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10 U.S.C. § 4959 — Advancing small business growth
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).
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Stable record: federal_law:legal_authorities:record_usc_6a1bc866163b857952aab3b3
Source file: Laws/federal/codes/united-states-code/title-10/section-4959-advancing-small-business-growth--36c534f71f.md
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Source location: Title 10, Chapter 388, § 4959; chapter-388-procurement-technical-assistance-cooperative-agreement-program.md
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**(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).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2419 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. § 2419
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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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4961
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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) Contractors to Provide Information.—** The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the information specified in subsection (b).
**(b) Information to Be Provided.—** Information to be provided under subsection (a) is a listing of the name of each appropriate employee of the contractor who has responsibilities with respect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and telephone number and area of responsibility of each such employee.
**(c) Frequency.—** A defense contractor need not provide information under this section to a particular eligible entity more frequently than once a year.
**(d) Definition.—** In this section, the term “defense contractor”, for any year, means a person awarded a contract with the Department of Defense in that year for an amount in excess of $1,000,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4957
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Federal law — U.S. Code and appendices · legal_authorities
Page 2934
TITLE 10—ARMED FORCES
§ 4958
AMENDMENTS
2021—Pub. L. 116–283, § 1872(a)(8), as amended by Pub.
L. 117–81, § 1701(b)(24), (m)(2)(D), renumbered section
2416 of this title as this section and inserted headings
in subsecs. (a) to (d).
2004—Subsec.
(d).
Pub.
L.
108–375
substituted
‘‘$1,000,000’’ for ‘‘$500,000’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded 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
Pub. L. 99–500, § 101(c) [title X, § 957(b)], Oct. 18, 1986,
100 Stat. 1783–82, 1783–175, Pub. L. 99–591, § 101(c) [title X,
§ 957(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–175, and
Pub. L. 99–661, div. A, title IX, formerly title IV,
§ 957(b), Nov. 14, 1986, 100 Stat. 3955, renumbered title
IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, pro-
vided that: ‘‘Section 2416 of title 10, United States Code
[now 10 U.S.C. 4957], as added by subsection (a), shall
take effect on January 1, 1987.’’
§ 4958. Authority to provide certain types of tech-
nical assistance
(a) ASSISTANCE RELATING TO CERTAIN NON-DE-
FENSE 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 depart-
ments and agencies other than t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4959
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