(c) COVERED CONTRACTS.-The regulations promulgated under this section shall apply to any contract entered into with the Department of Defense in an amount of $500,000 or more. (Added as §2410d P.L. 102-484, § 4470(a), Oct. 23, 1992, 106 Stat. 2753; redesignated §2410k and amended P.L. 103–35, §201(bX1XA), May 31, 1993, 107 Stat. 97.) § 24101. Contracts for advisory and assistance services: cost comparison studies 11 (a) REQUIREMENT.-(1)(A) Before the Secretary of Defense enters into a contract described in subparagraph (B), the Secretary shall determine whether Department of Defense personnel have the capability to perform the services proposed to be covered by the contract. (B) Subparagraph (A) applies to any contract of the Department of Defense for advisory and assistance services that is expected to have a value in excess of $100,000. (2) If the Secretary determines that Department of Defense personnel have the capability to perform the services to be covered by the contract, the Secretary shall conduct a study comparing the cost of performing the services with Department of Defense personnel and the cost of performing the services with contractor personnel. (b) WAIVER.-The Secretary of Defense may, pursuant to guidelines prescribed by the Secretary, waive the requirement to perform a cost comparison study under subsection (a)(2) based on factors that are not related to cost. (Added P.L. 103–337, § 363(a)(1), Oct. 5, 1994, 108 Stat. 2733.) 11 Section 363(b) of the National Defense Authorization Act for Fiscal Year 1995 (P.L. 103337; 108 Stat. 2734) provides: (b) PROCEDURES FOR CONDUCT OF STUDIES.-The Secretary of Defense shall prescribe the following procedures: (1) Procedures for carrying out a cost comparison study under subsection (a)(2) of section 24101 of title 10, United States Code, as added by subsection (a), which may contain a requirement that the cost comparison study include consideration of factors that are not related to cost, including the quality of the service required to be performed, the availability of Department of Defense personnel, the duration and recurring nature of the services to be performed, and the consistency of the workload. (2) Procedures for reviewing contracts entered into after a waiver under subsection (b) of such section to determine whether the contract is justified and sufficiently documented. CHAPTER 142-PROCUREMENT TECHNICAL ASSISTANCE Sec. 2411. 2412. 2413. 2414. 2415. 2416. 2417. 2418. 2419. COOPERATIVE AGREEMENT PROGRAM Definitions. Purposes. Cooperative agreements. Limitation. Distribution. Subcontractor information. Administrative costs. Authority to provide certain types of technical assistance. $2411. Definitions In this chapter: (1) The term "eligible entity" means any of the following: (A) A State. (B) A local government. (C) A private, nonprofit organization. (D) A tribal organization, as defined in section 4(1) of the Indian Self-Determination and Education Assistance Act (Public Law 93-638; 25 U.S.C. 450b(1)), or an economic enterprise, as defined in section 3(e) of the Indian Financing Act of 1974 (Public Law 93-262; 25 U.S.C. 1452(e)), whether or not such economic enterprise is organized for profit purposes or nonprofit purposes. (2) The term "distressed area" means (A) the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government) that (i) has a per capita income of 80 percent or less of the State average; or (ii) has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or (B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (Public Law 93-262; 25 U.S.C. 1452(d)). (3) The term "Secretary" means the Secretary of Defense acting through the Director of the Defense Logistics Agency. (4) The terms "State" and "local government" have the meaning given those terms in section 6302 of title 31. (Added P.L. 98-525, §1241(a)(1), Oct. 19, 1984, 98 Stat. 2605, and amended P.L. 99-145, $919(a), Nov. 8, 1985, 99 Stat. 692; revised in its entirety by identical amendments P.L. 99500, 99-591, 99-661, §§ 101(c) [§ 956(a)], 101(c) [§ 956(a)], 956(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954, and amended P.L. 100-180, §807(b), Dec. 4, 1987, 101 Stat. 1128; P.L. 100 456, § 841(b)(2), Sept. 29, 1988, 102 Stat. 2025; P.L. 101-189, § 853(e), Nov. 29, 1989, 103 Stat. 1519; P.L. 102-25, §701(j)(5), April 6, 1991, 105 Stat. 116; P.L. 102-484, $1052(31), Oct. 23, 1992, 106 Stat. 2501.) § 2412. Purposes The purposes of the program authorized by this chapter