Browse Arkansas Code titles and sections
10 U.S.C. § 3401 — Task and delivery order contracts: defini-
Federal law — U.S. Code and appendices · legal_authorities
Page 2478
TITLE 10—ARMED FORCES
§ 3401
ter’’ for ‘‘section’’ in subsec. (a) and in introductory
provisions of subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
CHAPTER 245—TASK AND DELIVERY ORDER
CONTRACTS
(MULTIPLE
AWARD
CON-
TRACTS)
Sec.
3401.
Task and delivery order contracts: defini-
tions.
3402.
[Reserved].
3403.
Task and delivery order contracts: general
authority.
3404.
[Reserved].
3405.
Task order contracts: advisory and assistance
services.
3406.
Task and delivery order contracts: orders.
Editorial Notes
PRIOR PROVISIONS
A prior chapter 245 ‘‘TASK AND DELIVERY ORDER
CONTRACTS (MULTIPLE AWARD CONTRACTS)’’, as
added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug.
13, 2018, 132 Stat. 1827, and consisting of reserved sec-
tion 3401, was repealed by Pub. L. 116–283, div. A, title
XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191.
AMENDMENTS
2021—Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(A),
Dec. 27, 2021, 135 Stat. 2133, amended Pub. L. 116–283,
div. A, title XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191,
which added this analysis, by substituting ‘‘[Reserved]’’
for ‘‘Guidance on use of task and delivery order con-
tracts’’ in item 3404.
Statutory Notes and Related Subsidiaries
PROVISIONS NOT AFFECTED BY PUB. L. 103–355
Pub. L. 103–355, title I, § 1004(d), Oct. 13, 1994, 108 Stat.
3253, as amended by Pub. L. 108–136, div. A, title X,
§ 1045(f), Nov. 24, 2003, 117 Stat. 1613, provided that:
‘‘Nothing in section 23
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3401
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Page 2478
TITLE 10—ARMED FORCES
§ 3401
ter’’ for ‘‘section’’ in subsec. (a) and in introductory
provisions of subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
CHAPTER 245—TASK AND DELIVERY ORDER
CONTRACTS
(MULTIPLE
AWARD
CON-
TRACTS)
Sec.
3401.
Task and delivery order contracts: defini-
tions.
3402.
[Reserved].
3403.
Task and delivery order contracts: general
authority.
3404.
[Reserved].
3405.
Task order contracts: advisory and assistance
services.
3406.
Task and delivery order contracts: orders.
Editorial Notes
PRIOR PROVISIONS
A prior chapter 245 ‘‘TASK AND DELIVERY ORDER
CONTRACTS (MULTIPLE AWARD CONTRACTS)’’, as
added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug.
13, 2018, 132 Stat. 1827, and consisting of reserved sec-
tion 3401, was repealed by Pub. L. 116–283, div. A, title
XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191.
AMENDMENTS
2021—Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(A),
Dec. 27, 2021, 135 Stat. 2133, amended Pub. L. 116–283,
div. A, title XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191,
which added this analysis, by substituting ‘‘[Reserved]’’
for ‘‘Guidance on use of task and delivery order con-
tracts’’ in item 3404.
Statutory Notes and Related Subsidiaries
PROVISIONS NOT AFFECTED BY PUB. L. 103–355
Pub. L. 103–355, title I, § 1004(d), Oct. 13, 1994, 108 Stat.
3253, as amended by Pub. L. 108–136, div. A, title X,
§ 1045(f), Nov. 24, 2003, 117 Stat. 1613, provided that:
‘‘Nothing in section 2304a [now 10 U.S.C. 3403], 2304b
[now 10 U.S.C. 3405], 2304c [now 10 U.S.C. 3406], or 2304d
[now 10 U.S.C. 3401] of title 10, United States Code, as
added by subsection (a), and nothing in the amend-
ments made by subsections (b) and (c) [amending
former sections 2304 of this title (now 10 U.S.C. 3201 et
seq.) and 2331 of this title (now 10 U.S.C. 4507)], shall be
construed as modifying or superseding, or as intended
to impair or restrict, authorities or responsibilities
under chapter 11 of title 40, United States Code.’’
