US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 4954

Cooperative agreements

(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)
section 4959(b) of this title in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to , 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.

Pub. L. 98–525, title XII, § 1241(a)(1)98 Stat. 2605 Pub. L. 99–145, title IX, § 919(a)99 Stat. 692 Pub. L. 99–500, § 101(c) [title X, § 956(b)]100 Stat. 1783–82 Pub. L. 99–591, § 101(c) [title X, § 956(b)]100 Stat. 3341–82 Pub. L. 99–661, div. A, title IX100 Stat. 3954 Pub. L. 100–26, § 3(5)101 Stat. 273 Pub. L. 100–180, div. A, title XII, § 1233(b)101 Stat. 1161 Pub. L. 105–261, div. A, title VIII, § 802(a)(1)112 Stat. 2081 Pub. L. 107–314, div. A, title VIII, § 814116 Stat. 2610 Pub. L. 113–66, div. A, title XVI127 Stat. 947 Pub. L. 115–232, div. A, title VIII, § 858(a)132 Stat. 1892 Pub. L. 116–283, div. A, title XVIII, § 1872(a)(5)134 Stat. 4288 Pub. L. 117–81, div. A, title XVII, § 1701(b)(24)135 Stat. 2135 Pub. L. 117–263, div. A, title VIII, § 854(b)136 Stat. 2722 Pub. L. 118–31, div. A, title VIII, § 853(b)137 Stat. 344 (Added , , , § 2413; amended , , ; , , , 1783–174, and , , , 3341–174; , formerly title IV, § 956(b), , , renumbered title IX, , , , and amended , , ; , , ; , , ; , §§ 1611(c), 1612(a), , , 948; , , ; renumbered § 4954 and amended , , ; , (m)(2)(A), , , 2144; , , ; , , .)

Editorial Notes

Codification

Pub. L. 117–81, div. A, title XVII, § 1701(m)(2)(C)135 Stat. 2144 Pub. L. 116–283, § 1872(a)(7)section 2415 of this titlePub. L. 117–81section 1872(a)(7) of Pub. L. 116–283section 4956 of this title, , , amended , which had originally transferred to this section. After amendment by , instead transferred section 2415 to .

Pub. L. 99–591Pub. L. 99–500 is a corrected version of .

Amendments

Pub. L. 118–31, § 853(b)(1)2023—Subsec. (b). , 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).

Pub. L. 118–31, § 853(b)(2)Subsecs. (c) to (e). , redesignated 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 cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.”

Pub. L. 118–31, § 853(b)(3)Subsec. (f). , added subsec. (f). Former subsec. (f) redesignated (e).

Pub. L. 117–2632022—Subsec. (f). added subsec. (f).

Pub. L. 116–283, § 1872(a)(5)Pub. L. 117–81, § 1701(b)(24)section 2413 of this title2021—, as amended by , (m)(2)(A)(i), renumbered as this section.

Pub. L. 116–283, § 1872(a)(5)(A)Subsec. (a). , inserted heading.

Pub. L. 116–283, § 1872(a)(5)(B)Pub. L. 117–81, § 1701(m)(2)(A)(ii)Subsec. (b). , as amended by , inserted heading and, in par. (2), substituted “section 4959(b)” for “section 2419(b)”.

Pub. L. 116–283, § 1872(a)(5)(C)Subsecs. (c) to (e). –(E), inserted heading.

Pub. L. 115–232, § 858(a)(1)2018—Subsec. (b). , substituted “not more than 75 percent” for “not more than 65 percent” in introductory provisions.

Pub. L. 115–232, § 858(a)(2)Subsec. (b)(1). , substituted “more than 75 percent, but not more than 85 percent” for “more than 65 percent, but not more than 75 percent”.

Pub. L. 113–66, § 1612(a)(1)2013—Subsec. (b). , substituted “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.

Pub. L. 113–66, § 1612(a)Subsec. (b)(1). , substituted “65 percent” for “one-half” and “75 percent” for “three-fourths”.

Pub. L. 113–66, § 1611(c)(1)(C)Subsec. (b)(2). , added par. (2).

Pub. L. 113–66, § 1611(c)(3)Subsec. (d). , struck out “and in determining the level of funding to provide under an agreement under subsection (b),” after “subsection (a),”.

Pub. L. 113–66, § 1611(c)(2)Subsec. (e). , added subsec. (e).

Pub. L. 107–3142002—Subsec. (d). added subsec. (d).

Pub. L. 105–2611998—Subsec. (c). substituted “district” for “region”.

Pub. L. 100–180Pub. L. 99–500Pub. L. 99–591Pub. L. 99–6611987—Subsec. (b). made technical amendment to directory language of , , and . See 1986 Amendment note below.

Pub. L. 99–500Pub. L. 99–591Pub. L. 99–661Pub. L. 100–1801986—Subsec. (b). , , and , as amended by , amended subsec. (b) identically, inserting “sponsor programs to” after first reference to “agree to”, “under such programs” 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 entity that is a distressed entity”.

Pub. L. 99–1451985— amended section generally, substituting “, 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

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 1987 Amendment

Pub. L. 100–180, div. A, title XII, § 1233(c)(2)101 Stat. 1161

“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.”
, , , provided that:

Effective Date of 1985 Amendment

Pub. L. 99–145, title IX, § 919(d)99 Stat. 693

“The amendments made by subsections (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 .”
, , , provided that: