Proposed Rule2022-04012
Defense Federal Acquisition Regulation Supplement: Reauthorization and Improvement of Mentor-Protégé Program (DFARS Case 2020-D009)
Primary source
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Published
February 28, 2022
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that reauthorizes and modifies the DoD Mentor-Prot[eacute]g[eacute] Program.
Full Text
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[Federal Register Volume 87, Number 39 (Monday, February 28, 2022)]
[Proposed Rules]
[Pages 11009-11013]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04012]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Chapter 2
[Docket DARS-2022-0002]
RIN 0750-AK96
Defense Federal Acquisition Regulation Supplement:
Reauthorization and Improvement of Mentor-Prot[eacute]g[eacute] Program
(DFARS Case 2020-D009)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement a section of the National
Defense Authorization Act for Fiscal Year 2020 that reauthorizes and
modifies the DoD Mentor-Prot[eacute]g[eacute] Program.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before April 29, 2022 to be considered in
the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS 2020-D009, using any of
the following methods:
[cir] Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Search for ``DFARS Case 2020-D009'' in the search box and select
``Search.'' Select ``Comment'' and follow the instructions to submit a
comment. Please include your name, company name (if any), and ``DFARS
Case 2020-D009'' on any attached document.
[cir] Email: <a href="/cdn-cgi/l/email-protection#79160a1d571d1f180b0a391418101557141015"><span class="__cf_email__" data-cfemail="18776b7c367c7e796a6b587579717436757174">[email protected]</span></a>. Include DFARS Case 2020-D009 in
the subject line of the message.
Comments received generally will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 571-372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement section 872 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020
(Pub. L. 116-92). Section 872 modifies subsection (j) of section 831 of
the NDAA for FY 1991 (Pub. L. 101-510; 10 U.S.C. 2302 note) to
reauthorize and improve the DoD Mentor-Prot[eacute]g[eacute] Program.
Section 872 extends the date for entering into a mentor-
prot[eacute]g[eacute] agreement, extends the date for reimbursement of
mentors, limits the term for program participation, extends the date
for a mentor to receive credit toward the attainment of small business
subcontracting goals, and expands eligibility for prot[eacute]g[eacute]
firms.
II. Discussion and Analysis
This proposed rule includes changes to DFARS subpart 219.71 and
DFARS appendix I to implement section 872 of the NDAA for FY 2020 to
reauthorize and improve the DoD Mentor-Prot[eacute]g[eacute] Program
(the Program). This proposed rule--
--Reauthorizes the Program by extending the date for entering into a
mentor-prot[eacute]g[eacute] agreement from September 30, 2018, to
September 30, 2024;
--Extends the date for mentor reimbursements to be paid for
developmental assistance costs incurred under the Program from
September 30, 2021, to September 30, 2026;
--Extends the date for a mentor to receive, for developmental
assistance costs incurred under the Program, credit toward attainment
of the subcontracting goals in its small business subcontracting plan
from September 30, 2021, to September 30, 2026;
--Limits the program participation term to two years, unless approval
is otherwise obtained for an additional period not to exceed three
years;
--Expands the eligibility of a prot[eacute]g[eacute] by aligning its
size with the size standard of its primary North American Industry
Classification System (NAICS) code; and
--Adds a DoD Office of Small Business Programs cybersecurity readiness
assessment that will be provided to prot[eacute]g[eacute]s.
In addition, proposed amendments to appendix I include--
--Updated definitions to align with the statute;
--Addition of DoD's right to terminate agreements for convenience; and
--Other administrative and conforming changes.
[[Page 11010]]
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold, for Commercial Products Including Commercially Available
Off-the-Shelf Items, and for Commercial Services
This rule does not create any new solicitation provisions or
contract clauses. It does not impact any existing provisions or clauses
or their applicability to contracts at or below the simplified
acquisition threshold, acquisitions of commercial products including
commercially available off-the-shelf items, and acquisitions of
commercial services.
