§4901. Department of Defense small business strategy
(a)
(b)
(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 388 of this title.
(c)
(d)
(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)
(Added
Editorial Notes
References in 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
Amendments
2021-
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by
Accessibility and Clarity in Covered Notices for Small Business Concerns
"(a)
"(1) such that a small business concern can easily understand the intent of the covered notice; and
"(2) that-
"(A) is clear, concise, and well-organized; and
"(B) to the maximum extent practicable, follows other best practices appropriate to the subject or field of the covered notice and the intended audience of the covered notice.
"(b)
"(c)
"(d)
"(1)
"(A) the Secretary of Defense or a Secretary of a military department publishes on SAM.gov (or any successor website) marketing Federal contract opportunities; and
"(B) pertains to small business concerns, such as a sources sought notice or a solicitation restricted to competition among small business concerns.
"(2)
Small Business Bill of Rights
"(a)
"(b)
"(c)
"(1) Authorize the Director of Small Business Programs of the Department to establish a resolution process to which all Department of Defense components, members of the small business professional workforce of the Department, and other relevant officials and organizations of the Department, must adhere.
"(2) Authorize the Director of Small Business Programs of the Department, each Director of Small Business Programs of a military department, and members of the small business professional workforce of the Department of Defense to-
"(A) request assistance from members of the acquisition workforce in their component of the Department with the customer service issues and conflicts described in subsection (b);
"(B) require a timely responses from such members; and
"(C) establish a framework for implementation by the components of the Department, members of the small business professional workforce, and other relevant officials and organizations of the Department providing for fair and reasonable resolution of complaints by small business for issues between small businesses and the Department.
"(3) Ensure that small businesses are informed of-
"(A) the rights of small businesses to assistance under the Small Business Regulatory Enforcement Fairness Act [title II of
"(B) how to contact each task and delivery ombudsman designated under section 3406(g) of title 10, United States Code;
"(C) how to contact the Office of Small Business Programs of the Department of Defense and the Office of Small Business Programs of each military department; and
"(D) how to contact each advocate for competition in the Department of Defense designated pursuant to section 1705(a) of title 41, United States Code.
"(4) Establish guidance-
"(A) for the acquisition workforce of the Department of Defense on the rights of small businesses under Federal law and the regulations issued thereunder, including the Federal Acquisition Regulation and FAR and the Defense Federal Acquisition Regulation Supplement;
"(B) on the duties and authorities of the task and delivery ombudsmans designated under section 3406(g) of title 10, United States Code, and the advocates for competition in the Department of Defense designated pursuant to section 1705(a) of title 41, United States Code; and
"(C) on a reasonable and practical timeline, as determined by the Undersecretary of Defense for Acquisition and Sustainment, for contracting officers of the Department to response to an inquiry from the Office of Small Business Programs of the Department of Defense or the Office of Small Business Programs of each military department.
"(5) Coordinate assistance under the Bill of Rights with other regulatory compliance assistance to small business concerns, current and desired sets of authorities, roles, and responsibilities across the Offices of Small Business Programs of the Department of Defense, APEX Accelerators, members of the small business professional workforce of the Department of Defense, and other relevant officials or organizations of the Department.
"(d)
"(1)
"(2)
"(A) The Office of Small Business Programs of the Department of Defense shall-
"(i) develop annual metrics on the submission of complaints by contractors of the Department of Defense pursuant to the Small Business Bill of Rights required under subsection (a);
"(ii) provide each component of the Department such annual metrics; and
"(iii) collect and consolidate such annual metrics submitted to the Office under subparagraph (B).
"(B) Each component of the Department of Defense shall collect and submit to the Office of Small Business Programs of the Department of Defense the annual metrics.
