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Title 10 — Armed Forces

Part V · Chapter 388 — Procurement Technical Assistance Cooperative Agreement Program

§ 4958. Authority to provide certain types of technical assistance

Statutory text

(a)

Assistance Relating to Certain Non-defense Contracts.—

The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.

(b)

Information Relating to Assistance and Other Programs Available.—

An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.

(c)

Education on Requirements Applicable to Small Businesses Under Certain Regulations.—

An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued—

(1)

under section 38 of the Arms Export Control Act (22 U.S.C. 2778), and on compliance with those requirements;

(2)

under section 9 of the Small Business Act (15 U.S.C. 638), and on compliance with those requirements;

(3)

under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements);

(4)

under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements); and

(5)

under the AUKUS partnership (as defined in section 1321 of the National Defense Authorization Act for Fiscal Year 2024 (22 U.S.C. 10401).

(d)

The Under Secretary of Defense for Acquisition and Sustainment may—

(1)

provide assistance to an eligible entity that is a center of excellence for the APEX Accelerator Program of the Department of Defense (or a successor program) to provide specialized expertise to business entities outside of the geographic area served by the center of excellence; and

(2)

may waive the government cost share restriction in accordance with section 4954(f) of this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

    Pub. L. 102–484 div. D title XLII § 4236(a)(1)(B) · 106 Stat. 2315

    Enacted · 10 U.S.C. § 4958

    Added Pub. L. 102–484, div. D, title XLII, § 4236(a)(1)(B), Oct. 23, 1992, 106 Stat. 2691, § 2418

    Source evidence

    Code source credit
    Added Pub. L. 102–484, div. D, title XLII, § 4236(a)(1)(B), Oct. 23, 1992, 106 Stat. 2691, § 2418

    Enacted provision · exact public law section
    (B) by inserting after section 2417 the following new section: “§ 2418. Authority to provide certain types of technical assistance “(a) The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments. “(b) An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.”.

  2. Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title VIII § 823(b) · 128 Stat. 3292

    Added · 10 U.S.C. § 4958(c)

    Pub. L. 113–291 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 113–291 added subsec. (c).

    Enacted provision · exact public law section
    (b) Procurement Technical Assistance.— Section 2418 of title 10, United States Code, is amended by adding at the end the following new subsection: “(c) An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued under section 38 of the Arms Export Control Act (22 U.S.C. 2778) and on compliance with those requirements.” .

  3. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 div. A title XVII § 1708 · 131 Stat. 1283

    1. Substituted · 10 U.S.C. § 4958(c)

      Pub. L. 115–91 substituted “issued—” for “issued”

    2. Inserted · 10 U.S.C. § 4958(c)

      Pub. L. 115–91 inserted par. (1) designation before “under” and comma before “and on compliance”

    3. Added · 10 U.S.C. § 4958(c)

      Pub. L. 115–91 added par. (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 115–91 substituted “issued—” for “issued”, inserted par. (1) designation before “under” and comma before “and on compliance”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 1708. INCLUSION OF SBIR AND STTR PROGRAMS IN TECHNICAL ASSISTANCE.   Subsection (c) of section 2418 of title 10, United States Code, is amended— (1) by striking “issued under” and inserting the following: “issued— “(1) under” ; (2) by striking “and on” and inserting “, and on”; (3) by striking “requirements.” and inserting “requirements; and”; and (4) by adding at the end the following new paragraph: “(2) under section 9 of the Small Business Act (15 U.S.C. 638), and on compliance with those requirements.” .

  4. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1872(a)(9) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4958

      Pub. L. 116–283, § 1872(a)(9), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(E), renumbered section 2418 of this title as this section

    2. Inserted · 10 U.S.C. § 4958

      Pub. L. 116–283, § 1872(a)(9), as inserted headings in subsecs. (a) to (c)

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1872(a)(9), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(E), renumbered section 2418 of this title as this section and inserted headings in subsecs. (a) to (c).

    Enacted provision · exact public law section
    (9) Transfer of section 2418.— Section 2418 of title 10, United States Code, is transferred to chapter 385 of such title, as amended by paragraph (1), inserted after section 4955, as transferred and redesignated by paragraph (8), redesignated as section 4956, and amended— (A) in subsection (a), by inserting “Assistance Relating to Certain Non-defense Contracts.—” after “(a)”; (B) in subsection (b), by inserting “Information Relating to Assistance and Other Programs Available.—” after “(b)”; and (C) in subsection (c), by inserting “Education on Requirements Applicable to Small Businesses Under Certain Regulations.—” after “(c)”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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.

