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LegalText 10 U.S.C. § 4959 Advancing small business growth us united_states_code code_section 10 ARMED FORCES 388 PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PROGRAM 4959 10 U.S.C. § 4959 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s4959 data/legal/raw/us/code/title-10/usc10.xml 8e15202cd846730bd42be3fc81cd498a9f9062629b3ee1002eccf2356a636ae8 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 83168509eeeb29da20b22e81c8a79e6876c94e1f88170d8963139b77b29edfa1 2026-07-04 official
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10 U.S.C. § 4959 - Advancing small business growth

Text

(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).

(Added Pub. L. 11366, div. A, title XVI, § 1611(a)(1)(B), Dec. 26, 2013, 127 Stat. 946, § 2419; amended Pub. L. 11692, div. A, title IX, § 902(63), Dec. 20, 2019, 133 Stat. 1550; renumbered § 4959, Pub. L. 116283, div. A, title XVIII, § 1872(a)(10), Jan. 1, 2021, 134 Stat. 4289; Pub. L. 11781, div. A, title XVII, § 1701(b)(24), (m)(2)(F), Dec. 27, 2021, 135 Stat. 2135, 2145.)

Notes

Editorial Notes

References in TextSection 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.

Codification Pub. L. 11781, div. A, title XVII, § 1701(m)(2)(G), Dec. 27, 2021, 135 Stat. 2145, amended Pub. L. 116283, § 1872(a)(11), which had originally transferred section 2417 of this title to this section. After amendment by Pub. L. 11781, section 1872(a)(11) of Pub. L. 116283 instead transferred section 2417 to section 4961 of this title.

Amendments2021—Pub. L. 116283, § 1872(a)(10), as amended by Pub. L. 11781, § 1701(b)(24), (m)(2)(F), renumbered section 2419 of this title as this section. 2019—Subsec. (a)(1). Pub. L. 11692 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 AmendmentAmendment by Pub. L. 11781 applicable as if included in the enactment of title XVIII of Pub. L. 116283 as enacted, see section 1701(a)(2) of Pub. L. 11781, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116283, set out as a note preceding section 3001 of this title.