10 U.S.C. § 2283 (ARMED FORCES)
§ 2283. Department of Defense small business strategy
(a) In General.—
The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section.
(b) Unified Management Structure.—
As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to—
(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act);
(2) manufacturing and industrial base policy; and
(3) any procurement technical assistance program established under chapter 142 of this title.
(c) Purpose of Small Business Programs.—
The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449).
(d) Points of Entry Into Defense Market.—
The Secretary shall ensure—
(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and
(2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns.
(e) Enhanced Outreach Under Procurement Technical Assistance Program Market.—
The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 142 of this title to facilitate small business contracting with the Department of Defense.
(Added Pub. L. 115–232, div. A, title VIII, § 851(a), Aug. 13, 2018, 132 Stat. 1883.)
heading: Transfer of Section
text: Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1871(b), Jan. 1, 2021, 134 Stat. 4151, 4287, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 387 of this title, as added by “paragraph (1)” (probably means subsection (a)(2)) of section 1871 of Pub. L. 116–283, inserted after the table of sections at the end of subchapter I, and redesignated as section 4901 of this title. See Effective Date of 2021 Amendment note below.
heading: References in Text
text: Section 3 of the Small Business Act, referred to in subsec. (b)(1), is classified to section 632 of Title 15, Commerce and Trade.
Section 801 of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (c), is section 801 of Pub. L. 115–91, which is set out as a note under section 2302 of this title.
heading: Effective Date of 2021 Amendment
text: Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
heading: Pilot Program for Development of Technology-Enhanced Capabilities With Partnership Intermediaries
text: Pub. L. 116–92, div. A, title VIII, § 851, Dec. 20, 2019, 133 Stat. 1510, provided that:
“(a) Establishment.—
The Commander of the United States Special Operations Command may use the greater of $2,000,000 or 5 percent of the funds required to be expended by the United States Special Operations Command under section 9(f)(1) of the Small Business Act (15 U.S.C. 638(f)(1)) for a pilot program to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces.
“(b) Use of Partnership Intermediary.—
“(1) Authorization.—
The Commander of the United States Special Operations Command may modify an existing agreement with a partnership intermediary to assist the Commander in carrying out the pilot program under this section, including with respect to the award of contracts and agreements to small business concerns.
“(2) Use of funds.—
None of the funds referred to in subsection (a) shall be used to pay a partnership intermediary for any administrative costs associated with the pilot program.
“(c) Report.—
Not later than October 1, 2020, and October 1, 2021, the Commander of the United States Special Operations Command, in coordination with the Under Secretary of Defense for Research and Engineering, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Small Business of the House of Representatives, and the Committee on Small Business and Entrepreneurship of the Senate a report describing any agreement with a partnership intermediary entered into pursuant to this section. The report shall include, for each such agreement, the amount of funds obligated, an identification of the recipient of such funds, and a description of the use of such funds.
“(d) Termination.—
The authority to carry out a pilot program under this section shall terminate on September 30, 2021.
“(e) Definitions.—
In this section:
“(1) Partnership intermediary.—
The term ‘partnership intermediary’ has the meaning given the term in section 23(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3715(c)).
“(2) Small business concern.—
The term ‘small business concern’ has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).
“(3) Small business innovation research program.—
The term ‘Small Business Innovation Research Program’ has the meaning given the term in section 9(e)(4) of the Small Business Act (15 U.S.C. 638(e)[(4)]).
“(4) Small business technology transfer program.—
The term ‘Small Business Technology Transfer Program’ has the meaning given the term in section 9(e)(6) of the Small Business Act (15 U.S.C. 638(e)[(6)]).
“(5) Technology-enhanced capability.—
The term ‘technology-enhanced capability’ means a product, concept, or process that improves the ability of a member of the Armed Forces to achieve an assigned mission.”
heading: Implementation
text: Pub. L. 115–232, div. A, title VIII, § 851(b), Aug. 13, 2018, 132 Stat. 1884, provided that:
“(1) Deadline.—
The Secretary of Defense shall develop the small business strategy required by section 2283 of title 10, United States Code, as added by subsection (a), not later than 180 days after the date of the enactment of this Act [Aug. 13, 2018].
“(2) Notice to congress and publication.—
Upon completion of the development of the small business strategy pursuant to paragraph (1), the Secretary shall—
“(A) transmit the strategy to Congress; and
“(B) publish the strategy on a public website of the Department of Defense.”