‘for property’’, and reorganized re-
mainder of text of par. (1) into designated subpars. (A)
and (B).
Par. (2). Pub. L. 116–283, § 1820(b)(4), inserted heading,
inserted dash after ‘‘for services’’, and reorganized re-
mainder of text of par. (2) into designated subpars. (A)
and (B).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
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
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 su-
perseding, or as intended to impair or restrict, authori-
ties 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 this section.
§ 3403. Task and delivery order contracts: gen-
eral authority
(a) AUTHORITY TO AWARD.—Subject to the re-
quirements 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 fol-
lowing:
(1) The period of the contract, including the
number of options to extend the contract and
the period for which the contract may be ex-
tended 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 pro-
cured under the contract.
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
**(a) In General.—** Except as provided in sections 3203, 3204(a), and 3205 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services—
(1) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title and the Federal Acquisition Regulation; and
(2) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Determination of Appropriate Competitive Procedures.—** In determining the competitive procedure appropriate under the circumstances, the head of an agency—
(1) shall solicit sealed bids if—
(A) time permits the solicitation, submission, and evaluation of sealed bids;
(B) the award will be made on the basis of price and other price-related factors;
(C) it is not necessary to conduct discussions with the responding sources about their bids; and
(D) there is a reasonable expectation of receiving more than one sealed bid; and
(2) shall request competitive proposals if sealed bids are not appropriate under paragraph (1).
**(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government’s requirements.
**(d) Certain Purchases or Contracts to Be Treated as if Made With Sealed-bid Procedures.—** For the purposes of the following, purchases or contracts awarded after using procedures other than seale
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3201
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 3201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2420
TITLE 10—ARMED FORCES
§ 3201
‘‘(4) Elimination of contract provisions authorizing
the Government to make unilateral changes to con-
tracts.’’
ELIMINATION
OF
USE
OF
CLASS
I OZONE-DEPLETING
SUBSTANCES
IN
CERTAIN
MILITARY
PROCUREMENT
CONTRACTS
Pub. L. 102–484, div. A, title III, § 326, Oct. 23, 1992, 106
Stat. 2368, as amended by Pub. L. 104–106, div. A, title
XV, §§ 1502(c)(2)(A), 1504(c)(1), Feb. 10, 1996, 110 Stat. 506,
514; Pub. L. 106–65, div. A, title X, § 1067(8), Oct. 5, 1999,
113 Stat. 774; Pub. L. 113–291, div. A, title X, § 1071(b)(14),
Dec. 19, 2014, 128 Stat. 3508, provided that:
‘‘(a) ELIMINATION OF USE OF CLASS I OZONE-DEPLETING
SUBSTANCES.—(1) No Department of Defense contract
awarded after June 1, 1993, may include a specification
or standard that requires the use of a class I ozone-de-
pleting substance or that can be met only through the
use of such a substance unless the inclusion of the spec-
ification or standard in the contract is approved by the
senior acquisition official for the procurement covered
by the contract. The senior acquisition official may
grant the approval only if the senior acquisition offi-
cial determines (based upon the certification of an ap-
propriate technical representative of the official) that
a suitable substitute for the class I ozone-depleting
substance is not currently available.
‘‘(2)(A)(i) Not later than 60 days after the completion
of the first modification, amendment, or extension
after June 1, 1993, of a contract referred to in clause
(ii), the senior acquisition official (or the designee of
that official) shall carry out an evaluation of the con-
tract in order to determine—
‘‘(I) whether the contract includes a specification
or standard that requires the use of a class I ozone-
d
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3201
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3201. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** This chapter does not apply to the Coast Guard or the National Aeronautics and Space Administration.
**(b) Definitions.—** In this chapter:
(1) The term “undefinitized contractual action” means a new procurement action entered into by the head of an agency for which the contractual terms, specifications, or price are not agreed upon before performance is begun under the action. Such term does not include contractual actions with respect to the following:
(A) Purchases in an amount not in excess of the amount of the simplified acquisition threshold.
(B) Special access programs.
(C) Congressionally mandated long-lead procurement contracts.
(2) The term “qualifying proposal” means a proposal that contains sufficient information to enable the Department of Defense to conduct a meaningful audit of the information contained in the proposal.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3377
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3401
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 3401. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3401. This identifies an authority to review, not proof of applicability.
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. The source passage cites 10 U.S.C. § 3403. This identifies an authority to review, not proof of applicability.
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. § 3403
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3403. This identifies an authority to review, not proof of applicability.
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. The source passage cites 10 U.S.C. § 3405. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2480
TITLE 10—ARMED FORCES
§ 3405
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 pro-
vided under subparagraph (B), no task or delivery order
contract’’ for ‘‘No task or delivery order contract’’, re-
designated 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), respec-
tively, 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), re-
spectively, 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 con-
gressional defense committees within 30 days after any
determination under clause (i), (ii), (iii), or (iv) of sub-
paragraph (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 subpara-
graph (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 pe-
riod up to five years and may extend the contract pe-
riod for one or
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3405
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3405. This identifies an authority to review, not proof of applicability.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 3406. This identifies an authority to review, not proof of applicability.