2019 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part IV - Service, Supply, and Procurement
Chapter 142 - Procurement Technical Assistance Cooperative Agreement Program
Sec. 2419 - Advancing small business growth
| 10 U.S.C. § 2419 (2019) |
| §2419. Advancing small business growth |
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(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). |
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(Added Pub. L. 113–66, div. A, title XVI, §1611(a)(1)(B), Dec. 26, 2013, 127 Stat. 946; amended Pub. L. 116–92, div. A, title IX, §902(63), Dec. 20, 2019, 133 Stat. 1550.) |
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REFERENCES IN TEXT
Section 3(a) of the Small Business Act, referred to in subsecs. (a)(2)(A) and (c)(1)(A), (2), is classified to section 632(a) of Title 15, Commerce and Trade. PRIOR PROVISIONSA prior section 2419 was renumbered section 2420 of this title. AMENDMENTS2019—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". |
| United States Code, 2018 Edition, Supplement 1, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 142 - PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM Sec. 2419 - Advancing small business growth |
| section 2419 |
| 2019 |
| January 24, 2020 |
| Yes |
| standard |
| 127 Stat. 946 133 Stat. 1550 |
| Public Law 113-66, Public Law 116-92 |
