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 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 Ef- fective Date note below. EFFECTIVE DATE Section and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed im- plementation and applicability of existing law, see sec- tion 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title. § 4954. Cooperative agreements (a) AUTHORITY.—The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible enti- ties to carry out the purposes of this chapter. (b) AGREEMENTS.—(1) Under any such coopera- tive agreement, the eligible entity shall agree to sponsor programs to furnish procurement tech- nical assistance to business entities and the Sec- retary 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, 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 Sec- retary determines that it would be in the best interest of the program. (c) WEIGHT TO BE GIVEN SUCCESSFUL PAST PER- FORMANCE.—In conducting a competition for the award of a cooperative agreement under sub- section (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 eli- gible entity of demand for procurement tech- nical assistance, and, in the case of an estab- lished program under this chapter, the outlays and receipts of such program during prior years of operation. (e) ASSOCIATION RECOGNITION AND DUTIES.—Eli- gible entities that provide procurement tech- nical assistance pursuant to this chapter may form an association to pursue matters of com- mon concern. If more than a majority of such el- igible entities are members of such an associa- tion, 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 eli- gible entity. (f) WAIVER OF GOVERNMENT COST SHARE RE- STRICTION.—If the Secretary of Defense deter- mines it to be in the best interests of the Fed- eral 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 de- fense committees a written justification for such determination. (Added Pub. L. 98–525, title XII, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605, § 2413; amended Pub. L. 99–145, title IX, § 919(a), Nov. 8, 1985, 99 Stat. 692; 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; 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; Pub. L. 105–261, div. A, title VIII, § 802(a)(1), Oct. 17, 1998, 112 Stat. 2081; Pub. L. 107–314, div. A, title VIII, § 814, Dec. 2, 2002, 116 Stat. 2610; Pub. L. 113–66, div. A, title XVI, §§ 1611(c), 1612(a), Dec. 26, 2013, 127 Stat. 947, 948; Pub. L. 115–232, div. A, title VIII, § 858(a), Aug. 13, 2018, 132 Stat. 1892; renumbered § 4954 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(5), Jan. 1, 2021, 134 Stat. 4288; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(A), Dec. 27, 2021, 135 Stat. 2135, 2144; Pub. L. 117–263, div. A, title VIII, § 854(b), Dec. 23, 2022, 136 Stat. 2722; Pub. L. 118–31, div. A, title VIII, § 853(b), Dec. 22, 2023, 137 Stat. 344.) Editorial Notes CODIFICATION Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(C), Dec. 27, 2021, 135 Stat. 2144, amended Pub. L. 116–283, 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’’ in introductory provisions. Subsec. (b)(1). Pub. L. 115–232, § 858(a)(2), substituted ‘‘more than 75 percent, but not more than 85 percent’’ for ‘‘more than 65 percent, but not more than 75 per- cent’’. 2013—Subsec. (b). Pub. L. 113–66, § 1612(a)(1), sub- stituted ‘‘65 percent’’ for ‘‘one-half’’ in introductory provisions. Pub. L. 113–66, § 1611(c)(1)(A), (B), substituted ‘‘except that— ‘‘(1) in the case’’ for ‘‘except that in the case’’ and ‘‘; and’’ for period at end. Subsec. (b)(1). Pub. L. 113–66, § 1612(a), substituted ‘‘65 percent’’ for ‘‘one-half’’ and ‘‘75 percent’’ for ‘‘three- fourths’’. Subsec. (b)(2). Pub. L. 113–66, § 1611(c)(1)(C), added par. (2). Subsec. (d). Pub. L. 113–66, § 1611(c)(3), struck out ‘‘and in determining the level of funding to provide under an agreement under subsection (b),’’ after ‘‘subsection (a),’’. Subsec. (e). Pub. L. 113–66, § 1611(c)(2), added subsec. (e). 2002—Subsec. (d). Pub. L. 107–314 added subsec. (d). 1998—Subsec. (c). Pub. L. 105–261 substituted ‘‘dis- trict’’ for ‘‘region’’. 1987—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. 1986—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 pro- grams’’ 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 en- tity that is a distressed entity’’. 1985—Pub. L. 99–145 amended section generally, sub- stituting ‘‘, 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). 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 OF 1987 AMENDMENT Pub. L. 100–180, div. A, title XII, § 1233(c)(2), Dec. 4, 1987, 101 Stat. 1161, provided that: ‘‘The amendment made by subsection (b) [amending Public Laws 99–500, 99–591, and 99–661 which amended this section] shall apply as if included in the enactment of Public Laws 99–500, 99–591, and 99–661.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title IX, § 919(d), Nov. 8, 1985, 99 Stat. 693, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section, sections 4955 and 4956 of this title, and former sections 2411 and 2412 of this title] shall take effect on October 1, 1985.’’ § 4955. Funding (a) IN GENERAL.—Except as provided in sub- section (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 chap- ter 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 In- dian Affairs by an eligible entity referred to in section 4951(1)(D) of this title, $450,000; or (4) in the case of a program operated wholly within more than one service area of the Bu- reau of Indian Affairs by an eligible entity re- ferred to in section 4951(1)(D) of this title, $1,000,000. (b) DETERMINATIONS ON SCOPE OF OPER- ATIONS.—A determination of whether a procure- ment 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 shall be made in accord- ance with regulations prescribed by the Sec- retary of Defense. (c) EXCEPTION.—The value of the assistance provided in accordance with section 4959(b) of this title 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 as- sistance program funded under this chapter