§ 3405. Task order contracts: advisory and assistance services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–355 title I § 1004(a)(1) · 108 Stat. 3243

   Enacted · 10 U.S.C. § 3405

   Added Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3251, § 2304b

   Source evidence

   Code source credit
   Added Pub. L. 103–355, title I, § 1004(a)(1), Oct. 13, 1994, 108 Stat. 3251, § 2304b

   Enacted provision · exact public law section
   (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2304 the following new sections: “§2304a. Task and delivery order contracts: general authority “(a) Authority To Award.— Subject to the requirements of this section, section 2304c 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 2304d of this title) 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 an exception in subsection (c) of section 2304 of this title applies to the contract and the use of such procedures is approved in accordance with subsection (f) of such section. “(d) Single and Multiple Contract Awards.— (1) The head of an 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 that the head of the agency has the option to do so, to award separate task or delivery order contracts for the same or similar services or property to two or more sources. “(2) No determination under section 2304(b) of this title is required for award of multiple task or delivery order contracts under paragraph (1)(B). “(3) The regulations implementing this subsection shall— “(A) establish a preference for awarding, to the maximum extent practicable, multiple task or delivery order contracts for the same or similar services or property under the authority of paragraph (1)(B); and “(B) establish criteria for determining when award of multiple task or delivery order contracts would not be in the best interest of the Federal Government. “(e) Contract Modifications.— A task or delivery order may not increase the scope, period, or maximum value of the task or delivery 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. “(f) Inapplicability to Contracts for Advisory and Assistance Services.— Except as otherwise specifically provided in section 2304b of this title, this section does not apply to a task or delivery order contract for the procurement of advisory and assistance services (as defined in section 1105(g) of title 31). “(g) Relationship to Other Contracting Authority.— Nothing in this section may be construed to limit or expand any authority of the head of an agency or the Administrator of General Services to enter into schedule, multiple award, or task or delivery order contracts under any other provision of law. “§2304b. Task order contracts: advisory and assistance services “(a) Authority To Award.— (1) Subject to the requirements of this section, section 2304c of this title, and other applicable law, the head of an agency may enter into a task order contract (as defined in section 2304d of this title) 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. “(b) 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. “(c) Content of Notice.— The notice required by section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) 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. “(d) Required Content of Solicitation and Contract.— (1) The solicitation for the proposed task order contract shall include the information (regarding services) described in section 2304a(b) of this title. “(2) 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. “(e) Multiple Awards.— (1) 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) 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) 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. “(f) Contract Modifications.— (1) 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) Unless use of procedures other than competitive procedures is Authorized by an exception in subsection (c) of section 2304 of this title and approved in accordance with subsection (f) of such section, competitive procedures shall be used for making such a modification. “(3) Notice regarding the modification shall be provided in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). “(g) Contract Extensions.— (1) Notwithstanding the limitation on the contract period set forth in subsection (b) or in a solicitation or contract pursuant to subsection (e), 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) 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. “(h) 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. “(i) 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. “§2304c. Task and delivery order contracts: orders “(a) 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 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) or section 8(e) of the Small Business Act (15 U.S.C. 637(e)). “(2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with section 2304(f) of this title) that is separate from that used for entering into the contract. “(b) Multiple Award Contracts.— When multiple task or delivery order contracts are awarded under section 2304a(d)(1)(B) or 2304b(e) 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 a sole-source basis in the interest of economy and efficiency because it is a logical follow-on to a task or delivery order already issued on a competitive basis; or “(4) it is necessary to place the order with a particular contractor in order to satisfy a minimum guarantee. “(c) Statement of Work.— A task or delivery order shall include a statement of work that clearly specifies all tasks to be performed or property to be delivered under the order. “(d) Protests.— A protest is not authorized in connection with the issuance or proposed issuance of a task or delivery order except for a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued. “(e) Task and Delivery Order Ombudsman.— Each head of an agency who awards multiple task or delivery order contracts pursuant to section 2304a(d)(1)(B) or 2304b(e) of this title shall appoint or designate a task and delivery order ombudsman who shall be responsible for reviewing complaints from the contractors on such contracts and ensuring that all of the contractors are afforded a fair opportunity to be considered for task or delivery orders when required under subsection (b). The task and delivery order ombudsman shall be a senior agency official who is independent of the contracting officer for the contracts and may be the agency’s competition advocate. “(f) Applicability.— This section applies to task and delivery order contracts entered into under sections 2304a and 2304b of this title. “§2304d. Task and delivery order contracts: definitions “In sections 2304a, 2304b, and 2304c of this title: “(1) The term ‘task order contract’ means a contract for services that does not procure or specify a firm quantity of services (other than a minimum or maximum quantity) and that provides for the issuance of orders for the performance of tasks during the period of the contract. “(2) The term ‘delivery order contract’ means a contract for property that does not procure or specify a firm quantity of property (other than a minimum or maximum quantity) and that provides for the issuance of orders for the delivery of property during the period of the contract.”.

