II 

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. 

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’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) certain procedures for solicitation and 

4 award of task and delivery order contracts have been 

5 streamlined for Defense agencies through amend6 ments to Federal law made by— 

7 (A) section 825 of the National Defense 

8 Authorization Act for Fiscal Year 2017 (Public 

9 Law 114–328; 130 Stat. 2279); and 

10 (B) section 816 of the National Defense 

11 Authorization Act for Fiscal Year 2020 (Public 

12 Law 116–92; 133 Stat. 1487); and 

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

14 clarify that all Federal agencies and their contrac15 tors can benefit from the streamlined procedures for 

16 solicitation and award of task and delivery order 

17 contracts would align with the purpose of the Fed18 eral Acquisition Regulation to provide procurement 

19 procedures for use by all executive agencies that are 

20 standard, consistent, and conducted in a fair and 

21 impartial manner. 

22 SEC. 3. MULTIPLE-AWARD TASK AND DELIVERY ORDER SO23 LICITATION REQUIREMENTS. 

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

25 is amended— 


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1 (1) in the paragraph heading, by striking ‘‘AC2 QUIRED ON AN HOURLY RATE’’; 

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

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

5 similar services (including construction) to be ac6 quired’’; and 

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

8 SEC. 4. SINGLE-AWARD TASK AND DELIVERY ORDER CON9 TRACT REQUIREMENTS. 

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

11 is amended— 

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

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

14 provided under subparagraph (B), no task or deliv15 ery order contract’’; 

16 (2) by redesignating subparagraph (B) as sub17 paragraph (C); and 

18 (3) by inserting after subparagraph (A) the fol19 lowing new subparagraph: 

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

21 order contract in an amount estimated to ex22 ceed $100,000,000 (including all options) may 

23 be awarded to a single source without the writ24 ten determination otherwise required under sub25 paragraph (A) if the executive agency has made 


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•S 3626 RS

1 a written determination pursuant to section 

2 3304 of this title that procedures other than 

3 competitive procedures may be used for the 

4 awarding of such contract.’’. 

5 SECTION 1. SHORT TITLE. 

6 This Act may be cited as the ‘‘Conforming Procedures 

7 for Federal Task and Delivery Order Contracts Act of 

8 2024’’. 

9 SEC. 2. MULTIPLE-AWARD TASK AND DELIVERY ORDER SO10 LICITATION REQUIREMENTS. 

11 Section 3306(c) of title 41, United States Code, is 

12 amended— 

13 (1) in paragraph (3)— 

14 (A) in the paragraph heading, by striking 

15 ‘‘ACQUIRED ON AN HOURLY RATE’’; 

16 (B) by striking ‘‘for services to be acquired 

17 on an hourly rate basis’’ and inserting ‘‘for the 

18 same or similar services (including construction) 

19 to be acquired’’; and 

20 (C) by striking ‘‘based on hourly rates’’; 

21 and 

22 (2) in paragraph (4)— 

23 (A) by redesignating subparagraphs (C) 

24 and (D) as subparagraphs (D) and (E), respec25 tively; and 


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1 (B) by inserting after subparagraph (B) the 

2 following: 

3 ‘‘(C) the contracting officer has no reason to 

4 believe would likely offer other than fair and rea5 sonable pricing;’’. 

6 SEC. 3. SINGLE-AWARD TASK AND DELIVERY ORDER CON7 TRACT REQUIREMENTS. 

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

9 amended— 

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

11 delivery order contract’’ and inserting ‘‘Except as 

12 provided under subparagraph (B), no task or delivery 

13 order contract’’; 

14 (2) by redesignating subparagraph (B) as sub15 paragraph (C); and 

16 (3) by inserting after subparagraph (A) the fol17 lowing new subparagraph: 

18 ‘‘(B) EXCEPTION.—A task or delivery order 

19 contract in an amount estimated to exceed 

20 $100,000,000 (including all options) may be 

21 awarded to a single source without the written 

22 determination otherwise required under subpara23 graph (A) if the executive agency has made a 

24 written determination pursuant to section 3304 

25 of this title that procedures other than competiVerDate Sep 11 2014 23:52 Nov 13, 2024 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S3626.RS S3626

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1 tive procedures may be used for the awarding of 

2 such contract.’’. 


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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 


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