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10 U.S.C. § 4961 — Administrative and other costs
Federal law — U.S. Code and appendices · legal_authorities
The Secretary may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter—
(1) an amount not exceeding four percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year; and
(2) an amount determined appropriate by the Secretary to assist eligible entities in payment of costs of eligible entities—
(A) for meetings, including meetings of an association recognized under section 4954(f),11 See References in Text note below. to discuss best practices for the improvement of the operations of procurement technical assistance centers; and
(B) for membership dues for any association of such centers created by eligible entities, training fees and associated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association.
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Stable record: federal_law:legal_authorities:record_usc_601b671444b45598979f56d3
Source file: Laws/federal/codes/united-states-code/title-10/section-4961-administrative-and-other-costs--6ea140d8fa.md
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Source location: Title 10, Chapter 388, § 4961; chapter-388-procurement-technical-assistance-cooperative-agreement-program.md
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The Secretary may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter—
(1) an amount not exceeding four percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year; and
(2) an amount determined appropriate by the Secretary to assist eligible entities in payment of costs of eligible entities—
(A) for meetings, including meetings of an association recognized under section 4954(f),11 See References in Text note below. to discuss best practices for the improvement of the operations of procurement technical assistance centers; and
(B) for membership dues for any association of such centers created by eligible entities, training fees and associated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2417 was renumbered [section 2420 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2420&num=0&edition=prelim) and was subsequently repealed. Prior to repeal, text of section 2420 was transferred to [section 4953 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4953&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2417
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Federal law — U.S. Code and appendices · legal_authorities
**(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.—**
(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4959/b&num=0&edition=prelim), 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) 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.
**(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 e
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4954
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contract Clause Required.—**
(1) The Under Secretary of Defense for Acquisition and Sustainment shall require the clause described in paragraph (2) to be included in each covered contract awarded by the Department of Defense.
(2) The clause described in this paragraph is a clause that—
(A) requires the contractor to acknowledge that acceptance of the contract may cause the business to exceed the applicable small business size standards (established pursuant to section 3(a) of the Small Business Act) for the industry concerned and that the contractor may no longer qualify as a small business concern for that industry; and
(B) encourages the contractor to develop capabilities and characteristics typically desired in contractors that are competitive as an other-than-small business in that industry.
**(b) Availability of Assistance.—** Covered small businesses may be provided assistance as part of any procurement technical assistance furnished pursuant to this chapter.
**(c) Definitions.—** In this section:
(1) The term “covered contract” means a contract—
(A) awarded to a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act; and
(B) with an estimated annual value—
(i) that will exceed the applicable receipt-based small business size standard; or
(ii) if the contract is in an industry with an employee-based size standard, that will exceed $70,000,000.
(2) The term “covered small business” means a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act that has entered into a contract with the Department of Defense that includes a contract clause described in subsection (a)(2).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4959
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Federal law — U.S. Code and appendices · legal_authorities
Page 2935
TITLE 10—ARMED FORCES
§ 4961
1 See References in Text note below.
part of any procurement technical assistance
furnished pursuant to this chapter.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered contract’’ means a
contract—
(A) awarded to a qualified small business
concern as defined pursuant to section 3(a)
of the Small Business Act; and
(B) with an estimated annual value—
(i) that will exceed the applicable re-
ceipt-based small business size standard;
or
(ii) if the contract is in an industry with
an employee-based size standard, that will
exceed $70,000,000.
(2) The term ‘‘covered small business’’
means a qualified small business concern as
defined pursuant to section 3(a) of the Small
Business Act that has entered into a contract
with the Department of Defense that includes
a contract clause described in subsection
(a)(2).
(Added Pub. L. 113–66, div. A, title XVI,
§ 1611(a)(1)(B), Dec. 26, 2013, 127 Stat. 946, § 2419;
amended Pub. L. 116–92, div. A, title IX, § 902(63),
Dec. 20, 2019, 133 Stat. 1550; renumbered § 4959,
Pub. L. 116–283, div. A, title XVIII, § 1872(a)(10),
Jan. 1, 2021, 134 Stat. 4289; Pub. L. 117–81, div. A,
title XVII, § 1701(b)(24), (m)(2)(F), Dec. 27, 2021,
135 Stat. 2135, 2145.)
Editorial Notes
REFERENCES IN TEXT
Section 3(a) of the Small Business Act, referred to in
subsecs. (a)(2)(A) and (c)(1)(A), (2), is classified to sec-
tion 632(a) of Title 15, Commerce and Trade.
CODIFICATION
Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(G), Dec.
27, 2021, 135 Stat. 2145, amended Pub. L. 116–283,
§ 1872(a)(11), which had originally transferred section
2417 of this title to this section. After amendment by
Pub. L. 117–81, section 1872(a)(11) of Pub. L. 116–283 in-
stead transferred section 2417 to s
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4961
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