131 
(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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132 
(i) The methods used by executive agencies to identify a 
contract as an advisory and assistance services contract, as 
defined in subsection (a). 
(ii) The number of advisory and assistance services con-
tracts awarded by each executive agency during the 5-year 
period preceding October 17, 2006. 
(iii) The average annual expenditures by each executive 
agency for advisory and assistance services contracts. 
(iv) The average length of advisory and assistance services 
contracts. 
(v) The number of advisory and assistance services con-
tracts recompeted and awarded to the previous award winner. 
(D) PROHIBITION ON USE OF AUTHORITY BY EXECUTIVE AGEN-
CIES
IF
REPORT
NOT
SUBMITTED.—The head of an executive 
agency may not issue a waiver under subparagraph (A) if the re-
port required by subparagraph (C) is not submitted by April 1, 
2007. 
(E) TERMINATION OF AUTHORITY.—A waiver may not be issued 
under this paragraph after December 31, 2011. 
(d) CONTENT OF NOTICE.—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 en-
able a potential offeror to decide whether to request the solicitation and con-
sider submitting an offer. 
(e) REQUIRED CONTENT OF SOLICITATION AND CONTRACT.— 
(1) SOLICITATION.—The solicitation shall include the information 
(regarding services) described in section 4103(b) of this title. 
(2) CONTRACT.—A task order contract entered into under this sec-
tion shall contain the same information that is required by paragraph 
(1) to be included in the solicitation of offers for that contract. 
(f) MULTIPLE AWARDS.— 
(1) AUTHORITY TO MAKE MULTIPLE AWARDS.—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 execu-
tive agency has the option to do so. 
(2) CONTENT OF SOLICITATION.—In the case of a task order con-
tract for advisory and assistance services to be entered into under this 
section, if the contract period is to exceed 3 years and the contract 
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133 
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) NONAPPLICATION.—Paragraph (2) does not apply in the case of 
a solicitation for which the head of the executive agency concerned de-
termines in writing that, because the services required under the con-
tract are unique or highly specialized, it is not practicable to award 
more than one contract. 
(g) CONTRACT MODIFICATIONS.— 
(1) INCREASE IN SCOPE, PERIOD, OR MAXIMUM VALUE OF CONTRACT 
ONLY BY MODIFICATION OF CONTRACT.—A task order may not in-
crease 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) USE OF COMPETITIVE PROCEDURES.—Unless use of procedures 
other than competitive procedures is authorized by an exception in sec-
tion 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.—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) CONTRACT EXTENSIONS.— 
(1) WHEN
CONTRACT
MAY
BE
EXTENDED.—Notwithstanding the 
limitation on the contract period set forth in subsection (c) or in a so-
licitation 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 cir-
cumstances 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 perform-
ance under, the follow-on contract. 
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134 
(2) LIMIT OF ONE EXTENSION.—A task order contract may be ex-
tended under paragraph (1) only once and only in accordance with the 
limitations and requirements of this subsection. 
(i) INAPPLICABILITY TO CERTAIN CONTRACTS.—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, advi-
sory and assistance services are necessarily incident to, and not a significant 
component of, the contract. 
§ 4106. Orders 
(a) APPLICATION.—This section applies to task and delivery order con-
tracts entered into under sections 4103 and 4105 of this title. 
(b) ACTIONS NOT REQUIRED FOR ISSUANCE OF ORDERS.—The following 
actions are not required for issuance of a task or delivery order under a 
task or delivery order contract: 
(1) A separate notice for the order under section 1708 of this title 
or section 8(e) of the Small Business Act (15 U.S.C. 637(e)). 
(2) Except as provided in subsection (c), a competition (or a waiver 
of competition approved in accordance with section 3304(e) of this 
title) that is separate from that used for entering into the contract. 
(c) MULTIPLE AWARD CONTRACTS.—When multiple contracts are award-
ed under section 4103(d)(1)(B) or 4105(f) of this title, all contractors 
awarded the contracts shall be provided a fair opportunity to be considered, 
pursuant to procedures set forth in the contracts, for each task or delivery 
order in excess of $2,500 that is to be issued under any of the contracts, 
unless— 
(1) the executive agency’s need for the services or property ordered 
is of such unusual urgency that providing the opportunity to all of 
those contractors would result in unacceptable delays in fulfilling that 
need; 
(2) only one of those contractors is capable of providing the services 
or property required at the level of quality required because the services 
or property ordered are unique or highly specialized; 
(3) the task or delivery order should be issued on a sole-source basis 
in the interest of economy and efficiency because it is a logical follow- 
on to a task or delivery order already issued on a competitive basis; 
or 
(4) it is necessary to place the order with a particular contractor to 
satisfy a minimum guarantee. 
(d) ENHANCED COMPETITION FOR ORDERS IN EXCESS OF $5,000,000.— 
In the case of a task or delivery order in excess of $5,000,000, the require-
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