§ 3403. Task and delivery order contracts: general authority

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–355 title I § 1004(a)(1) · 108 Stat. 3243

   Enacted · 10 U.S.C. § 3403

   Added Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3249, § 2304a

   Source evidence

   Code source credit
   Added Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3249, § 2304a

   Enacted provision · exact public law section
   (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2304 the following new sections: “§2304a. Task and delivery order contracts: general authority “(a) Authority To Award.— Subject to the requirements of this section, section 2304c 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 2304d of this title) for procurement of services or property. “(b) Solicitation.— The solicitation for a task or delivery order contract shall include the following: “(1) The period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option, if any. “(2) The maximum quantity or dollar value of the services or property to be procured under the contract. “(3) A statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract. “(c) Applicability of Restriction on Use of Noncompetitive Procedures.— The head of an agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if an exception in subsection (c) of section 2304 of this title applies to the contract and the use of such procedures is approved in accordance with subsection (f) of such section. “(d) Single and Multiple Contract Awards.— (1) 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) No determination under section 2304(b) of this title is required for award of multiple task or delivery order contracts under paragraph (1)(B). “(3) 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) Inapplicability to Contracts for Advisory and Assistance Services.— Except as otherwise specifically provided in section 2304b of this title, this section does not apply to a task or delivery order contract for the procurement of advisory and assistance services (as defined in section 1105(g) of title 31). “(g) 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. “§2304b. Task order contracts: advisory and assistance services “(a) Authority To Award.— (1) Subject to the requirements of this section, section 2304c of this title, and other applicable law, the head of an agency may enter into a task order contract (as defined in section 2304d of this title) 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. “(b) 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. “(c) Content of Notice.— The notice required by section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)) 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 decide whether to request the solicitation and consider submitting an offer. “(d) Required Content of Solicitation and Contract.— (1) The solicitation for the proposed task order contract shall include the information (regarding services) described in section 2304a(b) of this title. “(2) A task order contract entered into under this section shall contain the same information that is required by paragraph (1) to be included in the solicitation of offers for that contract. “(e) Multiple Awards.— (1) The head of an agency may, on the basis of one solicitation, award separate task order contracts under this section for the same or similar services to two or more sources if the solicitation states that the head of the agency has the option to do so. “(2) If, in the case of a task order contract for advisory and assistance services to be entered into under this section, the contract period is to exceed three years and the contract amount is estimated to exceed $10,000,000 (including all options), the solicitation shall— “(A) provide for a multiple award authorized under paragraph (1); and “(B) include a statement that the head of the agency may also elect to award only one task order contract if the head of the agency determines in writing that only one of the offerers is capable of providing the services required at the level of quality required. “(3) Paragraph (2) does not apply in the case of a solicitation for which the head of the agency concerned determines in writing that, because the services required under the task order contract are unique or highly specialized, it is not practicable to award more than one contract. “(f) Contract Modifications.— (1) A task order may not increase the scope, period, or maximum value of the task 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. “(2) Unless use of procedures other than competitive procedures is Authorized by an exception in subsection (c) of section 2304 of this title and approved in accordance with subsection (f) of such section, competitive procedures shall be used for making such a modification. “(3) Notice regarding the modification shall be provided in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). “(g) Contract Extensions.— (1) Notwithstanding the limitation on the contract period set forth in subsection (b) or in a solicitation or contract pursuant to subsection (e), a task order contract entered into by the head of an agency under this section may be extended on a sole-source basis for a period not exceeding six months if the head of such agency determines that— “(A) the award of a follow-on contract has been delayed by circumstances that were not reasonably foreseeable at the time the initial contract was entered into; and “(B) the extension is necessary in order to ensure continuity of the receipt of services pending the award of, and commencement of performance under, the follow-on contract. “(2) A task order contract may be extended under the authority of paragraph (1) only once and only in accordance with the limitations and requirements of this subsection. “(h) Inapplicability to Certain Contracts.— This section does not apply to a contract for the acquisition of property or services that includes acquisition of advisory and assistance services if the head of an agency entering into such contract determines that, under the contract, advisory and assistance services are necessarily incident to, and not a significant component of, the contract. “(i) 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. “§2304c. Task and delivery order contracts: orders “(a) 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 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) or section 8(e) of the Small Business Act (15 U.S.C. 637(e)). “(2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with section 2304(f) of this title) that is separate from that used for entering into the contract. “(b) Multiple Award Contracts.— When multiple task or delivery order contracts are awarded under section 2304a(d)(1)(B) or 2304b(e) 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; or “(4) it is necessary to place the order with a particular contractor in order to satisfy a minimum guarantee. “(c) 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. “(d) Protests.— A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued. “(e) Task and Delivery Order Ombudsman.— Each head of an agency who awards multiple task or delivery order contracts pursuant to section 2304a(d)(1)(B) or 2304b(e) 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 (b). 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. “(f) Applicability.— This section applies to task and delivery order contracts entered into under sections 2304a and 2304b of this title. “§2304d. Task and delivery order contracts: definitions “In sections 2304a, 2304b, and 2304c of this title: “(1) The term ‘task order contract’ means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract. “(2) The term ‘delivery order contract’ means a contract for property that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of property during the period of the contract.”.

2. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title VIII § 843(b) · 117 Stat. 1392

   1. Added · 10 U.S.C. § 3403(f)(h)

      Pub. L. 108–136 added subsec. (f)

   2. Redesignated · 10 U.S.C. § 3403(f)(h)

      Pub. L. 108–136 redesignated former subsecs. (f) and (g) as (g) and (h), respectively

   Source evidence

   Code amendment note
   Subsecs. (f) to (h). Pub. L. 108–136 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

   Enacted provision · exact public law section
   (b) Contract Period.— Section 2304a of such title is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection (f): “(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 a total period of not more than five years.” .

3. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title VIII § 813(a) · 118 Stat. 1811

   Substituted · 10 U.S.C. § 3403(f)

   Pub. L. 108–375 substituted “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” for “a total period of not more than five years”

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 108–375 substituted “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” for “a total period of not more than five years”.

   Enacted provision · exact public law section
   (a) Revised Maximum Period.— Section 2304a(f) of title 10, United States Code, is amended by striking “a total period of not more than five years.” and inserting “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.”.

4. 2008

   Acquisition Improvement and Accountability Act of 2007

   Pub. L. 110–181 div. A title VIII § 843(a)(1) · 122 Stat. 3

   1. Added · 10 U.S.C. § 3403(d)(3); 10 U.S.C. § 3403(d)(4)

      Pub. L. 110–181 added par. (3)

   2. Redesignated · 10 U.S.C. § 3403(d)(3); 10 U.S.C. § 3403(d)(4)

      Pub. L. 110–181 redesignated former par. (3) as (4)

   Source evidence

   Code amendment note
   Subsec. (d)(3), (4). Pub. L. 110–181 added par. (3) and redesignated former par. (3) as (4).

   Enacted provision · exact public law section
   (1) Limitation on single award contracts.— Section 2304a(d) of title 10, United States Code, is amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph (3): “(3) (A) 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 reasonably 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) The head of the agency shall notify Congress within 30 days after any determination under subparagraph (A)(iv).” .

5. 2009

   National Defense Authorization Act for Fiscal Year 2010

   Pub. L. 111–84 div. A title VIII § 814(a) · 123 Stat. 2190

   Amended · 10 U.S.C. § 3403(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 subparagraph (A)(iv).”

   Source evidence

   Code amendment note
   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 subparagraph (A)(iv).”

   Enacted provision · exact public law section
   (a) Congressional Defense Committees.— Subparagraph (B) of section 2304a(d)(3) of title 10, United States Code, is amended to read as follows: “(B) Deadline. The head of the agency shall notify the congressional defense committees within 30 days after any determination under clause (i), (ii), (iii), or (iv) of subparagraph (A).” .

6. 2011

   National Defense Authorization Act for Fiscal Year 2012

   Pub. L. 112–81 div. A title VIII § 809(b) · 125 Stat. 1298

   1. Struck · 10 U.S.C. § 3403(d)(3)

      Pub. L. 112–81 struck out subpar. (A) designation before “No task”

   2. Redesignated · 10 U.S.C. § 3403(d)(3)

      Pub. L. 112–81 redesignated cls. (i) to (iv) of former subpar. (A) as subpars. (A) to (D), respectively, of par. (3)

   3. Redesignated · 10 U.S.C. § 3403(d)(3)

      Pub. L. 112–81 redesignated subcls. (I) and (II) of former cl. (ii) as cls. (i) and (ii), respectively, of subpar. (B)

   4. Struck · 10 U.S.C. § 3403(d)(3)

      Pub. L. 112–81 struck out former subpar. (B) which read as follows: “The head of the agency shall notify the congressional defense committees within 30 days after any determination under clause (i), (ii), (iii), or (iv) of subparagraph (A).”