§ 3401. Task and delivery order contracts: defini-
tions
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 pe-
riod of the contract.
(2) TASK ORDER CONTRACT.—The term ‘‘task
order contract’’ means a contract for serv-
ices—
(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 pe-
riod of the contract.
(Added Pub. L. 103–355, title I, § 1004(a)(1), Oct.
13, 1994, 108 Stat. 3253, § 2304d; renumbered § 3401
and amended Pub. L. 116–283, div. A, title XVIII,
§ 1820(b), Jan. 1, 2021, 134 Stat. 4191.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 1820(b)(1), (2), renumbered sec-
tion 2304d of this title as this section, substituted ‘‘In
this chapter’’ for ‘‘In sections 2304a, 2304b, and 2304c of
this title’’ in introductory provisions, and reversed
order and designations of pars. (1) and (2).
Par. (1). Pub. L. 116–283, § 1820(b)(3), inserted heading,
inserted dash after ‘‘for property’’, and reorganized re-
mainder of text of par. (1) into designated subpars. (A)
and (B).
Par. (2). Pub. L. 116–283, § 1820(b)(4), inserted heading,
inserted dash after ‘‘for services’’, and reorganized re-
mainder of text of par. (2) into designated subpars. (A)
and (B).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
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 this section.
§ 3403. Task and delivery order contracts: gen-
eral authority
(a) AUTHORITY TO AWARD.—Subject to the re-
quirements of this section, section 3406 of this
title, 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)
for procurement of services or property.
(b) SOLICITATION.—The solicitation for a task
or delivery order contract shall include the fol-
lowing:
(1) The period of the contract, including the
number of options to extend the contract and
the period for which the contract may be ex-
tended 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 pro-
cured under the contract.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in sections 3203, 3204(a), and 3205 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, the head of an agency in conducting a procurement for property or services—
(1) shall obtain full and open competition through the use of competitive procedures in accordance with the requirements of this section and sections 3069, 3203, 3204, 3205, 3403, 3405, 3406, 3901, 4501, and 4502 of this title and the Federal Acquisition Regulation; and
(2) shall use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement.
**(b) Determination of Appropriate Competitive Procedures.—** In determining the competitive procedure appropriate under the circumstances, the head of an agency—
(1) shall solicit sealed bids if—
(A) time permits the solicitation, submission, and evaluation of sealed bids;
(B) the award will be made on the basis of price and other price-related factors;
(C) it is not necessary to conduct discussions with the responding sources about their bids; and
(D) there is a reasonable expectation of receiving more than one sealed bid; and
(2) shall request competitive proposals if sealed bids are not appropriate under paragraph (1).
**(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Government’s requirements.
**(d) Certain Purchases or Contracts to Be Treated as if Made With Sealed-bid Procedures.—** For the purposes of the following, purchases or contracts awarded after using procedures other than seale
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3201
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Federal law — U.S. Code and appendices · legal_authorities
Page 2420
TITLE 10—ARMED FORCES
§ 3201
‘‘(4) Elimination of contract provisions authorizing
the Government to make unilateral changes to con-
tracts.’’
ELIMINATION
OF
USE
OF
CLASS
I OZONE-DEPLETING
SUBSTANCES
IN
CERTAIN
MILITARY
PROCUREMENT
CONTRACTS
Pub. L. 102–484, div. A, title III, § 326, Oct. 23, 1992, 106
Stat. 2368, as amended by Pub. L. 104–106, div. A, title
XV, §§ 1502(c)(2)(A), 1504(c)(1), Feb. 10, 1996, 110 Stat. 506,
514; Pub. L. 106–65, div. A, title X, § 1067(8), Oct. 5, 1999,
113 Stat. 774; Pub. L. 113–291, div. A, title X, § 1071(b)(14),
Dec. 19, 2014, 128 Stat. 3508, provided that:
‘‘(a) ELIMINATION OF USE OF CLASS I OZONE-DEPLETING
SUBSTANCES.—(1) No Department of Defense contract
awarded after June 1, 1993, may include a specification
or standard that requires the use of a class I ozone-de-
pleting substance or that can be met only through the
use of such a substance unless the inclusion of the spec-
ification or standard in the contract is approved by the
senior acquisition official for the procurement covered
by the contract. The senior acquisition official may
grant the approval only if the senior acquisition offi-
cial determines (based upon the certification of an ap-
propriate technical representative of the official) that
a suitable substitute for the class I ozone-depleting
substance is not currently available.
