10 U.S.C. § 3405 — Task order contracts: advisory and assist-

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 more successive periods pursuant to an option provided in the contract or a modification of the contract. The total contract period as extended may not exceed 10 years unless such head of an agency de- termines in writing that exceptional circumstances ne- cessitate a longer contract period’’ for ‘‘a total period of not more than five years’’. 2003—Subsecs. (f) to (h). Pub. L. 108–136 added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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 OF 2008 AMENDMENT Pub. L. 110–181, div. A, title VIII, § 843(a)(3)(A), Jan. 28, 2008, 122 Stat. 237, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect on the date that is 120 days after the date of the enactment of this Act [Jan. 28, 2008], and shall apply with respect to any contract awarded on or after such date.’’ 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 su- perseding, or as intended to impair or restrict, authori- ties 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 section 3401 of this title. § 3405. Task order contracts: advisory and assist- ance services (a) ADVISORY AND ASSISTANCE SERVICES DE- FINED.—In this section, the term ‘‘advisory and assistance services’’ has the meaning given such term in section 1105(g) of title 31. (b) AUTHORITY TO AWARD.—(1) 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 procure- ment 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 pe- riod 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 and section 8(e) of the Small Business Act (15 U.S.C. 637(e)) shall rea- sonably and fairly describe the general scope, magnitude, and duration of the proposed task order contract in a manner that would reason- ably enable a potential offeror to decide whether to request the solicitation and consider submit- ting 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. (2) CONTRACT.—A task order contract en- tered into under this section shall contain the same information that is required by para- graph (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 con- tracts under this section for the same or simi- lar services to two or more sources if the solic- itation 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 as- sistance 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 author- ized 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 Page 2481 TITLE 10—ARMED FORCES § 3406 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 modifica- tion of the contract. (2) USE OF COMPETITIVE PROCEDURES.—Unless use of procedures other than competitive pro- cedures is authorized by an exception in sub- section (a) of section 3204 of this title and ap- proved in accordance with subsection (e) of such section, competitive procedures shall be used for making such a modification. (3) NOTICE.—Notice regarding the modifica- tion shall be provided in accordance with sec- tion 1708 of title 41 and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). (h) CONTRACT EXTENSIONS.— (1) WHEN CONTRACT MAY BE EXTENDED.—Not- withstanding the limitation on the contract period set forth in subsection (c) or in a solici- tation or contract pursuant to subsection (f), a task order contract entered into by the head of an agency under this section may be ex- tended on a sole-source basis for a period not exceeding six months if the head of such agen- cy determines that— (A) the award of a follow-on contract has been delayed by circumstances that were not reasonably foreseeable at the time the ini- tial 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 accord- ance 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 con- tract determines that, under the contract, advi- sory and assistance services are necessarily inci- dent to, and not a significant component of, the contract. (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; re- numbered § 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.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1820(d)(1), (2), renumbered sec- tion 2304b of this title 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. Subsec. (b)(1). Pub. L. 116–283, § 1820(d)(3), substituted ‘‘section 3406’’ for ‘‘section 2304c’’ and ‘‘section 3401’’ for ‘‘section 2304d’’. Subsec. (e). Pub. L. 116–283, § 1820(d)(4)(A), (B), as amended by Pub. L. 117–81, § 1701(b)(8)(C), inserted par. headings, substituted ‘‘section 3403(b)’’ for ‘‘section 2304a(b)’’ in par. (1), and realigned margin of par. (2). Subsec. (f). Pub. L. 116–283, § 1820(d)(5), inserted par. headings and realigned margins of pars. (2) and (3). Subsec. (g)(1). Pub. L. 116–283, § 1820(d)(6)(A), inserted heading. Subsec. (g)(2). Pub. L. 116–283, § 1820(d)(6)(B), (C), in- serted heading, realigned margin, and substituted ‘‘sub- section (a) of section 3204’’ for ‘‘subsection (c) of section 2304’’ and ‘‘subsection (e)’’ for ‘‘subsection (f)’’. Subsec. (g)(3). Pub. L. 116–283, § 1820(d)(6)(B), (D), in- serted heading and realigned margin. Subsec. (h)(1). Pub. L. 116–283, § 1820(d)(7)(A), (B), in- serted heading, and substituted ‘‘subsection (c)’’ for ‘‘subsection (b)’’ and ‘‘subsection (f)’’ for ‘‘subsection (e)’’. Subsec. (h)(2). Pub. L. 116–283, § 1820(d)(7)(C), inserted heading and realigned margin. 2011—Subsecs. (c), (f)(3). Pub. L. 111–350 substituted ‘‘section 1708 of title 41’’ for ‘‘section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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 su- perseding, or as intended to impair or restrict, authori- ties 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 section 3401 of this title. § 3406. Task and delivery order contracts: orders (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 ac- tions 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 or section 8(e) of the Small Business Act (15 U.S.C. 637(e)). (2) Except as provided in subsection (c), a competition (or a waiver of competition ap- proved in accordance with section 3204(e) of this title) that is separate from that used for entering into the contract. (c) MULTIPLE AWARD CONTRACTS.—When mul- tiple task or delivery order contracts are award-