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10 U.S.C. § 4959Advancing small business growth

submitted 13 years ago by Pub. L. 113-66 to r/title-10-ARMED-FORCES · 260 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section requires certain Defense Department contracts to include a warning and growth-oriented clause for small businesses. It permits assistance and defines covered contracts and covered small businesses.

(a)(1) The Under Secretary of Defense for Acquisition and Sustainment must require the clause in (2) in every Department of Defense covered contract. (2) The clause must (A) require the contractor to acknowledge that accepting the contract may make the business exceed applicable Small Business Act section 3(a) size standards and stop qualifying as small in that industry, and (B) encourage capabilities and characteristics commonly desired in competitive larger-than-small contractors in that industry. (b) Covered small businesses may receive assistance through chapter procurement technical assistance. (c)(1) “Covered contract” means a contract (A) awarded to a qualified small business under section 3(a) of the Small Business Act and (B) with estimated annual value (i) exceeding the applicable receipt-based size standard or (ii), in an employee-based-size-standard industry, exceeding $70,000,000. (2) “Covered small business” means such a qualified small business that entered a Department of Defense contract containing the clause in (a)(2).
the actual law source: uscode.house.gov ↗public domain
(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).

Source credit: (Added Pub. L. 113–66, div. A, title XVI, § 1611(a)(1)(B), Dec. 26, 2013, 127 Stat. 946, § 2419; amended Pub. L. 116–92, div. A, title IX, § 902(63), Dec. 20, 2019, 133 Stat. 1550; renumbered § 4959, Pub. L. 116–283, div. A, title XVIII, § 1872(a)(10), Jan. 1, 2021, 134 Stat. 4289; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(F), Dec. 27, 2021, 135 Stat. 2135, 2145.)

history & why it existsrecord from the source credit
  • 2013Enacted · Pub. L. 113-66 · 127 Stat. 946
  • 2019Amended · Pub. L. 116-92 · 133 Stat. 1550
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 4289
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2135, 2145

A history note hasn’t been published yet. The record shows enactment by Pub. L. 113-66 on 2013-12-26.

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