2. 2011

   Pub. L. 111–350 § 5(b)(13) · 124 Stat. 3677

   Substituted · 10 U.S.C. § 3405(c); 10 U.S.C. § 3405(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)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (13) In section 2304b— (A) in subsection (c), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”; and (B) in subsection (f)(3), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”.

3. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(d)(1) · 134 Stat. 3388

   1. Redesignated · 10 U.S.C. § 3405

      Pub. L. 116–283, § 1820(d)(1), (2), renumbered section 2304b of this title as this section, moved subsec. (i) to the beginning of the section and redesignated it as (a)

   2. Redesignated · 10 U.S.C. § 3405

      Pub. L. 116–283, § 1820(d)(1), (2), renumbered section 2304b of this title as this section, moved subsec. (i) to the beginning of the section and redesignated former subsecs. (a) to (h) as (b) to (i), respectively

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1820(d)(1), (2), renumbered section 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.

   Enacted provision · exact public law section
   (1) Transfer.— Section 2304b of title 10, United States Code, is transferred to chapter 245 of such title, as amended by subsection (a), inserted after section 3403, as transferred and redesignated by subsection (c), and redesignated as section 3405.

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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.

4. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(d)(3) · 134 Stat. 3388

   1. Substituted · 10 U.S.C. § 3405(b)(1)

      Pub. L. 116–283, § 1820(d)(3), substituted “section 3406” for “section 2304c”

   2. Substituted · 10 U.S.C. § 3405(b)(1)

      Pub. L. 116–283, § 1820(d)(3), substituted “section 3401” for “section 2304d”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 116–283, § 1820(d)(3), substituted “section 3406” for “section 2304c” and “section 3401” for “section 2304d”.

   Enacted provision · exact public law section
   (3) Amendments to new 3405(b).— Subsection (b) of such section, as so redesignated, is amended— (A) by striking “section 2304c” and inserting “section 3406”; and (B) by striking “section 2304d” and inserting “section 3401”.

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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.

5. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(d)(4)(A) · 134 Stat. 3388

   1. Amended · 10 U.S.C. § 3405(e)

      Pub. L. 116–283, § 1820(d)(4)(A), (B), as amended by Pub. L. 117–81, § 1701(b)(8)(C)

   2. Inserted · 10 U.S.C. § 3405(e)

      Pub. L. 116–283, § 1820(d)(4)(A), (B), as inserted par. headings

   3. Substituted · 10 U.S.C. § 3405(e)

      Pub. L. 116–283, § 1820(d)(4)(A), (B), as substituted “section 3403(b)” for “section 2304a(b)” in par. (1), and realigned margin of par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (A) by striking “and Contract.—(1) The solicitation” and inserting “ and Contract. — “(1) Solicitation.— The solicitation” ;

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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.

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(d)(5) · 134 Stat. 3388

   Inserted · 10 U.S.C. § 3405(f)

   Pub. L. 116–283, § 1820(d)(5), inserted par. headings and realigned margins of pars. (2) and (3)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 116–283, § 1820(d)(5), inserted par. headings and realigned margins of pars. (2) and (3).

