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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

P. L. 108-375

House Conference Report 108-767

SEC. 813.  PERIOD FOR MULTIYEAR TASK AND DELIVERY ORDER CONTRACTS.

(a) REVISED MAXIMUM PERIOD. — Section 2304a(f) of title 10, United States Code, is amended by striking ‘‘a total period of not more than five years.’’ and inserting ‘‘any period up to five years and may extend the contract period for one or more successive periods pursuant to an option provided in the contract or a modification of the contract. The total contract period as extended may not exceed 10 years unless such head of an agency determines in writing that exceptional circumstances necessitate a longer contract period.’’.

(b) ANNUAL REPORT.—Not later than 60 days after the end of each of fiscal years 2005 through 2009, the Secretary of Defense shall submit to Congress a report setting forth each extension of a contract period to a total of more than 10 years that was granted for task and delivery order contracts of the Department of Defense during such fiscal year under section 2304a(f) of title 10, United States Code. The report shall include, with respect to each such contract period extension —

(1) a discussion of the exceptional circumstances on which the extension was based; and

(2) the justification for the determination of exceptional circumstances.

The House bill contained a provision (sec. 803) that would amend section 2304(a) of title 10, United States Code, to clarify time limits for options in task and delivery order contracts.

The Senate amendment contained a similar provision (sec. 812).

The House recedes with an amendment to limit the base period of a task order and delivery order contract to five years, with options for up to an additional five years, for a total period of not more than ten years.  Task and delivery order contracts may have more than five option years, if the head of an agency determines in writing that exceptional circumstances necessitate a longer contract period.

House Report 108-491