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Code · STATUTE-COMPILATIONS · William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 · Sec. 1820

Sec. 1820. TASK AND DELIVERY ORDER CONTRACTS

1,571 words·~7 min read·/statute-compilations/comps-16736/sec-1820

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## SEC. 1820 TASK AND DELIVERY ORDER CONTRACTS ###
(a)New Chapter **[**[10 U.S.C. 3401](/us/usc/t10/s3401)**]** Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232), is amended by striking chapter 245 and inserting the following: > > ## “CHAPTER 245 **TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)** > > **[**[10 U.S.C. 3401](/us/usc/t10/s3401)**]** > ###
(b)Transfer of Section 2304d ####
(1)Transfer Section 2304d of title 10, United States Code, is transferred to chapter 245 of such title, as amended by subsection (a), inserted after the table of sections, redesignated as section 3401, and amended by striking “In sections 2304a, 2304b, and 2304c of this title” and inserting “In this chapter”. ####
(2)Order of definition paragraphs Paragraphs
(1)and
(2)of such section 3401, as so transferred and redesignated, are reversed in order and redesignated accordingly. ####
(3)Amendments to new 3401(1) Paragraph
(1)of such section, as so redesignated, is amended— #####
(A)by inserting “Delivery order contract.—” before “The term”; #####
(B)by striking “ for property that does not ” and inserting > “for property— > > > ##### “(A) > > that does not” > ; and #####
(C)by striking “ quantity) and that provides for ” and inserting > “quantity); and > > > ##### “(B) > > that provides for” > . ####
(4)Amendments to new 3401(2) Paragraph
(2)of such section, as so redesignated, is amended— #####
(A)by inserting “Task order contract.—” before “The term”; #####
(B)by striking “ for services that does not ” and inserting > “for services— > > > ##### “(A) > > that does not” > ; and #####
(C)by striking “ quantity) and that provides for ” and inserting > “quantity); and > > > ##### “(B) > > that provides for” > . ###
(c)Transfer of Section 2304a ####
(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. ####
(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”. ####
(3)Amendments to new 3403(c) Subsection
(c)of such section, as so redesignated, is amended— #####
(A)by striking “ 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)”. ####
(4)Amendments to new 3403(d) Subsection
(d)of such section, as so redesignated, is amended— #####
(A)by striking “ Contract Awards.—(1) The head of an agency ” and inserting > “ Contract Awards.— > > > #### “(1) Exercise of authority > > The head of an agency” > . #####
(B)in paragraph (2)— ######
(i)by inserting “Determination not required.—” before “No determination”; and ######
(ii)by striking “section 2304(b)” and inserting “section 3203”; #####
(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 #####
(D)in paragraph (4), by inserting “Regulations.—” before “The regulations”. ####
(5)Amendments to new 3403(g) Subsection
(g)of such section, as so redesignated, is amended by striking “section 2304b” and inserting “section 3405”. ###
(d)Transfer of Section 2304b ####
(1)Transfer Section 2304b of title 10, United States Code, is transferred to chapter 245 of such title, as amended by subsection (a), inserted after section 3403, as transferred and redesignated by subsection (c), and redesignated as section 3405. ####
(2)Internal redesignations Subsections (a), (b), (c), (d), (e), (f), (g), (h), and
(i)of such section are redesignated as subsections (b), (c), (d), (e), (f), (g), (h), (i), and (a), respectively, and subsection (a), as so redesignated, is transferred to the beginning of such section so as to appear after the section heading. ####
(3)Amendments to new 3405(b) Subsection
(b)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”. ####
(4)Amendments to new 3405(e) Subsection
(e)of such section, as so redesignated, is amended— #####
(A)by striking “ and Contract.—(1) The solicitation ” and inserting > “ and Contract.— > > > #### “(1) Solicitation > > The solicitation” > ; #####
(B)by striking “section 2304a(b)” and inserting “section 3403(b)”; and #####
(C)by realigning paragraph
(2)2 ems to the right and inserting “Contract.—” in that paragraph before “A task order”. ####
(5)Amendments to new 3405(f) Subsection
