Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH
DATE: May 24, 2005
SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Mentor-Protege Program
SOURCE: Federal Register, May 24, 2005, Vol. 70, No. 99, page 29644
AGENCIES: Department of Defense (DOD)
ACTION: Interim Rule
SYNOPSIS: This interim rule amends DFARS Subpart 219.71, Pilot Mentor-Protégé Program, and DFARS Appendix I, Policy and Procedures for the DOD Mentor-Protégé Program, to extends the program for five additional years, and to permit service-disabled veteran-owned small businesses (SDVOSBs) and HUBZone small businesses to participate in the program as protege firms.
EDITOR’S NOTE: For more on other acquisition-related provisions of Public Law 108-375, see the October 29, 2004, FEDERAL CONTRACTS DISPATCH “Enactment of the National Defense Authorization Act for Fiscal Year 2005.”
DATES: The effective date for this interim rule is May 24, 2005. Comments on the interim rule must be submitted no later than July 25, 2005.
ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; by e-mail to: email@example.com; by fax to 703-602-0350; by mail to Defense Acquisition Regulations Council, Attn: Deborah Tronic, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; or by courier/hand to Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2004-D024" when making comments on this interim rule.
FOR FURTHER INFORMATION CONTACT: Deborah Tronic, 703-602-0289.
SUPPLEMENTARY INFORMATION: Section 841 of Public Law 108-375 extends through September 30, 2010, the period during which companies may enter into agreements under the DOD Pilot Mentor-Protégé Program, and extends through September 30, 2013, the period during which mentor firms may incur costs that are eligible for reimbursement or credit under the program.
Section 842 expands the program to permit SDVOSBs and HUBZone small businesses to participate in the program as protégé firms.
To implement these sections, the following changes are made to DFARS Subpart 219.71 and DFARS Appendix I:
- Paragraph (b) of DFARS 219.7102, General, which lists the types of firms that are eligible to be protégés, is revised to add SDVOSBs and HUBZone concerns.
- In paragraphs (b) and (d) of DFARS 219.7104, Developmental Assistance Costs Eligible for Reimbursement or Credit, the date before which a mentor may incur reimbursable costs under the program is extended from October 1, 2008, to October 1, 2013.
- I-101, Definitions, is amended to add the definitions for a HUBZone small business as I-101.7 (“A qualified HUBZone small business concern as determined by the Small Business Administration in accordance with 13 CFR Part 126”) and an SDVOSB as I-101.8 (“A small business concern owned and controlled by service-disabled veterans as defined in Section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3))”).
- Paragraph (b)(1) of I-102, Participant Eligibility, which addresses the firms that are eligible to participate in the program as protégés, is amended to add HUBZone small businesses and SDVOSBs.
- In I-103, Program Duration, paragraph (a) is amended to extend the deadline for submitting new mentor-protégé agreements for approval from September 30, 2005, to September 30, 2010, and paragraph (b) is amended to extend the deadline for mentors to incur reimbursable costs under an approved mentor-protégé program from September 30, 2008, to September 30, 2013.
- Paragraph (a) of I-104, Selection of Protégé Firms, is amended to encourage mentor firms to select concerns that are identified as women-owned small businesses, HUBZone small businesses, SDVOSBs, or eligible entities employing the severely disabled as protégés (this is in addition to small disadvantaged businesses (SDBs), which was already identified in I-104).
- Paragraph (b)(7) of I-105, Mentor Approval Process, which requires the mentor applicant to provide the total dollar amount and percentage of subcontracts the applicant awarded to all SDB and women-owned small businesses under DOD and other federal contracts during the preceding two fiscal years, is amended to require the same information for HUBZone small businesses and SDVOSBs.
- Paragraph (b) of I-107, Elements of a Mentor-Protégé Agreement, which requires the agreement to include a statement that the protégé firm, at the time the agreement is submitted for approval, the protégé does not exceed the appropriate size standard, is amended to state that this applies if the protégé firm is an SDB, women-owned small business, a HUBZone small business, or an SDVOSB.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.
Copyright 2005 by Panoptic Enterprises. All Rights Reserved.
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