Title 10Armed ForcesRelease 119-73

§3405 Task order contracts: advisory and assistance services

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart C— - Contracting Methods and Contract Types › Chapter CHAPTER 245— - TASK AND DELIVERY ORDER CONTRACTS (MULTIPLE AWARD CONTRACTS) › § 3405

Last updated Apr 6, 2026|Official source

Summary

Advisory and assistance services — the kind of help described in 31 U.S.C. 1105(g). Agency heads may use task order contracts to buy advisory and assistance services, but only under the rules here and other law. Such a contract cannot run longer than five years unless another law specifically allows more time. The public notice (under 41 U.S.C. 1708 and Small Business Act section 8(e)) must fairly describe the general scope, size, and length so interested companies can decide whether to ask for the full solicitation. The solicitation and the contract must include the service details required by law. One solicitation can lead to awards of separate task order contracts to two or more firms if the solicitation says the agency may do that. If a contract would run more than three years and be over $10,000,000 (with options), the solicitation must provide for multiple awards and say the agency might still pick just one firm if it writes a finding that only one offeror can meet the needed quality. Task orders cannot expand the contract’s scope, time, or total value; any increase must be done by contract modification, normally using competitive procedures, with notice under 41 U.S.C. 1708 and SBA 8(e). An agency may extend a contract once, on a sole-source basis, for up to six months if an unforeseeable delay keeps a follow-on award from starting and the extension is needed to keep services running. This rule does not apply when advisory services are only a minor, incidental part of a larger property or services contract.

Full Legal Text

Title 10, §3405

Armed Forces — Source: USLM XML via OLRC

(a)In this section, the term “advisory and assistance services” has the meaning given such term in section 1105(g) of title 31.
(b)(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 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)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)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 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.
(e)(1)The solicitation for the proposed task order contract shall include the information (regarding services) described in section 3403(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.
(f)(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.
(g)(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 (a) of section 3204 of this title and approved in accordance with subsection (e) 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 1708 of title 41 and section 8(e) of the Small Business Act (15 U.S.C. 637(e)).
(h)(1)Notwithstanding the limitation on the contract period set forth in subsection (c) or in a solicitation or contract pursuant to subsection (f), 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.
(i)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—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. 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), inserted heading, realigned margin, and substituted “subsection (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), inserted heading and realigned margin. 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)”. 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 AmendmentAmendment 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.

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. 103–355This 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 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 3405

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73