   Enacted provision · exact public law section
   (5) Amendments to new 3405(f).— Subsection (f) of such section, as so redesignated, is amended— (A) by striking “Multiple Awards.—(1) The head of an agency” and inserting “ Multiple Awards.— “(1) Authority to make multiple awards.— The head of an agency” . (B) by realigning paragraphs (2) and (3) 2 ems to the right; (C) by inserting “Content of solicitation.—” in paragraph (2) before “If, in the case of”; and (D) by inserting “Nonapplication.—” in paragraph (3) before “Paragraph (2) does not”.

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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.

7. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(d)(6)(A) · 134 Stat. 3388

   Inserted · 10 U.S.C. § 3405(g)(1)

   Pub. L. 116–283, § 1820(d)(6)(A), inserted heading

   Source evidence

   Code amendment note
   Subsec. (g)(1). Pub. L. 116–283, § 1820(d)(6)(A), inserted heading.

   Enacted provision · exact public law section
   (A) by striking “Contract Modifications.—(1) A task order may not” and inserting “ Contract Modifications. — “(1) Increase in scope, period, or maximum value of contract only by modification of contract.— A task order may not” .

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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.

8. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(d)(6)(B) · 134 Stat. 3388

   1. Inserted · 10 U.S.C. § 3405(g)(2)

      Pub. L. 116–283, § 1820(d)(6)(B), (C), inserted heading, realigned margin

   2. Substituted · 10 U.S.C. § 3405(g)(2)

      Pub. L. 116–283, § 1820(d)(6)(B), (C), substituted “subsection (a) of section 3204” for “subsection (c) of section 2304”

   3. Substituted · 10 U.S.C. § 3405(g)(2)

      Pub. L. 116–283, § 1820(d)(6)(B), (C), substituted “subsection (e)” for “subsection (f)”

   Source evidence

   Code amendment note
   Subsec. (g)(2). Pub. L. 116–283, § 1820(d)(6)(B), (C), inserted heading, realigned margin, and substituted “subsection (a) of section 3204” for “subsection (c) of section 2304” and “subsection (e)” for “subsection (f)”.

   Enacted provision · exact public law section
   (B) by realigning paragraphs (2) and (3) 2 ems to the right;

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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.

9. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1820(d)(6)(B) · 134 Stat. 3388

   Inserted · 10 U.S.C. § 3405(g)(3)

   Pub. L. 116–283, § 1820(d)(6)(B), (D), inserted heading and realigned margin

   Source evidence

   Code amendment note
   Subsec. (g)(3). Pub. L. 116–283, § 1820(d)(6)(B), (D), inserted heading and realigned margin.

   Enacted provision · exact public law section
   (B) by realigning paragraphs (2) and (3) 2 ems to the right;

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included 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.

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(d)(7)(A) · 134 Stat. 3388

    1. Inserted · 10 U.S.C. § 3405(h)(1)

       Pub. L. 116–283, § 1820(d)(7)(A), (B), inserted heading

    2. Substituted · 10 U.S.C. § 3405(h)(1)

       Pub. L. 116–283, § 1820(d)(7)(A), (B), substituted “subsection (c)” for “subsection (b)”

    3. Substituted · 10 U.S.C. § 3405(h)(1)

       Pub. L. 116–283, § 1820(d)(7)(A), (B), substituted “subsection (f)” for “subsection (e)”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 116–283, § 1820(d)(7)(A), (B), inserted heading, and substituted “subsection (c)” for “subsection (b)” and “subsection (f)” for “subsection (e)”.

    Enacted provision · exact public law section
    (A) by striking “Contract Extensions.—(1) Notwithstanding the limitation” and inserting “ Contract Extensions.— “(1) When contract may be extended.— Notwithstanding the limitation” ;

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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.

11. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1820(d)(7)(C) · 134 Stat. 3388

    Inserted · 10 U.S.C. § 3405(h)(2)

    Pub. L. 116–283, § 1820(d)(7)(C), inserted heading and realigned margin

    Source evidence

    Code amendment note
    Subsec. (h)(2). Pub. L. 116–283, § 1820(d)(7)(C), inserted heading and realigned margin.

    Enacted provision · exact public law section
    (C) by realigning paragraph (2) 2 ems to the right and inserting “Limit of one extension.—” in that paragraph before “A task order contract”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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.

19 of 19 references resolved to an enrolled provision