IV. Expected Impact of the Rule
This rule reauthorizes and improves the DoD Mentor-
Prot[eacute]g[eacute] program. The purpose of the program is to provide
incentives to major DoD contractors to furnish eligible small business
concerns with assistance designed to--
(1) Enhance the capabilities of small business concerns to perform
as subcontractors and suppliers under DoD contracts and other contracts
and subcontracts; and
(2) Increase the participation of such business concerns as
subcontractors and suppliers under DoD contracts, other Federal
Government contracts, and commercial contracts.
Therefore, this rule will benefit small business concerns by
extending the opportunity to enter into DoD mentor-
prot[eacute]g[eacute] agreements. In addition, the eligibility of small
business concerns is expanded as this rule removes prior restrictions
for eligibility by aligning the size of the small business with the
size standard associated with its primary NAICS code. This rule is
expected to benefit large entities and the Government, as well, by
expanding the defense industrial base.
V. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993.
VI. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States. A
major rule under the Congressional Review Act cannot take effect until
60 days after it is published in the Federal Register. This rule is not
anticipated to be a major rule under 5 U.S.C. 804.
VII. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because this rule is expected to impact a limited number of small
entities. However, an initial regulatory flexibility analysis has been
performed and is summarized as follows:
This proposed rule is necessary in order to implement section 872
of the National Defense Authorization Act (NDAA) for Fiscal Year (FY)
2020 (Pub. L. 116-92). Section 872 modifies subsection (j) of section
831 of the NDAA for FY 1991 (Pub. L. 101-510; 10 U.S.C. 2302 note) to
reauthorize and improve the DoD Mentor-Prot[eacute]g[eacute] Program
(the Program).
The objective of this rule is to implement the reauthorization and
improvements to the Program authorized by section 872. The authority
for entering into new agreements expired on September 30, 2018. This
rule extends the date for new mentor-prot[eacute]g[eacute] agreements
to September 30, 2024. In addition, the date for reimbursement of
incurred costs under the Program is extended to September 30, 2026, as
is the date for costs to be applied to a mentor's subcontracting goals
under its small business subcontracting plan. The eligibility of a
small business concern, as related to the Program, is modified to align
with the size standard associated with its primary NAICS code. The
legal basis for the rule is section 872 of the NDAA for FY 2020.
The number of ongoing DoD mentor-prot[eacute]g[eacute] agreements
in FY 2018 and FY 2019 was 90, four of which expired in FY 2019. No new
agreements were entered into in FY 2019 since the authority to enter
into agreements expired on September 30, 2018. The number of ongoing
agreements in FY 2020 was 86, 29 of which expired. As of June 2021,
there were 57 ongoing agreements, 50 new agreements, and 12 expiring
agreements, with a total of 95. DoD estimates 66 new agreements will be
entered into in FY 2022, 82 in FY 2023, and 98 in FY 2024.
This rule does not impose any new reporting, recordkeeping, or
other compliance requirements for small entities.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
DoD did not identify any significant alternatives that would
minimize or reduce the impact on small entities. Any impact is expected
to be beneficial.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2020-D009), in
correspondence.
VIII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply;
however, these changes to the DFARS do not impose additional
information collection requirements to the paperwork burden previously
approved under OMB Control Number 0704-0332.
List of Subjects in 48 CFR part 219 and Appendix I to Chapter 2
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR part 219 and appendix I to chapter 2 are proposed
to be amended as follows:
PART 219--SMALL BUSINESS PROGRAMS
0
1. The authority citation for 48 CFR part 219 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Revise section 219.7100 to read as follows:
219.7100 Scope.
This subpart implements the Pilot Mentor-Prot[eacute]g[eacute]
Program (referred to as the Program) established under section 831 of
the National Defense Authorization Act for Fiscal Year 1991 (Pub. L.
101-510; 10 U.S.C. 2302 note). The purpose of the Program is to provide
incentives for DoD contractors to assist prot[eacute]g[eacute] firms in
enhancing
[[Page 11011]]
their capabilities and to increase participation of such firms in
Government and commercial contracts.
0
3. Amend section 219.7102 by--
0
a. In paragraphs (a) and (b), removing the periods and adding
semicolons in their places;
0
b. Redesignating paragraph (c) as paragraph (d);
0
c. Adding a new paragraph (c); and
0
d. Revising newly redesignated paragraphs (d) introductory text and
(d)(1)(ii).
