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(B) provides for the issuance of orders for the performance of 
tasks during the period of the contract. 
§ 4102. Authorities or responsibilities not affected 
This chapter does not modify or supersede, and is not intended to impair 
or restrict, authorities or responsibilities under sections 1101 to 1104 of 
title 40. 
§ 4103. General authority 
(a) AUTHORITY TO AWARD.—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 or delivery order contract for procurement of 
services or property. 
(b) SOLICITATION.—The solicitation for a task or delivery order contract 
shall include— 
(1) the period of the contract, including the number of options to 
extend the contract and the period for which the contract may be ex-
tended under each option; 
(2) the maximum quantity or dollar value of the services or property 
to be procured under the contract; and 
(3) a statement of work, specifications, or other description that rea-
sonably describes the general scope, nature, complexity, and purposes 
of the services or property to be procured under the contract. 
(c) APPLICABILITY OF RESTRICTION ON USE OF NONCOMPETITIVE PRO-
CEDURES.—The head of an executive agency may use procedures other than 
competitive procedures to enter into a task or delivery order contract under 
this section only if an exception in section 3304(a) of this title applies to 
the contract and the use of those procedures is approved in accordance with 
section 3304(e) of this title. 
(d) SINGLE AND MULTIPLE CONTRACT AWARDS.— 
(1) EXERCISE OF AUTHORITY.—The head of an executive agency 
may exercise the authority provided in this section— 
(A) to award a single task or delivery order contract; or 
(B) if the solicitation states that the head of the executive agen-
cy has the option to do so, to award separate task or delivery 
order contracts for the same or similar services or property to 2 
or more sources. 
(2) DETERMINATION NOT REQUIRED.—No determination under sec-
tion 3303 of this title is required for an award of multiple task or de-
livery order contracts under paragraph (1)(B). 
(3) SINGLE SOURCE AWARD FOR TASK OR DELIVERY ORDER CON-
TRACTS EXCEEDING $100,000,000.— 
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HR 1107 RH 
(A) WHEN SINGLE AWARDS ARE ALLOWED.—No task or deliv-
ery order contract in an amount estimated to exceed $100,000,000 
(including all options) may be awarded to a single source unless 
the head of the executive agency determines in writing that— 
(i) the task or delivery orders expected under the contract 
are so integrally related that only a single source can reason-
ably perform the work; 
(ii) the contract provides only for firm, fixed price task or-
ders or delivery orders for— 
(I) products for which unit prices are established in 
the contract; or 
(II) services for which prices are established in the 
contract for the specific tasks to be performed; 
(iii) only one source is qualified and capable of performing 
the work at a reasonable price to the Federal Government; or 
(iv) because of exceptional circumstances, it is necessary in 
the public interest to award the contract to a single source. 
(B) NOTIFICATION OF CONGRESS.—The head of the executive 
agency shall notify Congress within 30 days after any determina-
tion under subparagraph (A)(iv). 
(4) REGULATIONS.—Regulations implementing this subsection shall 
establish— 
(A) a preference for awarding, to the maximum extent prac-
ticable, multiple task or delivery order contracts for the same or 
similar services or property under paragraph (1)(B); and 
(B) criteria for determining when award of multiple task or de-
livery order contracts would not be in the best interest of the Fed-
eral Government. 
(e) CONTRACT MODIFICATIONS.—A task or delivery order may not in-
crease the scope, period, or maximum value of the task or delivery 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. 
(f) INAPPLICABILITY TO CONTRACTS FOR ADVISORY AND ASSISTANCE 
SERVICES.—Except as otherwise specifically provided in section 4105 of this 
title, this section does not apply to a task or delivery order contract for the 
acquisition of advisory and assistance services (as defined in section 1105(g) 
of title 31). 
(g) RELATIONSHIP TO OTHER CONTRACTING AUTHORITY.—Nothing in 
this section may be construed to limit or expand any authority of the head 
of an executive agency or the Administrator of General Services to enter 
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into schedule, multiple award, or task or delivery order contracts under any 
other provision of law. 
