10 U.S.C. § 4954

Section 4954 · Cooperative agreements

Current version, with additions and removals from the December 27, 2021 version.

Current — December 22, 2023

As of December 27, 2021

(a) Authority.—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) ~~Agreements.—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—

(b) Agreements.—(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—

~~(1)~~ 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

(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

~~(2)~~ 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.

(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.

(c) Distribution of Programs.—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.

(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.

~~(d)~~ Weight to Be Given Successful Past Performance.—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.

(c) Weight to Be Given Successful Past Performance.—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.

~~(e)~~ Determination of Level of Funding.—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.

(d) Determination of Level of Funding.—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) Association Recognition and Duties.—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) Waiver of Government Cost Share Restriction.—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.

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Versions

Dec 22, 2023 – presentcurrentviewing
Annual edition
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).
▸ what changed
Source credit
Pub. L. 118–31, div. A, title VIII, § 853(b), Dec. 22, 2023, 137 Stat. 344.
Dec 23, 2022 – Dec 22, 2023
Annual edition
Subsec. (f). Pub. L. 117–263 added subsec. (f).
▸ what changed changes vs current →
Source credit
Pub. L. 117–263, div. A, title VIII, § 854(b), Dec. 23, 2022, 136 Stat. 2722
Dec 27, 2021 – Dec 23, 2022
Annual edition
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.
▸ what changed changes vs current →
Source credit
Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(A), Dec. 27, 2021, 135 Stat. 2135, 2144
Jan 1, 2021 – Dec 27, 2021
Annual edition
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.
changes vs current →
Source credit
renumbered § 4954 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(5), Jan. 1, 2021, 134 Stat. 4288
Aug 13, 2018 – Jan 1, 2021
Amended · full text not held
Subsec. (b). Pub. L. 115–232, § 858(a)(1), substituted “not more than 75 percent” for “not more than 65 percent” in introductory provisions.
Source credit
Pub. L. 115–232, div. A, title VIII, § 858(a), Aug. 13, 2018, 132 Stat. 1892
Dec 26, 2013 – Aug 13, 2018
Amended · full text not held
Subsec. (b). Pub. L. 113–66, § 1612(a)(1), substituted “65 percent” for “one-half” in introductory provisions.
Source credit
Pub. L. 113–66, div. A, title XVI, §§ 1611(c), 1612(a), Dec. 26, 2013, 127 Stat. 947, 948
Dec 2, 2002 – Dec 26, 2013
Amended · full text not held
Subsec. (d). Pub. L. 107–314 added subsec. (d).
Source credit
Pub. L. 107–314, div. A, title VIII, § 814, Dec. 2, 2002, 116 Stat. 2610
Oct 17, 1998 – Dec 2, 2002
Amended · full text not held
Subsec. (c). Pub. L. 105–261 substituted “district” for “region”.
Source credit
Pub. L. 105–261, div. A, title VIII, § 802(a)(1), Oct. 17, 1998, 112 Stat. 2081
Dec 4, 1987 – Oct 17, 1998
Amended · full text not held
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.
Source credit
Pub. L. 99–661, div. A, title IX, formerly title IV, § 956(b), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, and amended Pub. L. 100–180, div. A, title XII, § 1233(b), Dec. 4, 1987, 101 Stat. 1161
Apr 21, 1987 – Dec 4, 1987
Amended · full text not held
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.
Source credit
Pub. L. 99–661, div. A, title IX, formerly title IV, § 956(b), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, and amended Pub. L. 100–180, div. A, title XII, § 1233(b), Dec. 4, 1987, 101 Stat. 1161
Nov 14, 1986 – Apr 21, 1987
Amended · full text not held
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”.
Source credit
Pub. L. 99–661, div. A, title IX, formerly title IV, § 956(b), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, and amended Pub. L. 100–180, div. A, title XII, § 1233(b), Dec. 4, 1987, 101 Stat. 1161
Oct 30, 1986 – Nov 14, 1986
Amended · full text not held
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”.
Source credit
Pub. L. 99–500, § 101(c) [title X, § 956(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title X, § 956(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–174
Oct 18, 1986 – Oct 30, 1986
Amended · full text not held
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”.
Source credit
Pub. L. 99–500, § 101(c) [title X, § 956(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–174, and Pub. L. 99–591, § 101(c) [title X, § 956(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–174
Nov 8, 1985 – Oct 18, 1986
Amended · full text not held
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).
Source credit
amended Pub. L. 99–145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 692
Oct 19, 1984 – Nov 8, 1985
Enacted · full text not held
Source credit
Added Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605, § 2413

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