Title 41Public ContractsRelease 119-73

§4105 Advisory and assistance services

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 41— - TASK AND DELIVERY ORDER CONTRACTS › § 4105

Last updated Apr 6, 2026|Official source

Summary

Agency heads may enter into task-order contracts to buy advisory and assistance services, but they must follow these rules and other laws (including section 4106). Advisory and assistance services — same meaning as in 31 U.S.C. 1105(g). Contracts (including options and extensions) generally may not run more than 5 years unless another law allows a longer period. Public notice must describe the general scope, size, and length of the planned contract so firms can decide whether to ask for the solicitation. Solicitations and the resulting contracts must include the service information called for in section 4103(b). One solicitation can lead to separate contracts for the same or similar services to two or more companies if the solicitation says so. If a contract will last more than 3 years and is estimated to exceed $10,000,000 (including options), the solicitation must allow multiple awards and must say the agency may award only one contract if it writes that only one offeror can meet the required quality. A task order cannot itself increase the contract’s scope, time, or maximum value; increases must be made by modifying the contract and generally must be done competitively unless an exception applies. The agency may extend a contract once, on a sole-source basis, for up to 6 months if an unforeseeable delay in awarding a follow-on contract would otherwise interrupt needed services. These rules do not apply when advisory and assistance services are only incidental and not a significant part of a larger contract.

Full Legal Text

Title 41, §4105

Public Contracts — Source: USLM XML via OLRC

(a)In this section, the term “advisory and assistance services” has the same meaning given that term in section 1105(g) of title 31.
(b)(1)Subject to the requirements of this section, section 4106 of this title, and other applicable law, the head of an executive agency may enter into a task order contract 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 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 5 years unless a longer period is specifically authorized in a law that is applicable to the contract.
(d)The notice required by section 1708 of this title 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 shall include the information (regarding services) described in section 4103(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)On the basis of one solicitation, the head of an executive agency may award separate task order contracts under this section for the same or similar services to 2 or more sources if the solicitation states that the head of the executive agency has the option to do so.
(2)In the case of a task order contract for advisory and assistance services to be entered into under this section, if the contract period is to exceed 3 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 offerors 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.
(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 section 3304(a) of this title and approved in accordance with section 3304(e) of this title, competitive procedures shall be used for making such a modification.
(3)Notice regarding the modification shall be provided in accordance with section 1708 of this title 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 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 6 months if the head of the 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 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 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 the executive agency entering into the 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

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4105(a)41:253i(i).June 30, 1949, ch. 288, title III, § 303I, as added Pub. L. 103–355, title I, § 1054(a), Oct. 13, 1994, 108 Stat. 3262. 4105(b)41:253i(a). 4105(c)(1)41:253i(b). 4105(c)(2)41:253i note.Pub. L. 109–364, div. A, title VIII, § 834(b), (c) (related to (b)), Oct. 17, 2006, 120 Stat. 2333. 4105(d)41:253i(c). 4105(e)41:253i(d). 4105(f)41:253i(e). 4105(g)41:253i(f). 4105(h)41:253i(g). 4105(i)41:253i(h). In subsection (b)(1), the words “(as defined in section 253k of this title)” are omitted as unnecessary. In subsection (c)(2)(C), the words “Committee on Oversight and Government Reform” are substituted for “Committee on Government Reform” on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007). Senate Revision

Amendments

enate amendment to the bill effectively struck out subsec. (c)(2) and redesignated subsec. (c)(1) as (c). See S. Amdt. 4726 (111th Cong.), 156 Cong. Rec. 18683 (2010).

Reference

Citations & Metadata

Citation

41 U.S.C. § 4105

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73