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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: April 21, 2000

FROM: Barry McVay, CPCM

SUBJECT: Department of Energy Acquisition Regulation (DEAR); Mentor-Protege Program

SOURCE: Federal Register, April 21, 2000, Vol. 65, No. 78, page 21367

AGENCIES: Department of Energy (DOE)

ACTION: Final Rule

SYNOPSIS: DOE is amending the DEAR to encourage DOE prime contractors to assist small disadvantaged firms certified by the Small Business Administration (SBA) under Section 8(a) of the Small Business Act (8(a)), other small disadvantaged businesses (SDBs), historically black colleges and universities and other minority institutions of higher learning (HBCU/MIs), women-owned small businesses, and small business concerns owned and controlled by service disabled veterans perform contracts and subcontracts for DOE and other federal agencies.

EDITOR'S NOTE: The DEAR is available on the Internet at http://www.pr.doe.gov/dear.html.

EFFECTIVE DATE: May 22, 2000.

FOR FURTHER INFORMATION CONTACT: Eugene Tates, Mentor-Protege Program, U.S. Department of Energy, Office of Small and Disadvantaged Business Utilization, 1000 Independence Avenue, SW, Washington, DC 20585, 202-586-4556; or Robert M. Webb, U.S. Department of Energy, Office of Procurement and Assistance Management, 1000 Independence Avenue, SW, Washington, DC 20585, 202-586-8264.

SUPPLEMENTAL INFORMATION: On June 9, 1995, DOE published guidelines for its Mentor-Protege Pilot Initiative to encourage DOE prime contractors to help energy-related small disadvantaged, 8(a), and women-owned small businesses enhance their business and technical capabilities. To achieve the initiative's goal, DOE prime contractors entered into formal agreements with qualified small businesses to provide developmental assistance. In many cases, this assistance has enabled small businesses to benefit from the vast wealth of knowledge acquired by large, successful DOE contractors.

The success of the DOE initiative led DOE to propose the creation of a permanent DOE Mentor-Protege program. DOE published a notice of proposed rulemaking on December 6, 1999, which proposed a program having the same goals and objectives as the original DOE initiative. The program would be addressed in new DEAR Subpart 919.70, The Department of Energy Mentor-Protege Program. The primary difference between the initiative and the proposed rule was the proposed inclusion of HBCU/MIs as eligible participants in the program. Fourteen comments were received and, as a result, DOE has revised the rule to include, as eligible participants, small business concerns owned and controlled by service disabled veterans, as defined in the Veterans Entrepreneurship and Small Business Development Act of 1999 (Public Law 106-50), and made several other minor changes.

The following are the contents of new DEAR Subpart 919.70:

919.7001Scope of subpart.
919.7002Definitions.
919.7003General policy.
919.7004General prohibitions.
919.7005Eligibility to be a Mentor.
919.7006Incentives for DOE contractor participation.
919.7007Eligibility to be a Protege.
919.7008Selection of Proteges.
919.7009Process for participation in the program.
919.7010Contents of Mentor-Protege Agreement.
919.7011Developmental assistance.
919.7012Review and approval process of agreement by OSDBU.
919.7013Reports.
919.7014Solicitation provision.

The following are some of the key provisions of DEAR Subpart 919.70:

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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