Page:United States Statutes at Large Volume 124.djvu/3808

 124 STAT. 3782 PUBLIC LAW 111–350—JAN. 4, 2011 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—