§3405 Task Order Contracts: Advisory and Assistance Services

Summary

Agency heads may award task order contracts to buy advisory and assistance services. The terms "advisory and assistance services" and "task order contract" are defined in the U.S. code (31 U.S.C. 1105(g) and 10 U.S.C. 3401). These contracts must follow this law and other rules. They normally cannot last more than five years unless another law allows a longer period. Public notice must fairly describe the contract’s general scope, size, and length so potential bidders can decide to ask for the solicitation. The solicitation and the contract must include the service details required by 10 U.S.C. 3403(b). One solicitation can result in awards to two or more sources if the solicitation says so. If a contract will run more than three years and is estimated to be over $10,000,000 (including options), the solicitation must provide for multiple awards and say the agency might instead give only one award if only one offeror can meet the required quality. That multiple-award rule does not apply when the services are unique or highly specialized. A task order cannot by itself increase the contract’s scope, length, or maximum value; only a contract modification can do that. Such modifications must use competitive procedures unless an exception in section 3204(a) is approved under section 3204(e). Notice of the modification must follow section 1708 of title 41 and section 8(e) of the Small Business Act. A contract may be extended one time, sole-source, for up to six months if an unforeseeable delay in the follow-on award would interrupt needed services. This law does not apply when advisory services are only incidental and not a significant part of a contract for buying property or other services.