
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2304b]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 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.

(Added Pub. L. 103-355, title I, Sec. 1004(a)(1), Oct. 13, 1994, 108 
Stat. 3251.)


                             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 251 of Title 41, Public Contracts.


               Provisions Not Affected by Pub. L. 103-355

    This section not to be construed as modifying or superseding, or as 
intended to impair or restrict, authorities or responsibilities under 
former section 759 of Title 40, Public Buildings, Property, and Works, 
or subchapter VI (Sec. 541 et seq.) of chapter 10 of Title 40, see 
section 1004(d) of Pub. L. 103-355, set out as a note under section 
2304a of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2304a, 2304c, 2304d of this 
title.
