§4105 Advisory and Assistance Services

Summary

Agency heads may award task order contracts to buy advisory and assistance services. The term "advisory and assistance services" means what it says in 31 U.S.C. 1105(g). Agencies must follow section 4106 and other laws. Contracts under this authority can only be made here. A contract’s total length, including all extensions and options, cannot go beyond 5 years unless another law specifically allows a longer period. Notices must describe the general scope, size, and length so potential bidders can decide to ask for the full solicitation. Solicitations must include the service information required by section 4103(b), and the contract must include the same information. One solicitation may lead to awards to two or more firms if the solicitation says the agency may do that. If the contract would run more than 3 years and is estimated to be over $10,000,000 (including options), the solicitation must provide for multiple awards, but it may say the agency can give only one award if the agency writes that only one offeror can meet the needed quality. If services are unique or highly specialized, the agency can write that multiple awards are not practical. Changes that increase scope, time, or value must be made by modifying the contract and, unless an exception in section 3304(a) is approved under section 3304(e), must use competitive procedures. Notices about modifications follow section 1708 and 15 U.S.C. 637(e). An agency may extend a contract one time, for up to 6 months on a sole-source basis, if an unforeseeable delay prevents a follow-on award and the extension is needed for continuity. This law does not apply when advisory services are only incidental and not a significant part of a larger property or services contract, if the agency head so determines.