§ 4959. Advancing small business growth

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. 2013

   National Defense Authorization Act for Fiscal Year 2014

   Pub. L. 113–66 div. A title XVI § 1611(a)(1)(B) · 127 Stat. 672

   Enacted · 10 U.S.C. § 4959

   Added Pub. L. 113–66, div. A, title XVI, § 1611(a)(1)(B), Dec. 26, 2013, 127 Stat. 946, § 2419

   Source evidence

   Code source credit
   Added Pub. L. 113–66, div. A, title XVI, § 1611(a)(1)(B), Dec. 26, 2013, 127 Stat. 946, § 2419

   Enacted provision · exact public law section
   (B) by inserting after section 2418 the following new section 2419: “§ 2419. Advancing small business growth “(a) Contract Clause Required.— (1) The Under Secretary of Defense for Acquisition, Technology, and Logistics 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).” .

2. 2019

   National Defense Authorization Act for Fiscal Year 2020

   Pub. L. 116–92 div. A title IX § 902(63) · 133 Stat. 1198

   Substituted · 10 U.S.C. § 4959(a)(1)

   Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

   Enacted provision · exact public law section
   (63) Section 2419(a)(1) of title 10, United States Code, is amended by striking “Under Secretary of Defense for Acquisition, Technology, and Logistics” and inserting “Under Secretary of Defense for Acquisition and Sustainment”.

3. 2021

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

   Pub. L. 116–283 § 1872(a)(10) · 134 Stat. 3388

   Amended · 10 U.S.C. § 4959

   Pub. L. 116–283, § 1872(a)(10), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(F), renumbered section 2419 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1872(a)(10), as amended by Pub. L. 117–81, § 1701(b)(24), (m)(2)(F), renumbered section 2419 of this title as this section.

   Enacted provision · exact public law section
   (10) Transfer of section 2419.— Section 2419 of title 10, United States Code, is transferred to chapter 385 of such title, as amended by paragraph (1), inserted after section 4956, as transferred and redesignated by paragraph (7), and redesignated as section 4957.

   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.

3 of 3 references resolved to an enrolled provision