10 U.S.C. § 4958: Authority to provide certain…

Summary

Eligible groups that get procurement technical help from the Department of Defense can also help businesses with contracts for parts of the federal government other than the DoD and for state and local governments. They may also give information about programs under the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992. They can teach small businesses about rules and how to follow them for several areas, including export controls (section 38 of the Arms Export Control Act, 22 U.S.C. 2778), small business rules (section 9 of the Small Business Act, 15 U.S.C. 638), clause 252.204–7012 of the Defense Acquisition Regulation Supplement, section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and the AUKUS partnership (as defined in section 1321 of the National Defense Authorization Act for Fiscal Year 2024, 22 U.S.C. 10401). The Under Secretary of Defense for Acquisition and Sustainment may let an APEX Accelerator Program center of excellence give special expertise to businesses outside its normal region. The Under Secretary may also waive the government cost-share limit under section 4954(f).

Title 10, §4958

Armed Forces, Source: USLM XML via OLRC

(a)Assistance Relating to Certain Non-defense Contracts.—

The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.

(b)Information Relating to Assistance and Other Programs Available.—

An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.

(c)Education on Requirements Applicable to Small Businesses Under Certain Regulations.—

An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued—

(1)under section 38 of the Arms Export Control Act (22 U.S.C. 2778), and on compliance with those requirements;

(2)under section 9 of the Small Business Act (15 U.S.C. 638), and on compliance with those requirements;

(3)under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements);

(4)under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements); and

(5)under the AUKUS partnership (as defined in section 1321 of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10401).

(d)The Under Secretary of Defense for Acquisition and Sustainment may—

(1)provide assistance to an eligible entity that is a center of excellence for the APEX Accelerator Program of the Department of Defense (or a successor program) to provide specialized expertise to business entities outside of the geographic area served by the center of excellence; and

(2)may waive the government cost share restriction in accordance with section 4954(f) of this chapter.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (b), is div. D of Pub. L. 102–484, Oct. 23, 1992, 106 Stat. 2658. For complete classification of div. D to the Code, see

Short Title

note set out under section 4801 of this title and Tables. section 847 of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (c)(4), is section 847 of Pub. L. 116–92, which is set out as a note under section 4819 of this title.

Amendments

2025—Subsec. (c)(5). Pub. L. 119–60, § 861(d)(1), added par. (5). Subsec. (d). Pub. L. 119–60, § 861(d)(2), added subsec. (d). 2023—Subsec. (c)(3), (4). Pub. L. 118–31 added pars. (3) and (4). 2021—Pub. L. 116–283, § 1872(a)(9), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(E), renumbered section 2418 of this title as this section and inserted headings in subsecs. (a) to (c). 2017—Subsec. (c). Pub. L. 115–91 substituted “issued—” for “issued”, inserted par. (1) designation before “under” and comma before “and on compliance”, and added par. (2). 2014—Subsec. (c). Pub. L. 113–291 added subsec. (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.

§4958 Authority to Provide Certain Types of Technical Assistance