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41 U.S.C. § 4105 — Advisory and assistance services

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4105 — Advisory and assistance services

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Source file: Laws/federal/codes/united-states-code/title-41/section-4105-advisory-and-assistance-services--4433ba9bb7.md
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Source location: Title 41, Chapter 41, § 4105; chapter-041-chapter-41.md

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**(a) Definition.—** In this section, the term “advisory and assistance services” has the same meaning given that term in [section 1105(g) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/g&num=0&edition=prelim). **(b) Authority To Award.—** (1) **In general.—** — Subject to the requirements of this section, [section 4106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), and other applicable law, the head of an executive agency may enter into a task order contract for procurement of advisory and assistance services. (2) **Only under this section.—** — The head of an executive agency may enter into a task order contract for advisory and assistance services only under this section. **(c) 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 5 years unless a longer period is specifically authorized in a law that is applicable to the contract. **(d) Content of Notice.—** The notice required by [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) and section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)) 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.—** — The solicitation shall include the information (regarding services) described in [section 4103(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4103/b&num=0&edition=prelim). (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.—** — On the basis of one solicitation, the head of an executive agency may award separate task order contracts under this section for the same or similar services to 2 or more sources if the solicitation states that the head of the executive agency has the option to do so. (2) **Content of solicitation.—** — In the case of a task order contract for advisory and assistance services to be entered into under this section, if the contract period is to exceed 3 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 executive agency may also elect to award only one task order contract if the head of the executive agency determines in writing that only one of the offerors 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 executive agency concerned determines in writing that, because the services required under the 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.—** — Unless use of procedures other than competitive procedures is authorized by an exception in [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) and approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim), competitive procedures shall be used for making such a modification. (3) **Notice.—** — Notice regarding the modification shall be provided in accordance with [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) and section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)). **(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 contract entered into by the head of an executive agency under this section may be extended on a sole-source basis for a period not exceeding 6 months if the head of the executive 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 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 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 the executive agency entering into the contract determines that, under the contract, advisory and assistance services are necessarily incident to, and not a significant component of, the contract.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4106 — Orders

**(a) Application.—** This section applies to task and delivery order contracts entered into under sections 4103 and 4105 of this title. **(b) Actions Not Required for Issuance of Orders.—** The following actions are not required for issuance of a task or delivery order under a task or delivery order contract: (1) A separate notice for the order under [section 1708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1708&num=0&edition=prelim) or section 8(e) of the Small Business Act ([15 U.S.C. 637(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/e&num=0&edition=prelim)). (2) Except as provided in subsection (c), a competition (or a waiver of competition approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim)) that is separate from that used for entering into the contract. **(c) Multiple Award Contracts.—** When multiple contracts are awarded under section 4103(d)(1)(B) or 4105(f) of this title, all contractors awarded the contracts shall be provided a fair opportunity to be considered, pursuant to procedures set forth in the contracts, for each task or delivery order in excess of the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim) that is to be issued under any of the contracts, unless— (1) the executive agency’s need for the services or property ordered is of such unusual urgency that providing the opportunity to all of those contractors would result in unacceptable delays in fulfilling that need; (2) only one of those contractors is capable of providing the services o

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4106

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1708 — Procurement notice

**(a) Notice Requirement.—** Except as provided in subsection (b)— (1) an executive agency intending to solicit bids or proposals for a contract for property or services for a price expected to exceed $10,000, but not to exceed $25,000, shall post, for not less than 10 days, in a public place at the contracting office issuing the solicitation a notice of solicitation described in subsection (c); (2) an executive agency shall publish a notice of solicitation described in subsection (c) if the agency intends to— (A) solicit bids or proposals for a contract for property or services for a price expected to exceed $25,000; or (B) place an order, expected to exceed $25,000, under a basic agreement, basic ordering agreement, or similar arrangement; and (3) an executive agency awarding a contract for property or services for a price exceeding $25,000, or placing an order exceeding $25,000 under a basic agreement, basic ordering agreement, or similar arrangement, shall furnish for publication a notice announcing the award or order if there is likely to be a subcontract under the contract or order. **(b) Exemptions.—** (1) **In general.—** — A notice is not required under subsection (a) if— (A) the proposed procurement is for an amount not greater than the simplified acquisition threshold and is to be conducted by— (i) using widespread electronic public notice of the solicitation in a form that allows convenient and universal user access through a single, Government-wide point of entry; and (ii) permitting the public to respond to the solicitation electronically; (B) the notice would disclose the executive agency’s needs and disclosure would compromise national security; (C) the proposed procurement would result from acceptance of— (i) an unsoli

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1708

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4103 — General authority

**(a) Authority To Award.—** Subject to the requirements of this section, [section 4106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), and other applicable law, the head of an executive agency may enter into a task or delivery order contract for procurement of services or property. **(b) Solicitation.—** The solicitation for a task or delivery order contract shall include— (1) the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option; (2) the maximum quantity or dollar value of the services or property to be procured under the contract; and (3) a statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract. **(c) Applicability of Restriction on Use of Noncompetitive Procedures.—** The head of an executive agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if an exception in [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) applies to the contract and the use of those procedures is approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim). **(d) Single and Multiple Contract Awards.—** (1) **Exercise of authority.—** — The head of an executive agency may exercise the authority provided in this section— (A) to award a single task or delivery order contract; or (B) if the solicitation states t

