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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3626 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 556
118th CONGRESS
  2d Session
                                S. 3626

                          [Report No. 118-242]

     To clarify task and delivery order solicitation and contract 
                             requirements.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 18, 2024

 Mr. Peters (for himself and Ms. Ernst) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                           November 13, 2024

               Reported by Mr. Peters, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
     To clarify task and delivery order solicitation and contract 
                             requirements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Conforming Procedures for 
Federal Task and Delivery Order Contracts Act of 2024''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that--</DELETED>
        <DELETED>    (1) certain procedures for solicitation and award 
        of task and delivery order contracts have been streamlined for 
        Defense agencies through amendments to Federal law made by--
        </DELETED>
                <DELETED>    (A) section 825 of the National Defense 
                Authorization Act for Fiscal Year 2017 (Public Law 114-
                328; 130 Stat. 2279); and</DELETED>
                <DELETED>    (B) section 816 of the National Defense 
                Authorization Act for Fiscal Year 2020 (Public Law 116-
                92; 133 Stat. 1487); and</DELETED>
        <DELETED>    (2) amending title 41, United States Code, to 
        clarify that all Federal agencies and their contractors can 
        benefit from the streamlined procedures for solicitation and 
        award of task and delivery order contracts would align with the 
        purpose of the Federal Acquisition Regulation to provide 
        procurement procedures for use by all executive agencies that 
        are standard, consistent, and conducted in a fair and impartial 
        manner.</DELETED>

<DELETED>SEC. 3. MULTIPLE-AWARD TASK AND DELIVERY ORDER SOLICITATION 
              REQUIREMENTS.</DELETED>

<DELETED>    Section 3306(c)(3) of title 41, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in the paragraph heading, by striking 
        ``acquired on an hourly rate'';</DELETED>
        <DELETED>    (2) by striking ``for services to be acquired on 
        an hourly rate basis'' and inserting ``for the same or similar 
        services (including construction) to be acquired''; 
        and</DELETED>
        <DELETED>    (3) by striking ``based on hourly 
        rates''.</DELETED>

<DELETED>SEC. 4. SINGLE-AWARD TASK AND DELIVERY ORDER CONTRACT 
              REQUIREMENTS.</DELETED>

<DELETED>    Section 4103(d)(3) of title 41, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``No task or 
        delivery order contract'' and inserting ``Except as provided 
        under subparagraph (B), no task or delivery order 
        contract'';</DELETED>
        <DELETED>    (2) by redesignating subparagraph (B) as 
        subparagraph (C); and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (A) the 
        following new subparagraph:</DELETED>
                <DELETED>    ``(B) Exception.--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 executive agency 
                has made a written determination pursuant to section 
                3304 of this title that procedures other than 
                competitive procedures may be used for the awarding of 
                such contract.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conforming Procedures for Federal 
Task and Delivery Order Contracts Act of 2024''.

SEC. 2. MULTIPLE-AWARD TASK AND DELIVERY ORDER SOLICITATION 
              REQUIREMENTS.

    Section 3306(c) of title 41, United States Code, is amended--
            (1) in paragraph (3)--
                    (A) in the paragraph heading, by striking 
                ``acquired on an hourly rate'';
                    (B) by striking ``for services to be acquired on an 
                hourly rate basis'' and inserting ``for the same or 
                similar services (including construction) to be 
                acquired''; and
                    (C) by striking ``based on hourly rates''; and
            (2) in paragraph (4)--
                    (A) by redesignating subparagraphs (C) and (D) as 
                subparagraphs (D) and (E), respectively; and
                    (B) by inserting after subparagraph (B) the 
                following:
                    ``(C) the contracting officer has no reason to 
                believe would likely offer other than fair and 
                reasonable pricing;''.

SEC. 3. SINGLE-AWARD TASK AND DELIVERY ORDER CONTRACT REQUIREMENTS.

    Section 4103(d)(3) of title 41, United States Code, is amended--
            (1) in subparagraph (A), by striking ``No task or delivery 
        order contract'' and inserting ``Except as provided under 
        subparagraph (B), no task or delivery order contract'';
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) Exception.--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 executive agency 
                has made a written determination pursuant to section 
                3304 of this title that procedures other than 
                competitive procedures may be used for the awarding of 
                such contract.''.
                                                       Calendar No. 556

118th CONGRESS

  2d Session

                                S. 3626

                          [Report No. 118-242]

_______________________________________________________________________

                                 A BILL

     To clarify task and delivery order solicitation and contract 
                             requirements.

_______________________________________________________________________

                           November 13, 2024

                       Reported with an amendment
```