U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART V— ACQUISITION › Subpart Subpart C— Contracting Methods and Contract Types › Chapter CHAPTER 245— TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS)

10 U.S.C. § 3401

Task and delivery order contracts: definitions

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In this chapter:(1)Delivery order contract.—The term “delivery order contract” means a contract for property—(A) that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity); and(B) that provides for the issuance of orders for the delivery of property during the period of the contract.(2)Task order contract.—The term “task order contract” means a contract for services—(A) that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity); and(B) that provides for the issuance of orders for the performance of tasks during the period of the contract.(Added Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3253, § 2304d; renumbered § 3401 and amended Pub. L. 116–283, div. A, title XVIII, § 1820(b), Jan. 1, 2021, 134 Stat. 4191.)Editorial NotesAmendments

2021—Pub. L. 116–283, § 1820(b)(1), (2), renumbered section 2304d of this title as this section, substituted “In this chapter” for “In sections 2304a, 2304b, and 2304c of this title” in introductory provisions, and reversed order and designations of pars. (1) and (2).

Par. (1). Pub. L. 116–283, § 1820(b)(3), inserted heading, inserted dash after “for property”, and reorganized remainder of text of par. (1) into designated subpars. (A) and (B).

Par. (2). Pub. L. 116–283, § 1820(b)(4), inserted heading, inserted dash after “for services”, and reorganized remainder of text of par. (2) into designated subpars. (A) and (B).

Statutory Notes and Related SubsidiariesEffective Date of 2021 Amendment

Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

For effective date and applicability of section, see section 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 8752 of this title.

Provisions Not Affected by Pub. L. 103–355

This section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former 40 U.S.C. 759 or chapter 11 of Title 40, Public Buildings, Property, and Works, see section 1004(d) of Pub. L. 103–355, set out as a note preceding this section.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2025–2025 · leading case: Red River Sci. & Tech., LLC v. United States, No. 24-2035 (Fed. Cl. June 18, 2025).
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Red River Sci. & Tech., LLC v. United States, No. 24-2035 (Fed. Cl. June 18, 2025). · cites it 2× “” See 10 U.S.C. §§ 3401 (2), 3403, 3406(a)(1). A task order contract is a “contract for services” that provides for service orders instead of “procur[ing] or specify[ing] a firm quantity of services.”
Wsp USA Solutions Inc. v. Sec'y of the Army, No. 23-1256 (Fed. Cir. Feb. 21, 2025). “”)); see also 10 U.S.C. § 3401 (b). That is, a re- quirements contract, does not, on its own, create any obli- gations for the contracting parties to perform the contracted tasks or remit compensation for such perfor- mance.”
Siemens Gov't Tech., Inc. v. United States, No. 22-698 (Fed. Cl. Apr. 15, 2025). “FASA neither defines ‘proposed issuance,’ see 10 U.S.C. § 3401 , nor seemingly has the Federal Circuit defined the phrase.”
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