§4954 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary can make cooperative agreements with eligible groups to run programs that give procurement help to businesses. Under those agreements, the group must run the help programs and the Secretary will pay up to 75% of the group’s costs. If a program serves only a distressed area, the Secretary may pay more, up to 85%. If the program helps “covered small businesses” under section 4959(b), the Secretary may pay the whole cost. The Secretary can change or waive those percentage rules case-by-case. When choosing who gets an agreement, the Secretary must put a lot of weight on past success. The Secretary will set funding levels based on the group’s demand forecast and, for ongoing programs, prior years’ spending and income. Eligible groups may form an association to work on shared issues. If most groups join, the Secretary must recognize the association and work with it to create a model cooperative agreement that can be used. If the Secretary of Defense decides a waiver is best for the federal government, that Secretary may waive the percentage limits but must send a written explanation to the congressional defense committees.

Title 10, §4954

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible entities to carry out the purposes of this chapter.

(b)(1)Under any such cooperative agreement, the eligible entity shall agree to sponsor programs to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than 75 percent of the eligible entity’s cost of furnishing such assistance under such programs, except that—

(A)in the case of a program sponsored by such an entity that provides services solely in a distressed area, the Secretary may agree to furnish more than 75 percent, but not more than 85 percent, of such cost with respect to such program; and

(B)in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to section 4959(b) of this title, the Secretary may agree to furnish the full cost of such assistance.

(2)The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program.

(c)In conducting a competition for the award of a cooperative agreement under subsection (a), the Secretary shall give significant weight to successful past performance of eligible entities under a cooperative agreement under this section.

(d)In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.

(e)Eligible entities that provide procurement technical assistance pursuant to this chapter may form an association to pursue matters of common concern. If more than a majority of such eligible entities are members of such an association, the Secretary shall—

(1)recognize the existence and activities of such an association; and

(2)jointly develop with such association a model cooperative agreement that may be used at the option of the Secretary and an eligible entity.

(f)If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(C), Dec. 27, 2021, 135 Stat. 2144, amended Pub. L. 116–283, § 1872(a)(7), which had originally transferred section 2415 of this title to this section. After amendment by Pub. L. 117–81, section 1872(a)(7) of Pub. L. 116–283 instead transferred section 2415 to section 4956 of this title. Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendments

2023—Subsec. (b). Pub. L. 118–31, § 853(b)(1), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). Subsecs. (c) to (e). Pub. L. 118–31, § 853(b)(2), redesignated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.” Subsec. (f). Pub. L. 118–31, § 853(b)(3), added subsec. (f). Former subsec. (f) redesignated (e). 2022—Subsec. (f). Pub. L. 117–263 added subsec. (f). 2021—Pub. L. 116–283, § 1872(a)(5), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(A)(i), renumbered section 2413 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1872(a)(5)(A), inserted heading. Subsec. (b). Pub. L. 116–283, § 1872(a)(5)(B), as amended by Pub. L. 117–81, § 1701(m)(2)(A)(ii), inserted heading and, in par. (2), substituted “section 4959(b)” for “section 2419(b)”. Subsecs. (c) to (e). Pub. L. 116–283, § 1872(a)(5)(C)–(E), inserted heading. 2018—Subsec. (b). Pub. L. 115–232, § 858(a)(1), substituted “not more than 75 percent” for “not more than 65 percent” in introductory provisions. Subsec. (b)(1). Pub. L. 115–232, § 858(a)(2), substituted “more than 75 percent, but not more than 85 percent” for “more than 65 percent, but not more than 75 percent”. 2013—Subsec. (b). Pub. L. 113–66, § 1612(a)(1), substituted “65 percent” for “one-half” in introductory provisions. Pub. L. 113–66, § 1611(c)(1)(A), (B), substituted “except that— “(1) in the case” for “except that in the case” and “; and” for period at end. Subsec. (b)(1). Pub. L. 113–66, § 1612(a), substituted “65 percent” for “one-half” and “75 percent” for “three-fourths”. Subsec. (b)(2). Pub. L. 113–66, § 1611(c)(1)(C), added par. (2). Subsec. (d). Pub. L. 113–66, § 1611(c)(3), struck out “and in determining the level of funding to provide under an agreement under subsection (b),” after “subsection (a),”. Subsec. (e). Pub. L. 113–66, § 1611(c)(2), added subsec. (e). 2002—Subsec. (d). Pub. L. 107–314 added subsec. (d). 1998—Subsec. (c). Pub. L. 105–261 substituted “district” for “region”. 1987—Subsec. (b). Pub. L. 100–180 made technical amendment to directory language of Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661. See 1986 Amendment note below. 1986—Subsec. (b). Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661, as amended by Pub. L. 100–180, amended subsec. (b) identically, inserting “sponsor programs to” after first reference to “agree to”, “under such programs” after “such assistance”, and “with respect to such program” after “such cost” and substituting “a program sponsored by such an entity that provides services solely in a distressed area” for “an eligible entity that is a distressed entity”. 1985—Pub. L. 99–145 amended section generally, substituting “, in accordance with the provisions of this chapter, may enter” for “may, in accordance with the provisions of this chapter, enter” in subsec. (a), adding subsec. (b), and redesignating former subsec. (b) as (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

of 1987 Amendment Pub. L. 100–180, div. A, title XII, § 1233(c)(2), Dec. 4, 1987, 101 Stat. 1161, provided that: “The amendment made by subsection (b) [amending Public Laws 99–500, 99–591, and 99–661 which amended this section] shall apply as if included in the enactment of Public Laws 99–500, 99–591, and 99–661.”

Effective Date

of 1985 Amendment Pub. L. 99–145, title IX, § 919(d), Nov. 8, 1985, 99 Stat. 693, provided that: “The

Amendments

made by subsections (a) and (b) [amending this section, section 4955 and 4956 of this title, and former section 2411 and 2412 of this title] shall take effect on October 1, 1985.”

§4954 Cooperative agreements

Summary

Title 10, §4954

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Amendments

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