§ 4104. Guidance on use of task and delivery order contracts 
(a) GUIDANCE IN FEDERAL ACQUISITION REGULATION.—The Federal 
Acquisition Regulation issued in accordance with sections 1121(b) and 
1303(a)(1) of this title shall provide guidance to agencies on the appropriate 
use of task and delivery order contracts in accordance with this chapter and 
sections 2304a to 2304d of title 10. 
(b) CONTENT OF REGULATIONS.—The regulations issued pursuant to 
subsection (a) at a minimum shall provide specific guidance on— 
(1) the appropriate use of Government-wide and other multiagency 
contracts entered into in accordance with this chapter and sections 
2304a to 2304d of title 10; and 
(2) steps that agencies should take in entering into and admin-
istering multiple award task and delivery order contracts to ensure 
compliance with the requirement in— 
(A) section 11312 of title 40 for capital planning and invest-
ment control in purchases of information technology products and 
services; 
(B) section 4106(c) of this title and section 2304c(b) of title 10 
to ensure that all contractors are afforded a fair opportunity to 
be considered for the award of task and delivery orders; and 
(C) section 4106(e) of this title and section 2304c(c) of title 10 
for a statement of work in each task or delivery order issued that 
clearly specifies all tasks to be performed or property to be deliv-
ered under the order. 
(c) FEDERAL SUPPLY SCHEDULES PROGRAM.—The Administrator for 
Federal Procurement Policy shall consult with the Administrator of General 
Services to assess the effectiveness of the multiple awards schedule program 
of the General Services Administration referred to in section 152(3) of this 
title that is administered as the Federal Supply Schedules program. The as-
sessment shall include examination of— 
(1) the administration of the program by the Administrator of Gen-
eral Services; and 
(2) the ordering and program practices followed by Federal customer 
agencies in using schedules established under the program. 
§ 4105. Advisory and assistance services 
(a) DEFINITION.—In this section, the term ‘‘advisory and assistance serv-
ices’’ has the same meaning given that term in section 1105(g) of title 31. 
(b) AUTHORITY TO AWARD.— 
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(1) IN GENERAL.—Subject to the requirements of this section, sec-
tion 4106 of this title, and other applicable law, the head of an execu-
tive agency may enter into a task order contract for procurement of 
advisory and assistance services. 
(2) ONLY UNDER THIS SECTION.—The head of an executive agency 
may enter into a task order contract for advisory and assistance serv-
ices only under this section. 
(c) CONTRACT PERIOD.— 
(1) CONTRACT NOT TO EXCEED 5 YEARS.—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. 
(2) WAIVER AUTHORITY TO EXTEND CONTRACT.— 
(A) WHEN WAIVER MAY BE ISSUED.—The head of an executive 
agency may issue a waiver to extend a task order contract entered 
into under this section for a period not exceeding 10 years, 
through 5 one-year options, if the head of the agency determines 
in writing— 
(i) that the contract provides engineering or technical serv-
ices of such a unique and substantial technical nature that 
award of a new contract would be harmful to the continuity 
of the program for which the services are performed; 
(ii) that award of a new contract would create a large dis-
ruption in services provided to the executive agency; and 
(iii) that the executive agency would, through award of a 
new contract, endure program risk during critical program 
stages due to loss of program corporate knowledge of ongoing 
program activities. 
(B) DELEGATION.—The authority of the head of an executive 
agency under subparagraph (A) may be delegated only to the 
Chief Acquisition Officer of the agency (or the senior procurement 
executive in the case of an agency for which a Chief Acquisition 
Officer has not been appointed or designated under section 
1702(a) of this title). 
(C) REPORT.—Not later than April 1, 2007, the Administrator 
shall submit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Oversight and 
Government Reform of the House of Representatives a report on 
advisory and assistance services. The report shall include the fol-
lowing information: 
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