  5. National Defense Authorization Act for Fiscal Year 2024

    Pub. L. 118–31 div. A title VIII § 853(c) · 137 Stat. 136

    Added · 10 U.S.C. § 4958(c)(3); 10 U.S.C. § 4958(c)(4)

    Pub. L. 118–31 added pars. (3) and (4)

    Source evidence

    Code amendment note
    Subsec. (c)(3), (4). Pub. L. 118–31 added pars. (3) and (4).

    Enacted provision · exact public law section
    (c) Authority to Provide Certain Types of Technical Assistance.— Section 4958(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking “; and” and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: “(3) under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and “(4) under section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505), and on compliance with those requirements (and any such successor requirements).” .

  6. Pub. L. 119–60 § 861(d)(1) · 139 Stat. 989

    Added · 10 U.S.C. § 4958(c)(5)

    Pub. L. 119–60, § 861(d)(1), added par. (5)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 119–60, § 861(d)(1), added par. (5).

  7. Pub. L. 119–60 § 861(d)(2) · 139 Stat. 989

    Added · 10 U.S.C. § 4958(d)

    Pub. L. 119–60, § 861(d)(2), added subsec. (d)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 119–60, § 861(d)(2), added subsec. (d).

8 of 10 references resolved to an enrolled provision · 2 unresolved

Editorial Notes

References in Text

The Defense Conversion, Reinvestment, and Transition Assistance Act of 1992, referred to in subsec. (b), is div. D of Pub. L. 102–484, , 106 Stat. 2658. For complete classification of div. D to the Code, see Short Title note set out under section 4801 of this title and Tables.

Section 847 of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsec. (c)(4), is section 847 of Pub. L. 116–92, which is set out as a note under section 4819 of this title.

Amendments2014–2025 · 5 rounds

2025

Subsec. (c)(5). Pub. L. 119–60, § 861(d)(1), added par. (5).

Subsec. (d). Pub. L. 119–60, § 861(d)(2), added subsec. (d).

2023

Subsec. (c)(3), (4). Pub. L. 118–31 added pars. (3) and (4).

2021

Pub. L. 116–283, § 1872(a)(9), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(E), renumbered section 2418 of this title as this section and inserted headings in subsecs. (a) to (c).

2017

Subsec. (c). Pub. L. 115–91 substituted “issued—” for “issued”, inserted par. (1) designation before “under” and comma before “and on compliance”, and added par. (2).

2014

Subsec. (c). Pub. L. 113–291 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included 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 , 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.

Credits

1992–2025 · 7 acts
  1. 1992Added Pub. L. 102–484, div. D, title XLII, § 4236(a)(1)(B), , 106 Stat. 2691, § 2418
  2. 2014amended Pub. L. 113–291, div. A, title VIII, § 823(b), , 128 Stat. 3436
  3. 2017Pub. L. 115–91, div. A, title XVII, § 1708, , 131 Stat. 1809
  4. 2021renumbered § 4958 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(9), , 134 Stat. 4289
  5. 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(E), , 135 Stat. 2135, 2145
  6. 2023Pub. L. 118–31, div. A, title VIII, § 853(c), , 137 Stat. 344
  7. 2025Pub. L. 119–60, div. A, title VIII, § 861(d), , 139 Stat. 989.
Show as published

(Added Pub. L. 102–484, div. D, title XLII, § 4236(a)(1)(B), , 106 Stat. 2691, § 2418; amended Pub. L. 113–291, div. A, title VIII, § 823(b), , 128 Stat. 3436; Pub. L. 115–91, div. A, title XVII, § 1708, , 131 Stat. 1809; renumbered § 4958 and amended Pub. L. 116–283, div. A, title XVIII, § 1872(a)(9), , 134 Stat. 4289; Pub. L. 117–81, div. A, title XVII, § 1701(b)(24), (m)(2)(E), , 135 Stat. 2135, 2145; Pub. L. 118–31, div. A, title VIII, § 853(c), , 137 Stat. 344; Pub. L. 119–60, div. A, title VIII, § 861(d), , 139 Stat. 989.)

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