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10 U.S.C. § 4955 — Funding

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10 U.S.C. § 4955 — Funding

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Source file: Laws/federal/codes/united-states-code/title-10/section-4955-funding--6e07dd8a3b.md
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Source location: Title 10, Chapter 388, § 4955; chapter-388-procurement-technical-assistance-cooperative-agreement-program.md

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**(a) In General.—** Except as provided in subsection (c), the value of the assistance furnished by the Secretary to any eligible entity to carry out a procurement technical assistance program under a cooperative agreement under this chapter during any fiscal year may not exceed— (1) in the case of a program operating on a Statewide basis, other than a program referred to in paragraph (3) or (4), $1,500,000; (2) in the case of a program operating on less than a Statewide basis, other than a program referred to in paragraph (3) or (4), $750,000; (3) in the case of a program operated wholly within one service area of the Bureau of Indian Affairs by an eligible entity referred to in [section 4951(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4951/1/D&num=0&edition=prelim), $450,000; or (4) in the case of a program operated wholly within more than one service area of the Bureau of Indian Affairs by an eligible entity referred to in [section 4951(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4951/1/D&num=0&edition=prelim), $1,500,000. **(b) Determinations on Scope of Operations.—** A determination of whether a procurement technical assistance program is operating on a Statewide basis or on less than a Statewide basis or is operated wholly within one or more service areas of the Bureau of Indian Affairs by an eligible entity referred to in [section 4951(1)(D) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4951/1/D&num=0&edition=prelim) shall be made in accordance with regulations prescribed by the Secretary of Defense. **(c) Exception.—** The value of the assistance provided in accordance with [section 4959(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4959/b&num=0&edition=prelim) is not subject to the limitations in subsection (a). **(d) Use of Program Income.—** (1) An eligible entity that earned income in a specified fiscal year from activities carried out pursuant to a procurement technical assistance program funded under this chapter may expend an amount of such income, not to exceed 25 percent of the cost of furnishing procurement technical assistance in such specified fiscal year, during the fiscal year following such specified fiscal year, to carry out a procurement technical assistance program funded under this chapter. (2) An eligible entity that does not enter into a cooperative agreement with the Secretary for a fiscal year— (A) shall notify the Secretary of the amount of any income the eligible entity carried over from the previous fiscal year; and (B) may retain an amount of such income equal to 10 percent of the value of assistance furnished by the Secretary under this section during the previous fiscal year. (3) In determining the value of assistance furnished by the Secretary under this section for any fiscal year, the Secretary shall account for the amount of any income the eligible entity carried over from the previous fiscal year. **(e) Funding From Other Federal Agencies.—** The Secretary may accept and use funds from other Federal agencies and departments for execution and administration of the program authorized by this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2414 — Renumbered § 4955]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4957 — Subcontractor information

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2416 — Renumbered § 4957]

### Statutory Notes #### Prior Provisions A prior section 2416 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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4954 — Cooperative agreements

**(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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4953 — Regulations

The Secretary of Defense shall prescribe regulations to carry out this chapter, and shall consult with an association recognized under section 4954(f) 11 See References in Text note below. regarding any revisions to such regulations.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4955 — Funding

Page 2931 TITLE 10—ARMED FORCES § 4955 § 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 in- stead 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), redesig- nated 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 coopera- tive agreements under subsection (a), the Secretary shall assure that at least one procurement technical as- sistance program is carried out in each Department of Defense contract administration services district dur- ing 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 ‘‘sec- tion 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), sub- stituted ‘‘not more than 75 percent’’ for ‘‘not more than 65 percent’’

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