"(e)
"(f)
"(1) the term 'Director of Small Business Programs of the Department' means the Director of Small Business Programs in the Department of Defense appointed under section 144 of title 10, United States Code;
"(2) the term 'Director of Small Business Programs of a military department' means-
"(A) the Director of Small Business Programs in the Department of the Army appointed under section 7024 of title 10, United States Code;
"(B) the Director of Small Business Programs in the Department of the Navy appointed under section 8028 of such title; or
"(C) the Director of Small Business Programs in the Department of the Air Force appointed under section 9024 of such title; and
"(3) the term 'military department' has the meaning given such term in section 101(a) of title 10, United States Code."
Small Business Integration Working Group
"(a)
"(1) ensures the integration and synchronization of the activities of the military departments and other components of the Department of Defense with respect to small business concerns; and
"(2) convenes not fewer than four times per year.
"(b)
"(1) The small business office of each military department.
"(2) The Small Business Innovation Research Program and the Small Business Technology Transfer Program (as such terms are defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e))) of each military department.
"(3) The office of the Under Secretary of Defense for Acquisition and Sustainment.
"(4) The office of the Under Secretary of Defense for Research and Engineering.
"(5) Any other office the Secretary of Defense determines appropriate.
"(c)
"(d)
"(1)
"(2)
Demonstration of Commercial Due Diligence for Small Business Programs
"(a)
"(1) the small business; or
"(2) any technology a small business is developing pursuant to a contract or other agreement with the Department of Defense.
"(b)
"(1) The identification of one or more entities to be responsible for the commercial due diligence tools, techniques, and processes that are part of a demonstration under the program and a description of the interactions required between such entity, small businesses, and the government agencies that enforce such tools, techniques, and processes.
"(2) An assessment of commercial due diligence tools, techniques, and processes already in use by each Office of Small Business Programs.
"(3) The development of methods to analyze the commercial due diligence tools, techniques, and processes that are part of a demonstration under the program to-
"(A) monitor and assess attempts described in subsection (a);
"(B) provide information on such attempts to applicable small businesses; and
"(C) allow small businesses that are subject to such attempts to provide information about such attempts to the Secretary of Defense.
"(4) The development of training and resources for small businesses that can be shared directly with such businesses or through a procurement technical assistance program established under chapter 388 of title 10, United States Code.
"(5) The implementation of performance measures to assess the effectiveness of such program.
"(c)
"(1) An identification of any entity described in subsection (b)(1).
"(2) A description of the methodology for executing any demonstrations under the program, including any analytical tools or metrics identified to support such a demonstration.
"(3) A description of any identified instances of attempts described in subsection (a).
"(4) An identification of improvements or gaps in resources, capabilities, or authorities, and other lessons learned from any demonstrations under the program.
"(d)
"(e)
"(1) The term 'foreign ownership, control, or influence' has the meaning given in section 847 of the National Defense Authorization Act for Fiscal Year 2020 (
"(2) The term 'Office of Small Business Programs' means-
"(A) the Office of Small Business Programs of the Department of Defense established under section 144 of title 10, United States Code;
"(B) the Office of Small Business Programs of the Department of the Army established under section 7024 of such title;
"(C) the Office of Small Business Programs of the Department of the Navy established under section 8028 of such title; and
"(D) the Office of Small Business Programs of the Department of the Air Force established under section 9024 of such title."
Report on Unfunded Priorities of the Small Business Innovation Research and Small Business Technology Transfer Program
"(a)
"(b)
"(1)
"(A) A summary description of the unfunded priority project, including the objectives to be achieved if such project were to be funded (either in whole or in part).
"(B) The additional amount of funds recommended to achieve the objectives identified under subparagraph (A).
"(C) Account information with respect to such unfunded priority project, including, as applicable, the following:
"(i) Line item number, in the case of applicable procurement accounts.
"(ii) Program element number, in the case of applicable research, development, test, and evaluation accounts.
"(iii) Subactivity group, in the case of applicable operation and maintenance accounts.
"(2)
"(c)
"(1)
"(A) is not funded in the budget of the President for that fiscal year, as submitted to Congress pursuant to section 1105 of title 31, United States Code;
"(B) has the potential to-
"(i) advance the national security capabilities of the United States;
"(ii) provide new technologies or processes, or new applications of existing technologies or processes, that will enable new alternatives to existing programs; and
"(iii) provide future cost savings; and
"(C) would have been recommended for funding through the budget referred to in subparagraph (A) if-
"(i) additional resources had been available to fund the program, activity, or mission requirement to which the specific project relates; or
"(ii) the program, activity, or mission requirement for such specific project had emerged before the budget was formulated.
"(2)
Initiatives To Support Small Businesses in the National Technology and Industrial Base
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(i) Organizations responsible for implementation activities.
"(ii) Metrics to evaluate progress of implementation activities.
"(iii) Resources to support implementation activities.
"(iv) Outcomes achieved as a result of executing the previous small business strategy developed under such section 2283 [now 4901].
"(3)
"(A) establish policies, procedures, and information repositories to identify small businesses in the defense supply chain, including-
"(i) small businesses participating in an acquisition program of a military department or Defense Agency (as defined in section 101(11) of title 10, United States Code [now 10 U.S.C. 101(a)(11)]);
"(ii) small businesses contracting with the Defense Logistics Agency; and
"(iii) other small businesses in the national technology and industrial base;
"(B) establish policies and procedures to assess the financial status of critical small businesses; and
"(C) enter into an agreement with the acquisition research organization within a civilian college or university that is described under section 2361a(a) of title 10, United States Code [now 10 U.S.C. 4142(a)] (commonly referred to as the 'Acquisition Innovation Research Center'), to analyze mechanisms that could be established to allow the Secretary of Defense to provide direct financial support to critical small businesses that require additional financial assistance, including critical small businesses that are-
"(i) contracting with the Defense Logistics Agency;
"(ii) subcontractors (at any tier); or
"(iii) in critical technology sectors.
"(c)
"(1)
"(2)
"(d)
Pilot Program for Development of Technology-Enhanced Capabilities With Partnership Intermediaries
"(a)
"(b)
"(1)
"(2)
"(A)
"(B)
"(c)
"(1)
"(2)
"(3)
"(A) staffing structure;
"(B) funding sources; and
"(C) methods for identifying and evaluating small business concerns eligible for a covered award.
"(d)
"(1)
"(A) a description of each agreement with a partnership intermediary entered into pursuant to this section;
"(B) for each covered award made under this section-
"(i) a description of the role served by the partnership intermediary;
"(ii) the amount of funds obligated;
"(iii) an identification of the small business concern that received such covered award;
"(iv) a description of the use of such covered award;
"(v) a description of the role served by the program manager (as defined in section 1737 of title 10, United States Code) of the covered entity with respect to the small business concern that received such covered award, including a description of interactions and the process of the program manager in producing a past performance evaluation of such concern; and
"(vi) the benefits achieved as a result of the use of a partnership intermediary for the pilot program established under this section as compared to previous efforts of the Commander to increase participation by small business concerns in the development of technology-enhanced capabilities for special operations forces; and
"(C) a plan detailing how each covered entity will apply lessons learned from the pilot program to improve processes for directly working with and supporting small business concerns to develop technology-enhanced capabilities for special operations forces.
"(2)
"(A) whether and for how long the pilot program established under this section should be extended; and
"(B) whether to increase funding for the pilot program, including a justification for such an increase.
"(e)
"(f)
"(1) The term 'covered award' means an award made under the Small Business Innovation Research Program.
"(2) The term 'covered entity' means-
"(A) the Army;
"(B) the Navy;
"(C) the Air Force;
"(D) the Marine Corps;
"(E) the Space Force; and
"(F) any element of the Department of Defense that makes awards under the Small Business Innovation Research Program.
"(3) 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)).
"(4) The term 'small business concern' has the meaning given the term under section 3 of the Small Business Act (15 U.S.C. 632).
"(5) The term 'Small Business Innovation Research Program' has the meaning given the term in section 9(e) of the Small Business Act (15 U.S.C. 638(e)).
"(6) 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."
Implementation
"(1)
"(2)
"(A) transmit the strategy to Congress; and
"(B) publish the strategy on a public website of the Department of Defense."