10 U.S.C. § 3405 — Task order contracts: advisory and assistance services
submitted 32 years ago by Pub. L. 103-355 to r/title-10-ARMED-FORCES · 861 words · no verdicts yet
An agency head may use a task-order contract to obtain advisory and assistance services, subject to stated time, notice, solicitation, competition, modification, and extension rules. The section does not cover contracts where those services are only incidental.
(a) “Advisory and assistance services” has the meaning given in section 1105(g) of title 31; this section does not define that term. (b)(1) Subject to this section, section 3406, and other law, an agency head may enter a task-order contract, as defined in section 3401, to obtain those services. (2) The agency head may do so only under this section. (c) The contract, including extensions under options, modifications, or otherwise, may last no more than 5 years unless an applicable law specifically allows more. (d) The notice required by section 1708 of title 41 and section 8(e) of the Small Business Act must fairly and reasonably describe the proposed contract’s general scope, size, and duration so a potential offeror can decide whether to request the solicitation and offer. (e)(1) The solicitation must include the service information described in section 3403(b). (2) The contract must contain the same information required in the solicitation. (f)(1) One solicitation may lead to separate contracts for the same or similar services with two or more sources if the solicitation says the agency head may do this. (2) If the contract will last more than 3 years and is estimated above $10,000,000 including options, the solicitation must provide for multiple awards and must say the agency head may award only one contract if, in writing, only one offeror can provide the required services at the required quality. (3) This requirement does not apply if the agency head determines in writing that the services are unique or highly specialized and multiple awards are not practicable. (g)(1) An order cannot increase the contract’s scope, period, or maximum value; only a contract modification can do that. (2) Competitive procedures* must be used for that modification unless a statutory exception authorizes and approves another procedure. (3) Notice of the modification must follow section 1708 of title 41 and section 8(e) of the Small Business Act. (h)(1) Despite the 5-year limit or a solicitation or contract limit, the agency head may extend the contract once, on a sole-source basis, for up to 6 months if a follow-on award was delayed by unforeseeable circumstances and the extension is needed for uninterrupted services while the follow-on contract is awarded and begins. (2) Only one such extension is allowed. (i) This section does not apply to a property-or-services contract that includes advisory and assistance services when the agency head determines those services are necessarily incidental and not a significant component.
In this section, the term “advisory and assistance services” has the meaning given such term in section 1105(g) of title 31.
Subject to the requirements of this section, section 3406 of this title, and other applicable law, the head of an agency* may enter into a task order contract* (as defined in section 3401 of this title) for procurement of advisory and assistance services.
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.
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.
The notice required by section 1708 of title 41 and section 8(e) of the Small Business Act (15 U.S.C. 637(e)) 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.
The solicitation for the proposed task order contract shall include the information (regarding services) described in section 3403(b) of this title.
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.
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.
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—
provide for a multiple award authorized under paragraph (1); and
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.
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.
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.
Unless use of procedures other than competitive procedures is authorized by an exception in subsection (a) of section 3204 of this title and approved in accordance with subsection (e) of such section, competitive procedures shall be used for making such a modification.
Notice regarding the modification shall be provided in accordance with section 1708 of title 41 and section 8(e) of the Small Business Act (15 U.S.C. 637(e)).
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—
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
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.
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.
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.
Source credit: (Added Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3251, § 2304b; amended Pub. L. 111–350, § 5(b)(13), Jan. 4, 2011, 124 Stat. 3843; renumbered § 3405 and amended Pub. L. 116–283, div. A, title XVIII, § 1820(d), Jan. 1, 2021, 134 Stat. 4192; Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(C), Dec. 27, 2021, 135 Stat. 2133.)
- 1994Enacted · Pub. L. 103-355 · 108 Stat. 3251
- 2011Amended · Pub. L. 111-350 · 124 Stat. 3843
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4192
- 2021Amended · Pub. L. 117-81 · 135 Stat. 2133
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-355 on 1994-10-13.
all 0 arguments · sorted by: best
no arguments yet — make the first case