II 

118TH CONGRESS 

2D SESSION S. 3626 

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 

A BILL 

To clarify task and delivery order solicitation and contract 

requirements. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Conforming Proce5 dures for Federal Task and Delivery Order Contracts Act 

6 of 2024’’. 

7 SEC. 2. SENSE OF CONGRESS. 

8 It is the sense of Congress that— 

9 (1) certain procedures for solicitation and 

10 award of task and delivery order contracts have been 


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1 streamlined for Defense agencies through amend2 ments to Federal law made by— 

3 (A) section 825 of the National Defense 

4 Authorization Act for Fiscal Year 2017 (Public 

5 Law 114–328; 130 Stat. 2279); and 

6 (B) section 816 of the National Defense 

7 Authorization Act for Fiscal Year 2020 (Public 

8 Law 116–92; 133 Stat. 1487); and 

9 (2) amending title 41, United States Code, to 

10 clarify that all Federal agencies and their contrac11 tors can benefit from the streamlined procedures for 

12 solicitation and award of task and delivery order 

13 contracts would align with the purpose of the Fed14 eral Acquisition Regulation to provide procurement 

15 procedures for use by all executive agencies that are 

16 standard, consistent, and conducted in a fair and 

17 impartial manner. 

18 SEC. 3. MULTIPLE-AWARD TASK AND DELIVERY ORDER SO19 LICITATION REQUIREMENTS. 

20 Section 3306(c)(3) of title 41, United States Code, 

21 is amended— 

22 (1) in the paragraph heading, by striking ‘‘AC23 QUIRED ON AN HOURLY RATE’’; 

24 (2) by striking ‘‘for services to be acquired on 

25 an hourly rate basis’’ and inserting ‘‘for the same or 


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1 similar services (including construction) to be ac2 quired’’; and 

3 (3) by striking ‘‘based on hourly rates’’. 

4 SEC. 4. SINGLE-AWARD TASK AND DELIVERY ORDER CON5 TRACT REQUIREMENTS. 

6 Section 4103(d)(3) of title 41, United States Code, 

7 is amended— 

8 (1) in subparagraph (A), by striking ‘‘No task 

9 or delivery order contract’’ and inserting ‘‘Except as 

10 provided under subparagraph (B), no task or deliv11 ery order contract’’; 

12 (2) by redesignating subparagraph (B) as sub13 paragraph (C); and 

14 (3) by inserting after subparagraph (A) the fol15 lowing new subparagraph: 

16 ‘‘(B) EXCEPTION.—A task or delivery 

17 order contract in an amount estimated to ex18 ceed $100,000,000 (including all options) may 

19 be awarded to a single source without the writ20 ten determination otherwise required under sub21 paragraph (A) if the executive agency has made 

22 a written determination pursuant to section 

23 3304 of this title that procedures other than 


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1 competitive procedures may be used for the 

2 awarding of such contract.’’. 

Æ 


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