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

submitted 42 years ago by Pub. L. 98-525 to r/title-10-ARMED-FORCES · 442 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section authorizes Defense Department cooperative agreements for procurement technical assistance. It sets cost-sharing percentages, exceptions, competition rules, funding considerations, association duties, and a waiver procedure.

(a) The Secretary may enter cooperative agreements with eligible entities to carry out this chapter. (b)(1) An eligible entity must sponsor procurement technical-assistance programs. The Secretary may pay no more than 75% of eligible costs, except (A) for a program serving only a distressed area, more than 75% but no more than 85%; and (B) for assistance to covered small businesses under section 4959(b), the full cost. (2) Case by case, the Secretary may waive or change those percentages if doing so is in the program’s best interest. (c) In competing cooperative agreements, the Secretary must give significant weight to an eligible entity’s successful past performance under this section. (d) Funding decisions must consider the entity’s forecast demand and, for an established program, its prior-year outlays and receipts. (e) Eligible entities may form an association for common concerns. If more than half belong, the Secretary must recognize the association and jointly develop with it a model cooperative agreement that the Secretary and an entity may choose to use. (f) If the Secretary of Defense finds it in the Federal Government’s best interest, the Secretary may waive the limits on the percentage of eligible costs covered under (b), but must send congressional defense committees a written justification.
the actual law source: uscode.house.gov ↗public domain
(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, 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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-525 · 98 Stat. 2605
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 692
  • 1986Amended · Pub. L. 99-500 · 100 Stat. 1783
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 3954
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2081
  • 2002Amended · Pub. L. 107-314 · 116 Stat. 2610
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 947, 948
  • 2018Amended · Pub. L. 115-232 · 132 Stat. 1892
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4288
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2135, 2144
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2722
  • 2023Amended · Pub. L. 118-31 · 137 Stat. 344

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-525 on 1984-10-19.

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