   Source evidence

   Code amendment note
   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), respectively, 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 congressional defense committees within 30 days after any determination under clause (i), (ii), (iii), or (iv) of subparagraph (A).”

   Enacted provision · exact public law section
   (b) Repeal of Case-by-Case Reporting Requirement.— Section 2304a(d)(3) of title 10, United States Code, is amended— (1) by striking subparagraph (B); (2) by striking “(A)”; (3) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively; and (4) in subparagraph (B), as redesignated by paragraph (3), by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively.

7. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 816 · 132 Stat. 1636

   Substituted · 10 U.S.C. § 3403(d)(3)(A)

   Pub. L. 115–232 substituted “efficiently perform the work” for “reasonably perform the work”

   Source evidence

   Code amendment note
   Subsec. (d)(3)(A). Pub. L. 115–232 substituted “efficiently perform the work” for “reasonably perform the work”.

   Enacted provision · exact public law section
   SEC. 816. MODIFICATION OF LIMITATIONS ON SINGLE SOURCE TASK OR DELIVERY ORDER CONTRACTS.   Section 2304a(d)(3)(A) of title 10, United States Code, is amended by striking “reasonably perform the work” and inserting “efficiently perform the work”.

8. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title VIII § 816 · 133 Stat. 1198

   1. Amended · 10 U.S.C. § 3403(d)(3)

      Pub. L. 116–92 designated existing provisions as subpar. (A)

   2. Substituted · 10 U.S.C. § 3403(d)(3)

      Pub. L. 116–92 substituted “Except as provided under subparagraph (B), no task or delivery order contract” for “No task or delivery order contract”

   3. Redesignated · 10 U.S.C. § 3403(d)(3)

      Pub. L. 116–92 redesignated former subpars. (A) to (D) as cls. (i) to (iv), respectively, of subpar. (A)

   4. Redesignated · 10 U.S.C. § 3403(d)(3)

      Pub. L. 116–92 redesignated cls. (i) and (ii) of former subpar. (B) as subcls. (I) and (II), respectively, of subpar. (A)(ii)

   5. Added · 10 U.S.C. § 3403(d)(3)

      Pub. L. 116–92 added subpar. (B)

   Source evidence

   Code amendment note
   Subsec. (d)(3). Pub. L. 116–92 designated existing provisions as subpar. (A), substituted “Except as provided under subparagraph (B), no task or delivery order contract” for “No task or delivery order contract”, redesignated 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), respectively, of subpar. (A)(ii), and added subpar. (B).

   Enacted provision · exact public law section
   SEC. 816. MODIFICATION OF WRITTEN APPROVAL REQUIREMENT FOR TASK AND DELIVERY ORDER SINGLE CONTRACT AWARDS.   Section 2304a(d)(3) of title 10, United States Code, is amended— (1) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (2) by redesignating subparagraphs (A), (B), (C), and (D) as clauses (i), (ii), (iii), and (iv), respectively; (3) by striking “No task or delivery order contract” and inserting “(A) Except as provided under subparagraph (B), no task or delivery order contract”; and (4) by adding at the end the following new subparagraph: “(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 2304(c) of this title that procedures other than competitive procedures may be used for the awarding of such contract.” .

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(c)(1) · 134 Stat. 3388

   Changed · 10 U.S.C. § 3403

   Pub. L. 116–283, § 1820(c)(1), renumbered section 2304a of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1820(c)(1), renumbered section 2304a of this title as this section.

   Enacted provision · exact public law section
   (1) Transfer.— Section 2304a of title 10, United States Code, is transferred to chapter 245 of such title, as amended by subsection (a), inserted after section 3401, as transferred and redesignated by subsection (b), and redesignated as section 3403.

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(c)(2) · 134 Stat. 3388

    1. Substituted · 10 U.S.C. § 3403(a)

       Pub. L. 116–283, § 1820(c)(2), substituted “section 3406” for “section 2304c”

    2. Substituted · 10 U.S.C. § 3403(a)

       Pub. L. 116–283, § 1820(c)(2), substituted “section 3401” for “section 2304d”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 116–283, § 1820(c)(2), substituted “section 3406” for “section 2304c” and “section 3401” for “section 2304d”.

