10 U.S. Code § 2410d - Subcontracting plans: credit for certain purchases
(a)
Purchases Benefiting Severely Handicapped Persons.—
In the case of a business concern that has negotiated a small business subcontracting plan with a military department or a Defense Agency, purchases made by that business concern from qualified nonprofit agencies for the blind or other severely handicapped shall count toward meeting the subcontracting goal provided in that plan.
(b)
Definitions.—
In this section:
(1)
The term “small business subcontracting plan” means a plan negotiated pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637
(d)) that establishes a goal for the participation of small business concerns as subcontractors under a contract.
Source
(Added Pub. L. 102–484, div. A, title VIII, § 808(b)(1),Oct. 23, 1992, 106 Stat. 2449; amended Pub. L. 103–337, div. A, title VIII, § 804,Oct. 5, 1994, 108 Stat. 2815; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(15),Feb. 10, 1996, 110 Stat. 673; Pub. L. 105–85, div. A, title VIII, § 835,Nov. 18, 1997, 111 Stat. 1843; Pub. L. 106–65, div. A, title VIII, § 807,Oct. 5, 1999, 113 Stat. 705; Pub. L. 111–350, § 5(b)(29),Jan. 4, 2011, 124 Stat. 3845.)
Codification
Amendments
2011—Subsec. (b)(2)(A). Pub. L. 111–350, § 5(b)(29)(A), substituted “section
8501
(7) of title
41” for “section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))”.
Subsec. (b)(2)(B). Pub. L. 111–350, § 5(b)(29)(B), substituted “disabled, as defined in section
8501
(6) of title
41” for “handicapped, as defined in section 5(4) of such Act (41 U.S.C. 48b(4))”.
Subsec. (b)(2)(C). Pub. L. 111–350, § 5(b)(29)(C), substituted “section
8503
(c) of title
41” for “section 2(c) of such Act (41 U.S.C. 47(c))”.
1999—Subsec. (c). Pub. L. 106–65struck out heading and text of subsec. (c). Text read as follows: “Subsection (a) shall cease to be effective at the end of September 30, 1999.”
1997—Subsec. (c). Pub. L. 105–85substituted “September 30, 1999” for “September 30, 1997”.
1996—Subsec. (b)(3). Pub. L. 104–106struck out par. (3) which read as follows: “The term ‘Javits-Wagner-O’Day Act’ means the Act entitled ‘An Act to create a Committee on Purchases of Blind-made Products, and for other purposes’, approved June 25, 1938 (41 U.S.C. 46–48c), commonly referred to as the Wagner-O’Day Act, that was revised and reenacted in the Act of June 23, 1971 (85 Stat. 77), commonly referred to as the Javits-Wagner-O’Day Act.”
1994—Subsec. (b)(2)(C). Pub. L. 103–337, § 804(1)(A), added subpar. (C).
Subsec. (b)(3), (4). Pub. L. 103–337, § 804(1)(B), (C), redesignated par. (4) as (3) and struck out former par. (3) which read as follows: “The terms ‘approved commodity’ and ‘approved service’ mean a commodity and a service, respectively, that has been determined by the Committee for Purchase from the Blind and Other Severely Handicapped under section 2 of such Act (41 U.S.C. 47) to be suitable for procurement by the Federal Government.”
Subsec. (c). Pub. L. 103–337, § 804(2), substituted “September 30, 1997” for “September 30, 1994”.
Effective Date of 1997 Amendment
Pub. L. 105–85, div. A, title VIII, § 835,Nov. 18, 1997, 111 Stat. 1843, provided that the amendment made by that section is effective as of Sept. 30, 1997.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104–106, see section 4401 ofPub. L. 104–106, set out as a note under section
2302 of this title.
Effective Date
Pub. L. 102–484, div. A, title VIII, § 808(c),Oct. 23, 1992, 106 Stat. 2450, provided that: “Sections
2301
(d) and
2410d of title
10, United States Code (as added by subsections (a) and (b), respectively), shall take effect on October 1, 1993.”
Contract Participation by Agencies for the Blind or Other Severely Handicapped
Pub. L. 108–87, title VIII, § 8025,Sept. 30, 2003, 117 Stat. 1077, provided that:
“(a) Of the funds for the procurement of supplies or services appropriated by this Act [see Tables for classification] and hereafter, qualified nonprofit agencies for the blind or other severely handicapped shall be afforded the maximum practicable opportunity to participate as subcontractors and suppliers in the performance of contracts let by the Department of Defense.
“(b) During the current fiscal year and hereafter, a business concern which has negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637
(d)) shall be given credit toward meeting that subcontracting goal for any purchases made from qualified nonprofit agencies for the blind or other severely handicapped.
“(c) For the purpose of this section, the phrase ‘qualified nonprofit agency for the blind or other severely handicapped’ means a nonprofit agency for the blind or other severely handicapped that has been approved by the Committee for the Purchase from the Blind and Other Severely Handicapped under the Javits-Wagner-O’Day Act ([former] 41 U.S.C. 46–48[c]) [now 41 U.S.C. 8501 et seq.].”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 107–248, title VIII, § 8025,Oct. 23, 2002, 116 Stat. 1542.
Pub. L. 107–117, div. A, title VIII, § 8028,Jan. 10, 2002, 115 Stat. 2253.
Pub. L. 106–259, title VIII, § 8028,Aug. 9, 2000, 114 Stat. 680.
Pub. L. 106–79, title VIII, § 8030,Oct. 25, 1999, 113 Stat. 1237.
Pub. L. 105–262, title VIII, § 8030,Oct. 17, 1998, 112 Stat. 2303.
Pub. L. 105–56, title VIII, § 8031,Oct. 8, 1997, 111 Stat. 1226.
Pub. L. 104–208, div. A, title I, § 101(b) [title VIII, § 8033], Sept. 30, 1996, 110 Stat. 3009–71, 3009–95.
Pub. L. 104–61, title VIII, § 8042,Dec. 1, 1995, 109 Stat. 660.
Pub. L. 103–335, title VIII, § 8048,Sept. 30, 1994, 108 Stat. 2628.
Pub. L. 103–139, title VIII, § 8055,Nov. 11, 1993, 107 Stat. 1452.
Pub. L. 102–396, title IX, § 9077,Oct. 6, 1992, 106 Stat. 1918.
Pub. L. 102–172, title VIII, § 8082,Nov. 26, 1991, 105 Stat. 1190.
Pub. L. 101–511, title VIII, § 8117,Nov. 5, 1990, 104 Stat. 1905.
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