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

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

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

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Source location: Title 10, Chapter 388, § 4954; chapter-388-procurement-technical-assistance-cooperative-agreement-program.md

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

10 U.S.C. § 2415 — Renumbered § 4956]

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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. § 2413 — Renumbered § 4954]

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

10 U.S.C. § 4956 — Distribution

The Secretary shall allocate funds available for assistance under this chapter equally to each Department of Defense contract administrative services district. If in any such fiscal year there is an insufficient number of satisfactory proposals in a district for cooperative agreements to allow effective use of the funds allocated to that district, the funds remaining with respect to that district shall be reallocated among the remaining districts.

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

10 U.S.C. § 4952 — Purposes

The purposes of the program authorized by this chapter are— (1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities; (2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs; and (3) to foster innovation for the defense industrial base and to diversify and expand the defense industrial base.

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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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10 U.S.C. § 4955 — Funding

**(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](h

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

10 U.S.C. § 4961 — Administrative and other costs

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

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

Page 2930 TITLE 10—ARMED FORCES § 4954 X, § 957(a)(1)(A)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–174, and Pub. L. 99–661, div. A, title IX, formerly title IV, § 957(a)(1)(A), Nov. 14, 1986, 100 Stat. 3954, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; renumbered § 2418, Pub. L. 101–510, div. A, title VIII, § 814(a)(1)(A), Nov. 5, 1990, 104 Stat. 1596; renumbered § 2419, Pub. L. 102–484, div. D, title XLII, § 4236(a)(1)(A), Oct. 23, 1992, 106 Stat. 2691; renumbered § 2420, Pub. L. 113–66, div. A, title XVI, § 1611(a)(1)(A), Dec. 26, 2013, 127 Stat. 946. Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(B), Dec. 27, 2021, 135 Stat. 2135, 2144, amended Pub. L. 116–283, § 1872(a)(6), which had originally trans- ferred section 2414 of this title to this section and made amendments in the text. After amendment by Pub. L. 117–81, section 1872(a)(6) of Pub. L. 116–283 instead trans- ferred section 2414 to section 4955 of this title and con- sequently amended the text of that section. AMENDMENTS 2022—Pub. L. 117–263 inserted before period at end: ‘‘, and shall consult with an association recognized under section 4954(f) regarding any revisions to such regulations’’. 2021—Pub. L. 117–81, § 1701(m)(3), which directed amendment of section ‘‘1872(a)(B)’’ of Pub. L. 116–283, was executed as if it had referred to section ‘‘1872(a)(1)(B)’’ of Pub. L. 116–283, which enacted this section, to reflect the probable intent of Congress. Pub. L. 116–283, § 1872(a)(4), as amended by Pub. L. 117–81, § 1701(m)(1)(C), transferred the text of section 2420 of this title to this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enac

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