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§ 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 tech

nical assistance programs. (Added P.L. 98–525, § 1241(a)(1), Oct. 19, 1984, 98 Stat. 2605; 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 district during each fiscal year.

(d) In conducting a competition for the award of a cooperative agreement under subsection (a), and in determining the level of funding to provide under an agreement under subsection (b), the Secretary shall give significant weight to successful past performance of eligible entities under a cooperative agreement under this section. (Added P.L. 98–525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605; 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) [8956(b)], 101(c) ($956(b)], 956(b), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783–174, 3341-174, 3954; P.L. 105–261, 8802(a)(1), Oct. 17, 1998, 112 Stat. 2081; P.L. 107–314, $814, Dec. 2, 2002, 116

Stat. 2610.)

§ 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), $600,000;

(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, $600,000.

(b) DETERMINATIONS ON SCOPE OF OPERATIONS.—A determination of whether a procurement technical assistance program is operating 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; 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; P.L. 107–107, $813, Dec. 28, 2001, 115 Stat. 1181; P.L. 107–314, $ 815, Dec. 2, 2002, 116 Stat. 2610.) § 2415. Distribution

The Secretary shall allocate funds available for assistance under this chapter equally to each Department of Defense contract administrative services district. If in any such fiscal year there is an insufficient number of satisfactory proposals in a district for cooperative agreements to allow effective use of the funds allocated to that district, the funds remaining with respect to that district shall be reallocated among the remaining districts. (Added P.L. 98–525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605; 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; P.L. 105–261, $ 802(a)(2), (b), Oct. 17, 1998, 112 Stat. 2081.) § 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) [8957(a)(1)], 101(c) [8 957(a)(1)], 957(a)(1), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783–174, 3341–174, 3954 [former $ 2416 redesignated § 2417].)

$ 2417. 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.) § 2418. Authority to provide certain types of technical as

sistance (a) The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.

(b) An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992. (Added P.L. 102–484, § 4236(a)(1)(B), Oct. 23, 1992, 106 Stat. 2691.) $ 2419. Regulations

The Secretary of Defense shall prescribe regulations to carry out this chapter. (Added as $ 2416 P.L. 98–525, § 1241(a), Oct. 19, 1984, 98 Stat. 2605; redesignated $ 2417 by identical amendments P.L. 99–500, 99-591, 99-661, $$ 101(c) (8957(a)(1)], 101(c) (8957(a)(1)), 957(a)(1), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783–174, 3341-174, 3954; redesignated $ 2418 P.L. 101-510, $ 813(a)(1)(A), Nov. 5, 1990, 104 Stat. 1596; redesignated $ 2419 P.L. 102484, § 4236(a)(1)(A), Oct. 23, 1992, 106 Stat. 2691.)

CHAPTER 143–PRODUCTION BY MILITARY AGENCIES

Sec. 2421. Plantations and farms: operation, maintenance, and improvement. 2422. Bakery and dairy products: procurement outside the United States. 2423. Laundry and dry cleaning services: procurement from facilities operated by

the Navy Resale and Services Support Office. 2424. Procurement of supplies and services from exchange stores outside the

United States. $2421. Plantations and farms: operation, maintenance, and

improvement (a) Appropriations for the subsistence of members of the Army, Navy, Air Force, or Marine Corps are available for expenditures necessary in the operation, maintenance, and improvement of any plantation or farm, outside the United States and under the jurisdiction of the Army, Navy, Air Force, or Marine Corps, as the case may be, for furnishing fresh fruits and vegetables to the armed forces. However, no land may be acquired under this subsection.

(b) Fruits and vegetables produced under subsection (a) that are over the amount furnished or sold to the armed forces or to civilians serving with the armed forces may be sold only outside the United States.

(c) Of the persons employed by the United States under subsection (a), only nationals of the United States are entitled to the benefits provided by laws relating to the employment, work, compensation, or other benefits of civilian employees of the United States.

(d) A plantation or farm covered by subsection (a) shall be operated, maintained, and improved by a private contractor or lessee, so far as practicable. Before using members of the Army, Navy, Air Force, or Marine Corps, as the case may be, the Secretary concerned must make a reasonable effort to make a contract or lease with a person in civil life for his services for that operation, maintenance, or improvement, on terms advantageous to the United States. A determination by the Secretary as to the reasonableness of effort to make a contract or lease, and as to the advantageous nature of its terms, is final. (Aug. 10, 1956, ch. 1041, 70A Stat. 138.) $ 2422. Bakery and dairy products: procurement outside the

United States (a) The Secretary of Defense may authorize any element of the Department of Defense that procures bakery and dairy products for use by the armed forces outside the United States to procure any products described in subsection (b) through the use of procedures other than competitive procedures.

(b) The products referred to in subsection (a) are bakery or dairy products produced by the Army and Air Force Exchange Service in a facility outside the United States that began operating before July 1, 1986. (Added P.L. 99–661, $321(a), Nov. 14, 1986, 100 Stat. 3851.) $ 2423. Laundry and dry cleaning services: procurement

from facilities operated by the Navy Resale and

Services Support Office (a) AUTHORITY.— The Secretary of Defense may authorize an element of the Department of Defense to enter into a contract (through the use of procedures other than competitive procedures) with a laundry and dry cleaning facility operated by the Navy Resale and Services Support Office to procure laundry and dry cleaning services for the armed forces outside the United States.

(b) APPLICATION.–Subsection (a) shall apply only with respect to a laundry and dry cleaning facility of the Navy Resale and Services Support Office that began operating before October 1, 1989. (Added P.L. 101–189, $323(a), Nov. 29, 1989, 103 Stat. 1414.) $ 2424. Procurement of supplies and services from exchange

stores outside the United States (a) AUTHORITY.— The Secretary of Defense may authorize an element of the Department of Defense to enter into a contract (through the use of procedures other than competitive procedures) with an exchange store operated under the jurisdiction of the Secretary of a military department outside the United States to procure supplies or services for use by the armed forces outside the United States.

(b) LIMITATIONS.—(1) A contract may not be entered into under subsection (a) in an amount in excess of $50,000.

(2) Supplies provided under a contract entered into under subsection (a) shall be provided from the stocks of the exchange store on hand as of the date the contract is entered into with that exchange store.

(3) A contract entered into with an exchange store under subsection (a) may not provide for the procurement of services not regularly provided by that exchange store.

(c) EXCEPTION.–Paragraphs (1) and (2) of subsection (b) do not apply to contracts for the procurement of soft drinks that are manufactured in the United States. The Secretary of Defense shall prescribe in regulations the standards and procedures for determining whether a particular beverage is a soft drink and whether the beverage was manufactured in the United States. (Added P.L. 101–189, § 324(a), Nov. 29, 1989, 103 Stat. 1414; amended P.L. 103–355, $3066, Oct. 13, 1994, 108 Stat. 3337; P.L. 104-106, $4321(b)(17), Feb. 10, 1996, 110 Stat. 673.)

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