§ 253i. — Task order contracts: advisory and assistance services.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC253i]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 4--PROCUREMENT PROCEDURES
SUBCHAPTER IV--PROCUREMENT PROVISIONS
Sec. 253i. Task order contracts: advisory and assistance
services
(a) Authority to award
(1) Subject to the requirements of this section, section 253j of
this title, and other applicable law, the head of an executive agency
may enter into a task order contract (as defined in section 253k of this
title) for procurement of advisory and assistance services.
(2) The head of an executive agency may enter into a task order
contract for 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 416 of this title and section 637(e)
of title 15 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 shall include the information (regarding
services) described in section 253h(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 executive 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 executive 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 the authority of 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 executive agency
may also elect to award only one task order contract if the head of
the executive 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 executive agency concerned determines in writing
that, because the services required under the 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 253 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 416 of this title and section 637(e) of title
15.
(g) Contract extensions
(1) Notwithstanding the limitation on the contract period set forth
in subsection (b) of this section or in a solicitation or contract
pursuant to subsection (e) of this section, a contract entered into by
the head of an executive agency under this section may be extended on a
sole-source basis for a period not exceeding six months if the head of
such executive 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 the executive 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.
(June 30, 1949, ch. 288, title III, Sec. 303I, as added Pub. L. 103-355,
title I, Sec. 1054(a), Oct. 13, 1994, 108 Stat. 3262.)
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 this title.
Construction
Section not to be construed as modifying or superseding, or as
intended to impair or restrict, authorities or responsibilities under
former 40 U.S.C. 759 or subchapter VI (Sec. 541 et seq.) of chapter 10
of former title 40 [now 40 U.S.C. 1101-1104], see section 1054(b) of
Pub. L. 103-355, set out as a note under section 253h of this title.
Section Referred to in Other Sections
This section is referred to in sections 253h, 253j, 253k of this
title.
