10 U.S.C. § 3405 | Task order contracts: advisory and assistance services

(a)

Advisory and Assistance Services Defined .—

section 1105(g) of title 31In this section, the term “advisory and assistance services” has the meaning given such term in .

(b)

Authority To Award .—

(1)

section 3406 of this title section 3401 of this title Subject to the requirements of this section, , and other applicable law, the head of an agency may enter into a task order contract (as defined in ) for procurement of advisory and assistance services.

(2)

The head of an agency may enter into a task order contract for procurement of advisory and assistance services only under the authority of this section.

(c)

Limitation on Contract Period .—

The period of a task order contract entered into under this section, including all periods of extensions of the contract under options, modifications, or otherwise, may not exceed five years unless a longer period is specifically authorized in a law that is applicable to such contract.

(d)

Content of Notice .—

section 1708 of title 41 15 U.S.C. 637(e)The notice required by and section 8(e) of the Small Business Act () shall reasonably and fairly describe the general scope, magnitude, and duration of the proposed task order contract in a manner that would reasonably enable a potential offeror to decide whether to request the solicitation and consider submitting an offer.

(e)

Required Content of Solicitation and Contract.—

(1)

Solicitation .—

section 3403(b) of this titleThe solicitation for the proposed task order contract shall include the information (regarding services) described in .

(2)

Contract .—

A task order contract entered into under this section shall contain the same information that is required by paragraph (1) to be included in the solicitation of offers for that contract.

(f)

Multiple Awards.—

(1)

Authority to make multiple awards .—

The head of an agency may, on the basis of one solicitation, award separate task order contracts under this section for the same or similar services to two or more sources if the solicitation states that the head of the agency has the option to do so.

(2)

Content of solicitation .—

If, in the case of a task order contract for advisory and assistance services to be entered into under this section, the contract period is to exceed three years and the contract amount is estimated to exceed $10,000,000 (including all options), the solicitation shall—

(A)

provide for a multiple award authorized under paragraph (1); and

(B)

include a statement that the head of the agency may also elect to award only one task order contract if the head of the agency determines in writing that only one of the offerers is capable of providing the services required at the level of quality required.

(3)

Nonapplication .—

Paragraph (2) does not apply in the case of a solicitation for which the head of the agency concerned determines in writing that, because the services required under the task order contract are unique or highly specialized, it is not practicable to award more than one contract.

(g)

Contract Modifications.—

(1)

Increase in scope, period, or maximum value of contract only by modification of contract .—

A task order may not increase the scope, period, or maximum value of the task order contract under which the order is issued. The scope, period, or maximum value of the contract may be increased only by modification of the contract.

(2)

Use of competitive procedures .—

section 3204 of this titleUnless use of procedures other than competitive procedures is authorized by an exception in subsection (a) of and approved in accordance with subsection (e) of such section, competitive procedures shall be used for making such a modification.

(3)

Notice .—

section 1708 of title 41 15 U.S.C. 637(e)Notice regarding the modification shall be provided in accordance with and section 8(e) of the Small Business Act ().

(h)

Contract Extensions.—

(1)

When contract may be extended .—

Notwithstanding the limitation on the contract period set forth in subsection (c) or in a solicitation or contract pursuant to subsection (f), a task order contract entered into by the head of an agency under this section may be extended on a sole-source basis for a period not exceeding six months if the head of such agency determines that—

(A)

the award of a follow-on contract has been delayed by circumstances that were not reasonably foreseeable at the time the initial contract was entered into; and

(B)

the extension is necessary in order to ensure continuity of the receipt of services pending the award of, and commencement of performance under, the follow-on contract.

(2)

Limit of one extension .—

A task order contract may be extended under the authority of paragraph (1) only once and only in accordance with the limitations and requirements of this subsection.

(i)

Inapplicability to Certain Contracts .—

This section does not apply to a contract for the acquisition of property or services that includes acquisition of advisory and assistance services if the head of an agency entering into such contract determines that, under the contract, advisory and assistance services are necessarily incident to, and not a significant component of, the contract.

Pub. L. 103–355, title I, § 1004(a)(1)Oct. 13, 1994108 Stat. 3251 Pub. L. 111–350, § 5(b)(13)Jan. 4, 2011124 Stat. 3843 Pub. L. 116–283, div. A, title XVIII, § 1820(d)Jan. 1, 2021134 Stat. 4192 Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(C)Dec. 27, 2021135 Stat. 2133(Added , , , § 2304b; amended , , ; renumbered § 3405 and amended , , ; , , .)

Editorial Notes

Amendments

Pub. L. 116–283, § 1820(d)(1)section 2304b of this title2021—, (2), renumbered as this section, moved subsec. (i) to the beginning of the section and redesignated it as (a), and redesignated former subsecs. (a) to (h) as (b) to (i), respectively.

Pub. L. 116–283, § 1820(d)(3)Subsec. (b)(1). , substituted “section 3406” for “section 2304c” and “section 3401” for “section 2304d”.

Pub. L. 116–283, § 1820(d)(4)(A)Pub. L. 117–81, § 1701(b)(8)(C)Subsec. (e). , (B), as amended by , inserted par. headings, substituted “section 3403(b)” for “section 2304a(b)” in par. (1), and realigned margin of par. (2).

Pub. L. 116–283, § 1820(d)(5)Subsec. (f). , inserted par. headings and realigned margins of pars. (2) and (3).

Pub. L. 116–283, § 1820(d)(6)(A)Subsec. (g)(1). , inserted heading.

Pub. L. 116–283, § 1820(d)(6)(B)Subsec. (g)(2). , (C), inserted heading, realigned margin, and substituted “subsection (a) of section 3204” for “subsection (c) of section 2304” and “subsection (e)” for “subsection (f)”.

Pub. L. 116–283, § 1820(d)(6)(B)Subsec. (g)(3). , (D), inserted heading and realigned margin.

Pub. L. 116–283, § 1820(d)(7)(A)Subsec. (h)(1). , (B), inserted heading, and substituted “subsection (c)” for “subsection (b)” and “subsection (f)” for “subsection (e)”.

Pub. L. 116–283, § 1820(d)(7)(C)Subsec. (h)(2). , inserted heading and realigned margin.

Pub. L. 111–350 section 1708 of title 41 41 U.S.C. 4162011—Subsecs. (c), (f)(3). substituted “” for “section 18 of the Office of Federal Procurement Policy Act ()”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(2) of Pub. L. 117–81 section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

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

Effective Date

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

Pub. L. 103–355Provisions Not Affected by

40 U.S.C. 759 section 1004(d) of Pub. L. 103–355 section 3401 of this titleThis section not to be construed as modifying or superseding, or as intended to impair or restrict, authorities or responsibilities under former or chapter 11 of Title 40, Public Buildings, Property, and Works, see , set out as a note preceding .