The addition and revisions read as follows:
219.7102 General.
* * * * *
(c) A preliminary assessment of the prot[eacute]g[eacute] firm's
cybersecurity readiness. The DoD Office of Small Business Programs
(OSBP), Office of the Under Secretary of Defense, Acquisition and
Sustainment (OUSD (A&S)), provides this preliminary assessment, which
is a benefit of program participation; and
(d) Incentives that DoD may provide to mentor firms, which
include--
(1) * * *
(ii) A separate contract, upon written determination by the
Director, OSBP, of the cognizant military department or defense agency
that unusual circumstances justify reimbursement using a separate
contract; or
* * * * *
0
4. Revise section 219.7103-1 to read as follows:
219.7103-1 General.
The procedures for application, acceptance, and participation in
the Program are in appendix I, Policy and Procedures for the DoD Pilot
Mentor-Prot[eacute]g[eacute] Program. The Mentor-Prot[eacute]g[eacute]
Program Director, OSBP, OUSD (A&S), has the authority to approve
contractors as mentor firms. The Director, OSBP, of each military
department or defense agency has the authority to approve mentor-
prot[eacute]g[eacute] agreements and forward approved mentor-
prot[eacute]g[eacute] agreements to the contracting officer when
funding is available.
5. Amend section 219.7103-2 by--
0
a. In the introductory text, removing ``must'' and adding ``shall'' in
its place; and
0
b. Revising paragraphs (d)(1), (e)(3), (f), and (h).
The revisions read as follows:
219.7103-2 Contracting officer responsibilities.
* * * * *
(d) * * *
(1) A DoD program manager or the Director, OSBP, of the cognizant
military department or defense agency has made funds available for that
purpose; and
* * * * *
(e) * * *
(3) The Director, OSBP, of the military department or defense
agency has made a determination in accordance with 219.7102(d)(1)(ii).
(f) Not authorize reimbursement for costs of assistance furnished
to a prot[eacute]g[eacute] firm in excess of $1 million in a fiscal
year unless a written determination from the Director, OSBP, of the
military department or defense agency is obtained.
* * * * *
(h) Provide a copy of the approved mentor-prot[eacute]g[eacute]
agreement to the Defense Contract Management Agency (DCMA) small
business professional responsible for conducting the annual performance
review (see appendix I, section I-113).
219.7104 [Amended]
0
6. Amend section 219.7104 in paragraphs (b) and (d) by removing
``September 30, 2021'' and adding ``September 30, 2026'' in its place.
219.7106 [Amended]
0
7. Amend section 219.7106 by removing ``The Defense Contract Management
Agency'' and adding ``DCMA'' in its place.
Appendix I to Chapter 2--Policy and Procedures for the DoD Pilot
Mentor-Prot[eacute]g[eacute] Program
0
9. Add an authority citation at the end of appendix I to chapter 2 to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
10. Amend appendix I to chapter 2 by--
0
a. In section I-100--
0
i. Revising paragraph (a) introductory text;
0
ii. In paragraph (c)(1), removing ``2 years'' and adding ``5 years'' in
its place;
0
iii. Revising paragraph (c)(3); and
0
iv. Adding paragraph (c)(4).
0
b. Revising section I-101.
0
c. In section I-102--
0
i. In paragraph (a)(2)(ii), removing the word ``and'' at the end of the
paragraph;
0
ii. Adding paragraph (a)(2)(iv);
0
iii. Revising paragraph (a)(3);
0
iv. In paragraph (b)(3), removing ``Less than half'' and adding ``Not
more than'' in its place;
0
v. In paragraph (e), removing ``Office of Small Business Programs
(OSBP)'' and adding ``OSBP'' in its place;
0
vi. In paragraph (g)(1), removing ``pursuant to approved mentor-
prot[eacute]g[eacute] agreements'' and adding ``in accordance with the
approved mentor-prot[eacute]g[eacute] agreement'' in its place;
0
vii. In paragraph (g)(3), removing ``cognizant Component Director,
SBP'' and adding ``Director, OSBP, of the cognizant military department
or defense agency'' in its place; and
0
viii. Adding paragraph (h).
0
d. In section I-103--
0
i. In paragraph (a), removing ``September 30, 2018'' and adding
``September 30, 2024'' in its place;
0
ii. In paragraph (b) introductory text, removing ``prior to September
30, 2021'' and adding ``through September 30, 2026'' in its place; and
0
iii. In paragraph (b)(3), removing ``cognizant Component Director,
SBP,'' and adding ``Director, OSBP, of the cognizant military
department or defense agency'' in its place.
0
e. In section I-104, revising paragraph (c).
0
f. In section I-105, revising paragraphs (a) and (c).
0
g. In section I-106--
0
i. In paragraph (d)(1)(i), removing ``marketing'' and adding
``marketing and technology commercialization, compliance systems'' in
its place;
0
ii. In paragraph (d)(1)(ii), removing ``quality assurance'' and adding
``quality assurance; acquisition or transfer of hardware, tooling, or
software; and technology transfer and transition'' in its place;
0
iii. In paragraph (d)(2), removing ``firmunder'' and adding ``firm
under'' in its place;
0
iv. In paragraph (d)(4), removing ``Subpart'' and adding ``subpart'' in
its place; and
0
v. Adding paragraph (g).
0
h. In section I-107--
0
i. In paragraph (a), removing ``email'' and adding ``email'' in its
place;
0
ii. In paragraph (j), removing ``2 years'' and adding ``5 years'' in
its place; and
0
iii. Revising paragraph (k).
0
i. In section I-108--
0
i. In paragraph (a) introductory text, removing ``DoD component'' and
adding ``military department or defense agency'' in its place;
0
ii. In paragraph (a)(5), removing ``3 years (Term of agreements may not
exceed 5 years)'' and adding ``2 years (agreements may not exceed 5
years) (see I-107(k))'' in its place;
0
iii. In paragraph (a)(6), removing ``$1,000,000'' and adding ``$1
million'' in its place;
0
iv. In paragraph (b), removing ``cognizant DoD components'' and adding
``the military department or defense agency'' in its place;
0
v. In paragraph (c), removing ``cognizant Component Director, SBP,
prior'' and adding ``Director, OSBP, of
[[Page 11012]]
the military department or defense agency prior'' in its place;
0
vi. In paragraph (d), removing ``cognizant DoD component'' and adding
``military department or defense agency'' in its place;
0
vii. In paragraph (e), removing ``component'' and ``Director, SBP'' and
adding ``military department or defense agency'' and ``the Director,
OSBP'' in their places, respectively; and
0
viii. In paragraph (f), removing ``cognizant Component Director, SBP,''
and adding ``Director, OSBP, of the military department or defense
agency'' in its place.
0
j. In section I-109--
0
i. In the introductory text, removing ``agreements'' and adding
``agreements including agreements that provide for both reimbursement
and subcontracting credit'' in its place;
0
ii. In paragraph (c), removing ``Component Directors, SBP'' and adding
``Directors, OSBP, of the military departments or defense agencies'' in
its place; and
0
iii. In paragraph (d), removing ``$1,000,000'' and ``cognizant
Component Director, SBP'' wherever they appear and adding ``$1
million'' and ``Director, OSBP, of the military department or defense
agency'' in their places, respectively.
0
k. In section I-110, adding introductory text.
0
l. In section I-110.1, paragraph (a), removing ``Plans .'' and adding
``Plans.'' in its place.
0
m. In section I-110.2, paragraphs (a) introductory text, (b)
introductory text, and (c), removing ``SBP'' and adding ``OSBP'' in its
place.
0
n. In section I-111--
0
i. In paragraph (a), removing ``cognizant Component Director, SBP,''
and ``administrative contracting officer'' and adding ``Director, OSBP,
of the cognizant military department or defense agency'' and ``small
business professional'' in their places, respectively; and
0
ii. Adding paragraph (f).