‘‘(2)(A)(i) Not later than 60 days after the completion
of the first modification, amendment, or extension
after June 1, 1993, of a contract referred to in clause
(ii), the senior acquisition official (or the designee of
that official) shall carry out an evaluation of the con-
tract in order to determine—
‘‘(I) whether the contract includes a specification
or standard that requires the use of a class I ozone-
d
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3201
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3201. This identifies an authority to review, not proof of applicability.
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
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.
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
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 3403. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2478
TITLE 10—ARMED FORCES
§ 3401
ter’’ for ‘‘section’’ in subsec. (a) and in introductory
provisions of subsec. (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
CHAPTER 245—TASK AND DELIVERY ORDER
CONTRACTS
(MULTIPLE
AWARD
CON-
TRACTS)
Sec.
3401.
Task and delivery order contracts: defini-
tions.
3402.
[Reserved].
3403.
Task and delivery order contracts: general
authority.
3404.
[Reserved].
3405.
Task order contracts: advisory and assistance
services.
3406.
Task and delivery order contracts: orders.
Editorial Notes
PRIOR PROVISIONS
A prior chapter 245 ‘‘TASK AND DELIVERY ORDER
CONTRACTS (MULTIPLE AWARD CONTRACTS)’’, as
added by Pub. L. 115–232, div. A, title VIII, § 801(a), Aug.
13, 2018, 132 Stat. 1827, and consisting of reserved sec-
tion 3401, was repealed by Pub. L. 116–283, div. A, title
XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191.
AMENDMENTS
2021—Pub. L. 117–81, div. A, title XVII, § 1701(b)(8)(A),
Dec. 27, 2021, 135 Stat. 2133, amended Pub. L. 116–283,
div. A, title XVIII, § 1820(a), Jan. 1, 2021, 134 Stat. 4191,
which added this analysis, by substituting ‘‘[Reserved]’’
for ‘‘Guidance on use of task and delivery order con-
tracts’’ in item 3404.
Statutory Notes and Related Subsidiaries
PROVISIONS NOT AFFECTED BY PUB. L. 103–355
Pub. L. 103–355, title I, § 1004(d), Oct. 13, 1994, 108 Stat.
3253, as amended by Pub. L. 108–136, div. A, title X,
§ 1045(f), Nov. 24, 2003, 117 Stat. 1613, provided that:
‘‘Nothing in section 23
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3403
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3403. This identifies an authority to review, not proof of applicability.
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3405
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 3405. This identifies an authority to review, not proof of applicability.
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3405. This identifies an authority to review, not proof of applicability.
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
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 awar
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3406
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 3406. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall prescribe regulations to ensure, to the maximum extent practicable, that professional and technical services are acquired on the basis of the task to be performed rather than on the basis of the number of hours of services provided.
**(b) Content of Regulations.—** With respect to contracts to acquire services on the basis of the number of hours of services provided, the regulations described in subsection (a) shall—
(1) include standards and approval procedures to minimize the use of such contracts;
(2) establish criteria to ensure that proposals for contracts for technical and professional services are evaluated on a basis which does not encourage contractors to propose uncompensated overtime;
(3) ensure appropriate emphasis on technical and quality factors in the source selection process;
(4) require identification of any hours in excess of 40-hour weeks included in a proposal;
(5) ensure that offerors are notified that proposals which include unrealistically low labor rates or which do not otherwise demonstrate cost realism will be considered in a risk assessment and evaluated appropriately; and
(6) provide guidance to contracting officers to ensure that any use of uncompensated overtime will not degrade the level of technical expertise required to perform the contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4507
Stored review status: release_metadata_unconfirmed. The source passage cites 10 U.S.C. § 4507. This identifies an authority to review, not proof of applicability.