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 637 — Additional powers

**(a) Procurement contracts; subcontracts to disadvantaged small business concerns; performance bonds; contract negotiations; definitions; eligibility; determinations; publication; recruitment; construction subcontracts; annual estimates; Indian tribes** (1) It shall be the duty of the Administration and it is hereby empowered, whenever it determines such action is necessary or appropriate— (A) to enter into contracts with the United States Government and any department, agency, or officer thereof having procurement powers obligating the Administration to furnish articles, equipment, supplies, services, or materials to the Government or to perform construction work for the Government. In any case in which the Administration certifies to any officer of the Government having procurement powers that the Administration is competent and responsible to perform any specific Government procurement contract to be let by any such officer, such officer shall be authorized in his discretion to let such procurement contract to the Administration upon such terms and conditions as may be agreed upon between the Administration and the procurement officer. Whenever the Administration and such procurement officer fail to agree, the matter shall be submitted for determination to the Secretary or the head of the appropriate department or agency by the Administrator. Not later than 5 days from the date the Administration is notified of a procurement officer’s adverse decision, the Administration may notify the contracting officer of the intent to appeal such adverse decision, and within 15 days of such date the Administrator shall file a written request for a reconsideration of the adverse decision with the Secretary of the department or agency head. For the purposes of this subparagrap

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 637

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 637 — Additional powers

Page 890 TITLE 15—COMMERCE AND TRADE § 637 mortgage obligations, payments on covered lease ob- ligations, or covered utility payments, as the case may be.’’ Subsec. (i). Pub. L. 116–260, div. N, § 276(a)(1), amended subsec. (i) generally. Prior to amendment, text read as follows: ‘‘For purposes of title 26, any amount which (but for this subsection) would be includible in gross in- come of the eligible recipient by reason of forgiveness described in subsection (b) shall be excluded from gross income.’’ Subsec. (l). Pub. L. 116–260, div. N, § 307(a)(3), added subsec. (l). Pub. L. 116–260, div. N, § 306(1), struck out subsec. (l). Text read as follows: ‘‘An eligible recipient that re- ceived a covered loan before June 5, 2020, may elect for the covered period applicable to such covered loan to end on the date that is 8 weeks after the date of the origination of such covered loan.’’ Pub. L. 116–142, § 3(b)(3), added subsec. (l). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–2 applicable only with re- spect to applications for forgiveness of covered loans made under pars. (36) or (37) of section 636(a) of this title received on or after Mar. 11, 2021, see section 5001(c)(3) of Pub. L. 117–2, set out as a note under sec- tion 636 of this title. EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. N, title II, § 276(a)(2), Dec. 27, 2020, 134 Stat. 1979, provided that: ‘‘The amendment made by this subsection [amending this section] shall apply to taxable years ending after the date of the enactment of the CARES Act [Mar. 27, 2020].’’ Amendment by section 304(b)(1)(A), (B), (2) of div. N of Pub. L. 116–260 effective as if included in Pub. L. 116–136 and applicable to any loan made pursuant to secti

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 637

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 4105 — Advisory and assistance services

Page 127 TITLE 41—PUBLIC CONTRACTS § 4105 In this section, the text of section 804(d) of the Na- tional Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106–65, 41:253h note) is omitted as obsolete. In subsection (a), the words ‘‘Not later than 180 days after the date of the enactment of this Act’’ and ‘‘be re- vised to’’ are omitted as obsolete. In subsection (b)(1), the words ‘‘this chapter and sec- tions 2304a to 2304d of title 10’’ are substituted for ‘‘the provisions of law referred to in that subsection’’ for clarity. Editorial Notes AMENDMENTS 2021—Subsecs. (a), (b)(1). Pub. L. 117–81, § 1702(h)(14)(A), (B)(i), substituted ‘‘chapter 245’’ for ‘‘sections 2304a to 2304d’’. Subsec. (b)(2)(B). Pub. L. 117–81, § 1702(h)(14)(B)(ii), substituted ‘‘section 3406(c)’’ for ‘‘section 2304c(b)’’. Subsec. (b)(2)(C). Pub. L. 117–81, § 1702(h)(14)(B)(iii), substituted ‘‘section 3406(e)’’ for ‘‘section 2304c(c)’’. § 4105. Advisory and assistance services (a) DEFINITION.—In this section, the term ‘‘ad- visory and assistance services’’ has the same meaning given that term in section 1105(g) of title 31. (b) AUTHORITY TO AWARD.— (1) IN GENERAL.—Subject to the requirements of this section, section 4106 of this title, and other applicable law, the head of an executive agency may enter into a task order contract for procurement of advisory and assistance services. (2) ONLY UNDER THIS SECTION.—The head of an executive agency may enter into a task order contract for advisory and assistance services only under this section. (c) CONTRACT PERIOD.—The period of a task order contract entered into under this section, including all periods of extensions of the con- tract under options, modifications, or otherwise, may not exceed 5 years unless a longer

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4105

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