0
o. In section I-112.2--
0
i. In paragraph (a)(2)(xii)(A), removing ``success assistance'' and
adding ``success developmental assistance'' in its place;
0
ii. In paragraph (a)(2)(xii)(B), removing ``contracts'' and adding
``contracts, including but not limited to the transition of innovative
technology into a program of record'' in its place;
0
iii. In paragraph (a)(4), removing ``at: http://www.acq.osd.mil/osbp/
sb/programs/mpp/resources.shtml'' and adding ``at <a href="https://business.defense.gov/Programs/Mentor-Prot">https://business.defense.gov/Programs/Mentor-Prot</a>[eacute]g[eacute]-Program/MPP-
Resources/'' in its place;
0
iv. In paragraph (b)(2), removing ``2 fiscal years'' and adding ``5
fiscal years'' in its place;
0
v. In paragraph (d)(1), removing ``cognizant Component Director, SBP,''
and adding ``Director, OSBP, of the military department or defense
agency'' in its place; and
0
vi. In paragraph (d)(2), removing ``cognizant Component Director,
SBP,'' and adding ``Director, OSBP, of the military department or
defense agency,'' in its place.
0
p. Revising section I-113.
The revisions and additions read as follows:
Appendix I to Chapter 2--Policy and Procedures for the DoD Pilot
Mentor-Prot[eacute]g[eacute] Program
I-100 Purpose
(a) This appendix implements the Pilot Mentor-Prot[eacute]g[eacute]
Program (the Program) established under section 831 of the National
Defense Authorization Act for Fiscal Year 1991 (Pub. L. 101-510; 10
U.S.C. 2302 note). The purpose of the Program is to provide incentives
to major DoD contractors to furnish eligible small business concerns
with assistance designed to--
* * * * *
(c) * * *
(3) An increase in prot[eacute]g[eacute] participation in DoD
science and technology programs; and
(4) An increase in job creation of prot[eacute]g[eacute] firms from
the date of execution of the mentor-prot[eacute]g[eacute] agreement
until 5 years after completion of the mentor-prot[eacute]g[eacute]
agreement.
* * * * *
I-101 Definitions
As used in this appendix--
Affiliation means, with respect to a relationship between a mentor
firm and a prot[eacute]g[eacute] firm, a relationship described under
13 CFR 121.103.
Eligible entity employing the severely disabled means a business
entity operated on a for-profit or nonprofit basis that--
(1) Uses rehabilitative engineering to provide employment
opportunities for severely disabled individuals and integrates severely
disabled individuals into its workforce;
(2) Employs severely disabled individuals at a rate that averages
not less than 20 percent of its total workforce;
(3) Employs each severely disabled individual in its workforce
generally on the basis of 40 hours per week; and
(4) Pays not less than the minimum wage prescribed pursuant to
section 6 of the Fair Labor Standards Act (29 U.S.C. 206) to those
employees who are severely disabled individuals.
Minority institution of higher education means an institution of
higher education with a student body that reflects the composition
specified in sections 312(b)(3), (4), and (5) of the Higher Education
Act of 1965 (20 U.S.C. 1058(b)(3), (4), and (5)).
Service-disabled veteran-owned small business means 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)).
Severely disabled individual means an individual who is blind or
severely disabled as defined in 41 U.S.C. 8501.
Women-owned small business means a small business concern owned and
controlled by women as defined in section 8(d)(3)(D) of the Small
Business Act (15 U.S.C. 637(d)(3)(D)).
I-102 Participant Eligibility
(a) * * *
(2) * * *
(iv) Is an other than small business concern, unless approved by
the Director of the Office of Small Business Programs (OSBP), Office of
the Under Secretary of Defense, Acquisition and Sustainment (OUSD
(A&S)), in accordance with 13 CFR 121.103 regarding ``affiliation and
relationship''; and
(3) Be capable of imparting value to a prot[eacute]g[eacute] firm
because of experience gained as a DoD contractor or through knowledge
of general business operations and Government contracting, as
demonstrated by evidence that such entity--
(i) Received DoD contracts and subcontracts equal to or greater
than $100 million during the previous fiscal year;
(ii) Is a prime contractor to DoD with an active subcontracting
plan; or
(iii) Has graduated from the 8(a) Business Development Program and
provides documentation of its ability to serve as a mentor.
