Page:United States Statutes at Large Volume 108 Part 4.djvu/618

 108 STAT. 3252 PUBLIC LAW 103-355 —OCT. 13, 1994 of this title and approved in accordance 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 limitation on the contract period set forth in subsection (b) or in a solicitation or contract pursuant to subsection (e), a task order contract entered into by the head of an agency under this section may be extended on a sole-source basis for a period not exceeding six months if the head of such 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 an 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. "(i) ADVISORY AND ASSISTANCE SERVICES DEFINED. — In this section, the term 'advisory and assistance services' has the meaning given such term in section 1105(g) of title 31. "§ 2304c. Task and delivery order contracts: orders "(a) 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 such order under section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) or section 8(e) of the Small Business Act (15 U.S.C. 637(e)). "(2) Except as provided in subsection (b), a competition (or a waiver of competition approved in accordance with section 2304(f) of this title) that is separate from that used for entering into the contract. "(b) MULTIPLE AWARD CONTRACTS.— When multiple task or delivery order contracts are awarded under section 2304a(d)(l)(B) or 2304b(e) of this title, all contractors awarded such 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 agency's need for the services or property ordered is of such unusual urgency that providing such opportunity to all such contractors would result in unacceptable delays in fulfilling that need; "(2) only one such contractor is capable of providing the services or property required at the level of quaUty required

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