[Federal Register: December 20, 2004 (Volume 69, Number 243)]
[Rules and Regulations]
[Page 76355-76356]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de04-31]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2001-26; FAR Case 2003-010; Item V]
RIN 9000-AJ90
Federal Acquisition Regulation; Mentor Prot[eacute]g[eacute]
Program--Delegation of Approval Authority for Mentor
Prot[eacute]g[eacute] Agreements
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: TheCivilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to change the
approval authority of Mentor Prot[eacute]g[eacute] Agreements to the
DoD Military Departments or Defense Agencies.
DATES: Effective Date: January 19, 2005.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Rhonda Cundiff, Procurement
Analyst, at (202) 501-0044. Please cite FAC 2001-26, FAR case 2003-010.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends FAR 19.702, Statutory Requirements, to
change the approval authority of Mentor Prot[eacute]g[eacute]
Agreements to the DoD Military Departments or Defense Agencies. This
change is being made in order for DOD to streamline and transform
itself to more effectively achieve its mission. The Pilot Mentor-
Prot[eacute]g[eacute] Program was established under Section 831 of Pub.
L. 101-510, the National Defense Authorization Act for Fiscal Year 1991
(10 U. S. C. 2302 note). The purpose of the Program is to provide
incentives to major Department of Defense (DoD) contractors to assist
prot[eacute]g[eacute] firms in
[[Page 76356]]
enhancing their capabilities to satisfy DoD and other contract and
subcontract requirements. Under the Mentor-Prot[eacute]g[eacute]
Program, eligible companies approved as mentor firms will enter into
mentor-prot[eacute]g[eacute] agreements with eligible
prot[eacute]g[eacute] firms to provide appropriate developmental
assistance to enhance the capabilities of the prot[eacute]g[eacute]
firms to perform as subcontractors and suppliers. DoD may provide the
mentor firm with either cost reimbursement or credit against applicable
subcontracting goals established under contracts with DoD or other
Federal agencies.
The Department of Defense, in an effort to streamline and transform
itself in order to more effectively achieve its mission and in
recognition that the Military Departments have the necessary expertise
to manage programs efficiently, is transferring the management of the
Mentor Prot[eacute]g[eacute] program to the Military Departments and
Defense Agencies. The Office of the Secretary of Defense will maintain
oversight and policy development responsibilities.
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 69 FR 18244, April 6, 2004, with request for comments. One
respondent submitted a comment that was outside the scope of the rule
and no action was taken. The Councils agreed to convert the proposed
rule to a final rule.
Accordingly, the FAR is amended to state that the Director, Small
and Disadvantaged Business Utilization of the cognizant DoD Military
Department or Defense Agency, will be the approval authority for
mentor-prot[eacute]g[eacute] agreements.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 the rule removes a
restriction, thus allowing DoD to make a minor policy change.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: December 9, 2004.
Laura Auletta,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 19 as set forth below:
0
1. The authority citation for 48 CFR part 19 is revised to read as
follows:
PART 19--SMALL BUSINESS PROGRAMS
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
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2. Amend section 19.702 by revising paragraph (d) to read as follows:
19.702 Statutory requirements.
* * * * *
(d) As authorized by 15 U.S.C. 637(d)(11), certain costs incurred
by a mentor firm in providing developmental assistance to a
prot[eacute]g[eacute] firm under the Department of DefensePilot Mentor-
Prot[eacute]g[eacute] Program, may be credited as if they were
subcontract awards to a prot[eacute]g[eacute] firm for the purpose of
determining whether the mentor firm attains the applicable goals under
any subcontracting plan entered into with any executive agency.
However, the mentor-prot[eacute]g[eacute] agreement must have been
approved by the Director, Small and Disadvantaged Business Utilization
of the cognizant DoD military department or defense agency, before
developmental assistance costs may be credited against subcontract
goals. A list of approved agreements may be obtained at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acq.osd.mil/sadbu/mentor_protege/
or by calling (703) 588-8631.
[FR Doc. 04-27637 Filed 12-17-04; 8:45 am]