* * * * *
(h) Within 30 days of any change in status affecting eligibility,
mentors and prot[eacute]g[eacute]s must give notice and explanation of
pertinent facts to each other, the Director of OSBP, OUSD (A&S), and
the Director, OSBP, of the military department or defense agency.
* * * * *
I-104 Selection of Prot[eacute]g[eacute] Firms
* * * * *
(c) Any interested party may file a protest of the selection of a
prot[eacute]g[eacute] firm directly with the Director, OSBP, OUSD
[[Page 11013]]
(A&S) or the Director, OSBP, of the cognizant military department or
defense agency. In the event of a protest regarding the size or status
of an entity selected to be a prot[eacute]g[eacute] firm, the Director,
OSBP, OUSD (A&S), or the Director, OSBP, of the military department or
defense agency must refer the protest to the SBA to resolve in
accordance with 13 CFR part 121 (with respect to size) or other parts
of title 13 of the CFR or this appendix (with respect to the
prot[eacute]g[eacute]'s socioeconomic status). The Director, OSBP, OUSD
(A&S), or the Director, OSBP, of the military department or defense
agency shall decide protests concerning all other aspects of a
prot[eacute]g[eacute]'s eligibility for the Program (e.g.,
nontraditional defense contractor or entity employing the severely
disabled).
* * * * *
I-105 Mentor Approval Process
(a) An entity seeking to participate as a mentor must apply to the
Mentor-Prot[eacute]g[eacute] Program Director, OSBP, OUSD (A&S), to
establish its initial eligibility as a mentor.
* * * * *
(c) A template of the mentor application is available at <a href="https://business.defense.gov/Programs/Mentor-Prot">https://business.defense.gov/Programs/Mentor-Prot</a>[eacute]g[eacute]-Program/MPP-
Resources/.
* * * * *
I-106 Development of Mentor-Prot[eacute]g[eacute] Agreements
* * * * *
(g) The agreement shall demonstrate, through its execution, how it
will contribute to the overall mission of DoD and/or fill or address an
identified critical gap or vulnerability. Focus areas include, but are
not limited to, manufacturing, research and development, and knowledge-
based services.
I-107 Elements of a Mentor-Prot[eacute]g[eacute] Agreement
* * * * *
(k) A program participation term for the agreement that does not
exceed 2 years. Requests for an extension of the agreement for a period
not to exceed an additional 3 years are subject to the approval of the
Director, OSBP, of the cognizant military department or defense agency.
The justification must detail the unusual circumstances that warrant a
term in excess of 2 years;
* * * * *
I-110 Credit Agreements
Sections I-110.1 and I-110.2 apply to all credit agreements,
including agreements that provide for both credit and reimbursement.
* * * * *
I-111 Agreement Terminations
* * * * *
(f) The Director, OSBP, OUSD (A&S) or the Director, OSBP, of the
military department or defense agency is authorized to terminate the
mentor-prot[eacute]g[eacute] agreement for the convenience of the
Government (to include national security grounds, funding limits,
statutory requirements, or other considerations), as well as for cause
upon written findings (e.g., either of the participants' failure to
perform or provide adequate assurance of performance; failure to comply
with laws, regulations, and policies; conflicts of interest; or default
under any provisions of a DoD contract or agreement).
* * * * *
I-113 Performance Reviews
DCMA will conduct annual performance reviews of the progress and
accomplishments realized under approved mentor-prot[eacute]g[eacute]
agreements. These reviews must verify data provided on the semiannual
reports and must provide information as to--
(a) Whether all costs reimbursed to the mentor firm under the
agreement were reasonably incurred to furnish assistance to the
prot[eacute]g[eacute] in accordance with the mentor-
prot[eacute]g[eacute] agreement and applicable regulations and
procedures; and
(b) Whether the mentor and prot[eacute]g[eacute] accurately
reported progress made by the prot[eacute]g[eacute] in employment,
revenues, and participation in DoD contracts during the Program
participation term and for 5 fiscal years following the expiration of
the Program participation term.
[FR Doc. 2022-04012 Filed 2-25-22; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on February 28, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.