H. R. 1107—103 
(A) to award a single task or delivery order contract; 
or 
(B) if the solicitation states that the head of the executive 
agency 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 
section 3303 of this title is required for an award of multiple 
task or delivery order contracts under paragraph (1)(B). 
(3) SINGLE
SOURCE
AWARD
FOR
TASK
OR
DELIVERY
ORDER 
CONTRACTS EXCEEDING $100,000,000.— 
(A) WHEN SINGLE AWARDS ARE ALLOWED.—No task or 
delivery 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 reasonably perform the work; 
(ii) the contract provides only for firm, fixed price 
task orders 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 per-
forming the work at a reasonable price to the Federal 
Government; or 
(iv) because of exceptional circumstances, it is nec-
essary in the public interest to award the contract 
to a single source. 
(B) NOTIFICATION OF CONGRESS.—The head of the execu-
tive agency shall notify Congress within 30 days after 
any determination under subparagraph (A)(iv). 
(4) REGULATIONS.—Regulations implementing this subsection 
shall establish— 
(A) a preference for awarding, to the maximum extent 
practicable, 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 delivery order contracts would not be in the best interest 
of the Federal Government. 
(e) CONTRACT MODIFICATIONS.—A task or delivery order may 
not increase 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 into schedule, multiple award, or task or delivery 
order contracts under any other provision of law.
H. R. 1107—104 
§ 4104. Guidance on use of task and delivery order contracts 
(a) GUIDANCE IN FEDERAL ACQUISITION REGULATION.—The Fed-
eral 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 multi-
agency 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 
administering multiple award task and delivery order contracts 
to ensure compliance with the requirement in— 
(A) section 11312 of title 40 for capital planning and 
investment 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 delivered 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 assessment shall 
include examination of— 
(1) the administration of the program by the Administrator 
of General 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 assist-
ance services’’ has the same meaning given that term in section 
1105(g) of title 31. 
(b) AUTHORITY TO AWARD.— 
(1) IN GENERAL.—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) ONLY UNDER THIS SECTION.—The head of an executive 
agency may enter into a task order contract for advisory and 
assistance services only under this section. 
(c) CONTRACT PERIOD.—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.
H. R. 1107—105 
(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, mag-
nitude, 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) REQUIRED CONTENT OF SOLICITATION AND CONTRACT.— 
(1) SOLICITATION.—The solicitation shall include the informa-
tion (regarding services) described in section 4103(b) of this 
title. 
(2) CONTRACT.—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) 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 executive agency has the option 
to do so. 
(2) CONTENT OF SOLICITATION.—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 para-
graph (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 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) CONTRACT MODIFICATIONS.— 
(1) INCREASE IN SCOPE, PERIOD, OR MAXIMUM VALUE OF CON-
TRACT ONLY BY MODIFICATION OF CONTRACT.—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) USE OF COMPETITIVE PROCEDURES.—Unless use of proce-
dures other than competitive procedures is authorized by an 
exception in section 3304(a) of this title and approved in accord-
ance 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 pro-
vided 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 solicitation or contract pursuant to subsection (f),
H. R. 1107—106 
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 commence-
ment of performance under, the follow-on contract. 
(2) LIMIT OF ONE EXTENSION.—A task order contract may 
be extended under paragraph (1) only once and only in accord-
ance 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, advisory and assistance services are nec-
essarily incident to, and not a significant component of, the contract. 
§ 4106. Orders 
(a) APPLICATION.—This section applies to task and delivery order 
contracts entered into under sections 4103 and 4105 of this title. 
(b) ACTIONS NOT REQUIRED FOR ISSUANCE OF ORDERS.—The fol-
lowing 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 
awarded under section 4103(d)(1)(B) or 4105(f) of this title, all 
contractors awarded the contracts shall be provided a fair oppor-
tunity 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 oppor-
tunity 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 con-
tractor 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 requirement to provide all contractors a fair oppor-
tunity to be considered under subsection (c) is not met unless 
all such contractors are provided, at a minimum—