
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2304a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 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.

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

                          Codification

    Another section 2304a was renumbered section 2304e 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 251 of Title 41, Public Contracts.


               Provisions Not Affected by Pub. L. 103-355

    Section 1004(d) of Pub. L. 103-355 provided that: ``Nothing in 
section 2304a, 2304b, 2304c, or 2304d of title 10, United States Code, 
as added by subsection (a), and nothing in the amendments made by 
subsections (b) and (c) [amending sections 2304 and 2331 of this title], 
shall be construed as modifying or superseding, or as intended to impair 
or restrict, authorities or responsibilities under--
        ``(1) the Brooks Automatic Data Processing Act (section 111 of 
    the Federal Property and Administrative Services Act of 1949 
    ([former] 40 U.S.C. 759)); and
        ``(2) the Brooks Architect-Engineers Act (title IX of the 
    Federal Property and Administrative Services Act of 1949 (40 U.S.C. 
    541 et seq.)).''

                  Section Referred to in Other Sections

    This section is referred to in sections 2304b, 2304c, 2304d of this 
title.
