Page:United States Statutes at Large Volume 108 Part 4.djvu/629
PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3263 "(e) MULTIPLE AWARDS.—(1) The head of an executive agency may, on the basis of one solicitation, award separate task order contracts under this section for the same or similar services to two or more sources if the solicitation states that the head of the executive agency has the option to do so. "(2) If, in the case of a task order contract for advisory and assistance services to be entered into under the authority of this section, the contract period is to exceed three years and the contract amount is estimated to exceed $10,000,000 (including all options), the soUcitation 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 onlv one task order contract if the head of the executive agency determines in writing that only one of the oflFerers is capable of providing the services required at the level of quality required. "(3) 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. "(f) CONTRACT MODIFICATIONS. —(1) 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) Unless use of procediu"es other than competitive procedures is authorized by an exception in subsection (c) of section 303 and approved in accordsmce with subsection (f) of such section, competitive procedures shall be used for making such a modification. "(3) Notice regarding the modification shall be provided in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). "(g) CONTRACT EXTENSIONS.— (1) Notwithstanding the Hmitation on the contract period set forth in subsection (b) or in a solicitation or contract pursuant to subsection (e), 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 six months if the head of such 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 in order to ensure continuity of the receipt of services pending the award of, and commencement of performance under, the follow-on contract. "(2) A task order contract may be extended under the authority of paragraph (1) only once and only in accordance with the limitations and requirements of this subsection. "(h) INAPPLICABILITY TO CERTAIN CONTRACTS. —Th is 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 such contract determines that, under the contract, advisory and assistance services are necessarily incident to, and not a significant component of, the contract.