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10 U.S.C. § 3405 — Task order contracts: advisory and assistance services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Advisory and Assistance Services Defined.—** In this section, the term “advisory and assistance services” has the meaning given such 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) Subject to the requirements of this section, [section 3406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406&num=0&edition=prelim), and other applicable law, the head of an agency may enter into a task order contract (as defined in [section 3401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3401&num=0&edition=prelim)) 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.—** The notice required by [section 1708 of title 41](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 de
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Source file: Laws/federal/codes/united-states-code/title-10/section-3405-task-order-contracts-advisory-and-assistance-services--c901ecc3e2.md
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Source location: Title 10, Chapter 245, § 3405; chapter-245-task-and-delivery-order-contracts-multiple-award-contracts.md
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**(a) Advisory and Assistance Services Defined.—** In this section, the term “advisory and assistance services” has the meaning given such 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) Subject to the requirements of this section, [section 3406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406&num=0&edition=prelim), and other applicable law, the head of an agency may enter into a task order contract (as defined in [section 3401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3401&num=0&edition=prelim)) 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.—** The notice required by [section 1708 of title 41](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 for the proposed task order contract shall include the information (regarding services) described in [section 3403(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3403/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.—** — 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.—** — Unless use of procedures other than competitive procedures is authorized by an exception in subsection (a) of [section 3204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim) and approved in accordance with subsection (e) of such section, 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 title 41](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 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.
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Procedures Other Than Competitive Procedures May Be Used.—** The head of an agency may use procedures other than competitive procedures only when—
(1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency;
(2) the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals;
(3) it is necessary to award the contract to a particular source or sources in order—
(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;
(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or
(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;
(4) the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3204
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the Navy and, by direction of the Secretary, the Chief of Naval Research and the chiefs of bureaus may, without advertising, make contracts or amendments or modifications of contracts for services and materials necessary to conduct research and to make or secure reports, tests, models, or apparatus. A contractor supplying such services or materials need not be required to furnish a bond.
**(b)** This section does not authorize the use of the cost-plus-a-percentage-of-cost system of contracting.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8752
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2304c"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2304b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability.—** This section applies to task and delivery order contracts entered into under sections 3403 and 3405 of this title.
**(b) 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 such order under [section 1708 of title 41](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 3204(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204/e&num=0&edition=prelim)) that is separate from that used for entering into the contract.
**(c) Multiple Award Contracts.—** When multiple task or delivery order contracts are awarded under section 3403(d)(1)(B) or 3405(f) of this title, all contractors awarded such 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 $2,500 that is to be issued under any of the contracts unless—
(1) the agency’s need for the services or property ordered is of such unusual urgency that providing such opportunity to all such contractors would result in unacceptable delays in fulfilling that need;
(2) only one such contractor is capable of providing the services or property required at the level of quality required because the services or property ordered are unique or highly specialized;
(3) the task or delivery order should be issued on
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3406
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Authority To Award.—** Subject to the requirements of this section, [section 3406 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3406&num=0&edition=prelim), and other applicable law, the head of an agency may enter into a task or delivery order contract (as defined in [section 3401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3401&num=0&edition=prelim)) for procurement of services or property.
**(b) Solicitation.—** The solicitation for a task or delivery order contract shall include the following:
(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, if any.
(2) The maximum quantity or dollar value of the services or property to be procured under the contract.
(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 agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if—
(1) an exception in subsection (a) of [section 3204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim) applies to the contract; and
(2) the use of such procedures is approved in accordance with subsection (e) of such section.
**(d) Single and Multiple Contract Awards.—**
(1) **Exercise of authority.—** — The head of an agency may exercise the authority provided in this section—
(A) to award a single task or delivery
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3403
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Federal law — U.S. Code and appendices · legal_authorities
Page 2480
TITLE 10—ARMED FORCES
§ 3405
Subsec. (d)(4). Pub. L. 116–283, § 1820(c)(4)(D), inserted
heading.
Subsec. (g). Pub. L. 116–283, § 1820(c)(5), substituted
‘‘section 3405’’ for ‘‘section 2304b’’.
2019—Subsec. (d)(3). Pub. L. 116–92 designated existing
provisions as subpar. (A), substituted ‘‘Except as pro-
vided under subparagraph (B), no task or delivery order
contract’’ for ‘‘No task or delivery order contract’’, re-
designated former subpars. (A) to (D) as cls. (i) to (iv),
respectively, of subpar. (A), redesignated cls. (i) and (ii)
of former subpar. (B) as subcls. (I) and (II), respec-
tively, of subpar. (A)(ii), and added subpar. (B).
2018—Subsec. (d)(3)(A). Pub. L. 115–232 substituted
‘‘efficiently perform the work’’ for ‘‘reasonably perform
the work’’.
2011—Subsec. (d)(3). Pub. L. 112–81 struck out subpar.
(A) designation before ‘‘No task’’, redesignated cls. (i)
to (iv) of former subpar. (A) as subpars. (A) to (D), re-
spectively, of par. (3), redesignated subcls. (I) and (II) of
former cl. (ii) as cls. (i) and (ii), respectively, of subpar.
(B), and struck out former subpar. (B) which read as
follows: ‘‘The head of the agency shall notify the con-
gressional defense committees within 30 days after any
determination under clause (i), (ii), (iii), or (iv) of sub-
paragraph (A).’’
2009—Subsec. (d)(3)(B). Pub. L. 111–84 amended subpar.
(B) generally. Prior to amendment, subpar. (B) read as
follows: ‘‘The head of the agency shall notify Congress
within 30 days after any determination under subpara-
graph (A)(iv).’’
2008—Subsec. (d)(3), (4). Pub. L. 110–181 added par. (3)
and redesignated former par. (3) as (4).
2004—Subsec. (f). Pub. L. 108–375 substituted ‘‘any pe-
riod up to five years and may extend the contract pe-
riod for one or
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3405
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Federal law — U.S. Code and appendices · legal_authorities
**(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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