Page:United States Statutes at Large Volume 108 Part 4.djvu/617

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PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3251

    • § 2304b. Task order contracts: advisory and assistance services

"(a) AUTHORITY TO AWARD.—(1) Subject to the requirements of this section, section 2304c of this title, and other applicable law, the head of an agency may enter into a task order contract (as defined in section 2304d of tms title) for procurement of advisory and assistance services. "(2) The head of an agency may enter into a task order contract for procurement of ad\isory and assistance services only under the authority of this section. "(b) LIMITATION ON 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 five years unless a longer period is specifically authorized in a law that is applicable to such contract. "(c) CONTENT OF NOTICE. —The notice required by section 18 of the Office of Federal Procurement Pohcy Act (41 U.S.C. 416) 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 enable a potential offeror to decide whether to request the solicitation and consider submitting an offer. " (d) REQUIRED CONTENT OF SOLICITATION AND CONTRACT.— (1) The soUcitation for the proposed task order contract shall include the information (regarding services) described in section 2304a(b) of this title. "(2) 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. "(e) MULTIPLE AWARDS.— (1) The head of an 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 soUcitation states that the head of the 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 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 agency may also elect to award only one task order contract if the head of the agency determines in writing that only one of the offerers is capable of providing the services required at the level of quality required. (3) Para^aph (2) does not apply in the case of a soUcitation for which the head of the agency concerned determines in writing that, because the services required under the task order contract are unique or highly speciaUzed, 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 whicn 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 procedures other than competitive procedures is £nithorized by an exception in subsection (c) of section 2304