    Enacted provision · exact public law section
    (2) Amendments to new 3403(a).— Subsection (a) of such section, as so redesignated, is amended— (A) by striking “section 2304c” and inserting “section 3406”; and (B) by striking “section 2304d” and inserting “section 3401”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

11. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(c)(3) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 3403(c)

       Pub. L. 116–283, § 1820(c)(3), as amended by Pub. L. 117–81, § 1701(b)(8)(B)

    2. Inserted · 10 U.S.C. § 3403(c)

       Pub. L. 116–283, § 1820(c)(3), as inserted dash after “only if”, reorganized remainder of text of subsec. (c) into designated pars. (1) and (2)

    3. Substituted · 10 U.S.C. § 3403(c)

       Pub. L. 116–283, § 1820(c)(3), as substituted “subsection (a) of section 3204” for “subsection (c) of section 2304”

    4. Substituted · 10 U.S.C. § 3403(c)

       Pub. L. 116–283, § 1820(c)(3), as substituted “subsection (e)” for “subsection (f)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 116–283, § 1820(c)(3), as amended by Pub. L. 117–81, § 1701(b)(8)(B), inserted dash after “only if”, reorganized remainder of text of subsec. (c) into designated pars. (1) and (2), and substituted “subsection (a) of section 3204” for “subsection (c) of section 2304” and “subsection (e)” for “subsection (f)”.

    Enacted provision · exact public law section
    (3) Amendments to new 3403(c).— Subsection (c) of such section, as so redesignated, is amended— (A) by striking “section only if an exception” and inserting “only if— “(1) an exception” ; (B) by striking “subsection (c) of section 2304” and inserting “subsection (a) of section 3204”; (C) by striking “the contract and the use of such” and inserting “the contract; and “(2) the use of such” ; and (D) by striking “subsection (f)” and inserting “subsection (e)”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

12. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(c)(4)(A) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 3403(d)(1)

    Pub. L. 116–283, § 1820(c)(4)(A), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 116–283, § 1820(c)(4)(A), inserted heading.

    Enacted provision · exact public law section
    (A) by striking “Contract Awards.—(1) The head of an agency” and inserting “ Contract Awards. — “(1) Exercise of authority.— The head of an agency” .

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(c)(4)(B) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 3403(d)(2)

       Pub. L. 116–283, § 1820(c)(4)(B), inserted heading

    2. Substituted · 10 U.S.C. § 3403(d)(2)

       Pub. L. 116–283, § 1820(c)(4)(B), substituted “section 3203” for “section 2304(b)”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 116–283, § 1820(c)(4)(B), inserted heading and substituted “section 3203” for “section 2304(b)”.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) by inserting “Determination not required.—” before “No determination”; and (ii) by striking “section 2304(b)” and inserting “section 3203”;

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

14. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(c)(4)(C) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 3403(d)(3)

       Pub. L. 116–283, § 1820(c)(4)(C), inserted heading

    2. Substituted · 10 U.S.C. § 3403(d)(3)

       Pub. L. 116–283, § 1820(c)(4)(C), substituted “section 3204(a)” for “section 2304(c)” in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 116–283, § 1820(c)(4)(C), inserted heading and substituted “section 3204(a)” for “section 2304(c)” in subpar. (B).

    Enacted provision · exact public law section
    (C) in paragraph (3)— (i) by striking “(A) Except as” and inserting “When Single Source Awards for Task or Delivery Order Contracts Exceeding $100,000,000 Are Allowed.—(A) Except as”; and (ii) in subparagraph (B), by striking “section 2304(c)” and inserting “section 3204(a)”; and

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

15. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(c)(4)(D) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 3403(d)(4)

    Pub. L. 116–283, § 1820(c)(4)(D), inserted heading

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 116–283, § 1820(c)(4)(D), inserted heading.

    Enacted provision · exact public law section
    (D) in paragraph (4), by inserting “Regulations.—” before “The regulations”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

16. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(c)(5) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 3403(g)

    Pub. L. 116–283, § 1820(c)(5), substituted “section 3405” for “section 2304b”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–283, § 1820(c)(5), substituted “section 3405” for “section 2304b”.

    Enacted provision · exact public law section
    (5) Amendments to new 3403(g).— Subsection (g) of such section, as so redesignated, is amended by striking “section 2304b” and inserting “section 3405”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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.

31 of 31 references resolved to an enrolled provision