(f)of such section, as so redesignated, is amended— #####
(A)by striking “ Multiple Awards.—(1) The head of an agency ” and inserting > “ Multiple Awards.— > > > #### “(1) Authority to make multiple awards > > The head of an agency” > . #####
(B)by realigning paragraphs
(2)and
(3)2 ems to the right; #####
(C)by inserting “Content of solicitation.—” in paragraph
(2)before “If, in the case of”; and #####
(D)by inserting “Nonapplication.—” in paragraph
(3)before “Paragraph
(2)does not”. ####
(6)Amendments to new 3405(g) Subsection
(g)of such section, as so redesignated, is amended— #####
(A)by striking “ Contract Modifications.—(1) A task order may not ” and inserting > “ Contract Modifications.— > > > #### “(1) Increase in scope, period, or maximum value of contract only by modification of contract > > A task order may not” > . #####
(B)by realigning paragraphs
(2)and
(3)2 ems to the right; #####
(C)in paragraph (2)— ######
(i)by inserting “Use of competitive procedures.—” before “Unless use of”; ######
(ii)by striking “subsection
(c)of section 2304” and inserting “subsection
(a)of section 3204”; and ######
(iii)by striking “subsection (f)” and inserting “subsection (e)”; and #####
(D)in paragraph (3), by inserting “Notice.—” before “Notice regarding”. ####
(7)Amendments to new 3405(h) Subsection
(h)of such section, as so redesignated, is amended— #####
(A)by striking “ Contract Extensions.—(1) Notwithstanding the limitation ” and inserting > “ Contract Extensions.— > > > #### “(1) When contract may be extended > > Notwithstanding the limitation” > ; #####
(B)in paragraph (1), by striking “subsection (b)” and “subsection (e)” and inserting “subsection (c)” and “subsection (f)”, respectively; and #####
(C)by realigning paragraph
(2)2 ems to the right and inserting “Limit of one extension.—” in that paragraph before “A task order contract”. ###
(e)Transfer of Section 2304c ####
(1)Transfer Section 2304c of title 10, United States Code, is transferred to chapter 245 of such title, as amended by subsection (a), inserted after section 3405, as transferred and redesignated by subsection (d), and redesignated as section 3406. ####
(2)Internal redesignations Subsections (a), (b), (c), (e), (f), and
(g)of such section are redesignated as subsections (b), (c), (e), (f), (g), and (a), respectively, subsection (a), as so redesignated, is transferred to the beginning of such section so as to appear after the section heading, and subsection (e), as so redesignated, is transferred within such section so as to appear after subsection (d). ####
(3)Amendments to new 3406(a) Subsection
(a)of such section, as so transferred and redesignated, is amended by striking “sections 2304a and 2304b” and inserting “sections 3403 and 3405”. ####
(4)Amendment to new 3406(b) Paragraph
(2)of subsection
(b)of such section, as so transferred and redesignated, is amended— #####
(A)by striking “subsection (b)” and inserting “subsection (c)”; and #####
(B)by striking “section 2304(f)” and inserting “section 3204(e)”. ####
(5)Amendments to new 3406(c) Subsection
(c)of such section, as so transferred and redesignated, is amended— #####
(A)by striking “section 2304a(d)(1) or 2304b(c)” and inserting “section 3403(d)(1)(B) or 3405(f)”; and #####
(B)by striking “section 2304(c)” in paragraph
(5)and inserting “section 3204(a)”. ####
(6)Amendments to new 3406(d) Subsection
(d)of such section is amended— #####
(A)by striking “subsection (b)” and inserting “subsection (c)”; and #####
(B)by striking “section 2305(b)(5)” in paragraph
(5)and inserting “section 3304”. ####
(7)Amendments to new 3406(g) Subsection
(g)of such section is amended— #####
(A)by striking “ Ombudsman.—Each head of an agency ” and inserting > “ Ombudsman.— > > > #### “(1) Appointment or designation and responsibilities > > Each head of an agency” > . #####
(B)by striking “section 2304a(d)(1)(B) or 2304b(e)” and inserting “section 3403(d)(1)(B) or 3405(f)”; #####
(C)by striking “subsection (b)” and inserting “subsection (c)”; and #####
(D)by designating the second sentence as paragraph
(2)and inserting “Who is eligible.—” in that paragraph before “The task and delivery order”.
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Sec. 1820
TASK AND DELIVERY ORDER CONTRACTS
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