are(1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities; and (2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs. (Added P.L. 98-525, § 1241(aX1), Oct. 19, 1984, 98 Stat. 2605, and amended P.L. 99-145, § 919(a), Nov. 8, 1985, 99 Stat. 692.) § 2413. Cooperative agreements (a) 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) 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 one-half of the eligible entity's cost of furnishing such assistance under such programs, except that 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 one-half, but not more than three-fourths, of such cost with respect to such program. (c) 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 region during each fiscal year. (Added P.L. 98-525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605, and amended P.L. 99-145, §919(a), Nov. 8, 1985, 99 Stat. 692; amended identically P.L. 99-500, 99-591, 99-600, §§ 101(c) [§ 956(b)), 101(c) [§ 956(b)], 956(b), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954.) § 2414. Limitation (a) IN GENERAL.-The value of the assistance furnished by the Secretary to any eligible entity to carry out a procurement technical assistance program under a cooperative agreement under this chapter during any fiscal year may not exceed (1) in the case of a program operating on a Statewide basis, other than a program referred to in clause (3) or (4), $300,000; (2) in the case of a program operating on less than a Statewide basis, other than a program referred to in clause (3) or (4), $150,000; (3) in the case of a program operated wholly within one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 2411(1)(D) of this title, $150,000; or (4) in the case of a program operated wholly within more than one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 2411(1)(D) of this title, $300,000. (b) DETERMINATIONS ON SCOPE OF OPERATIONS.-A determination of whether a procurement technical assistance program is op erating on a Statewide basis or on less than a Statewide basis or is operated wholly within one or more service areas of the Bureau of Indian Affairs by an eligible entity referred to in section 2411(1)(D) of this title shall be made in accordance with regulations prescribed by the Secretary of Defense. (Added P.L. 98–525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605, and amended P.L. 99–145, §919(a), Nov. 8, 1985, 99 Stat. 692; revised in its entirety P.L. 100–456, §841(a), Sept. 29, 1988, 102 Stat. 2025; amended P.L. 101-189, §819(c), Nov. 29, 1989, 103 Stat. 1503; P.L. 102-25, § 701(f)(7), April 6, 1991, 105 Stat. 115.) § 2415. Distribution The Secretary shall allocate funds available for assistance under this chapter equally to each Defense Contract Administration Services region. If in any such fiscal year there is an insufficient number of satisfactory proposals in a region for cooperative agreements to allow effective use of the funds allocated to that region, the funds remaining with respect to that region shall be reallocated among the remaining regions. (Added P.L. 98-525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605, and amended P.L. 99–145, §919(b), Nov. 8, 1985, 99 Stat. 692; P.L. 100–180, § 807(c), Dec. 4, 1987, 101 Stat. 1128.) $2416. Subcontractor information (a) The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the information specified in subsection (b). (b) Information to be provided under subsection (a) is a listing of the name of each appropriate employee of the contractor who has responsibilities with respect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and telephone number and area of responsibility of each such employee. (c) A defense contractor need not provide information under this section to a particular eligible entity more frequently than once a year. (d) In this section, the term "defense contractor", for any year, means a person awarded a contract with the Department of Defense in that year for an amount in excess of $500,000. (Added by identical amendments P.L. 99-500, 99-591, 99-661, §§ 101(c) [§ 957(a)(1)], 101(c) [§ 957(a)(1)], 957(a)(1), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783-174, 3341-174, 3954 (former § 2416 redesignated §2417].) 82417. Administrative costs The Director of the Defense Logistics Agency may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter, an amount not exceeding three percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year. (Added P.L. 101–510, §814(a)(1)(B), Nov. 5, 1990, 104 Stat. 1596.) |