II Calendar No. 556 118th CONGRESS 2d Session S. 3626 [Report No. 118–242] 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. Short title This Act may be cited as the Conforming Procedures for Federal Task and Delivery Order Contracts Act of 2024 . 2. Sense of Congress It is the sense of Congress that— (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— (A) section 825 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2279); and (B) section 816 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 1487); and (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. 3. Multiple-award task and delivery order solicitation requirements Section 3306(c)(3) of title 41, United States Code, is amended— (1) in the paragraph heading, by striking acquired on an hourly rate ; (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 (3) by striking based on hourly rates . 4. 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. .

1. Short title This Act may be cited as the Conforming Procedures for Federal Task and Delivery Order Contracts Act of 2024 . 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; . 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. .

November 13, 2024 Reported with an amendment