Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; DoD Pilot Mentor-Protégé Program, 3414-3415 [06-568]

Download as PDF 3414 Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Rules and Regulations 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 updates and streamlines DFARS text, but makes no significant change to DoD contracting policy. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any 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 215 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 215 is amended as follows: I PART 215—CONTRACTING BY NEGOTIATION 1. The authority citation for 48 CFR part 215 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 215.000 I [Removed] 2. Section 215.000 is removed. Subpart 215.2 215.305 [Removed] 3. Subpart 215.2 is removed. 4. Sections 215.303 through 215.305 are revised to read as follows: I I 215.303 Responsibilities. (b)(2) For high-dollar value and other acquisitions, as prescribed by agency procedures, the source selection authority shall approve a source selection plan before the solicitation is issued. Follow the procedures at PGI 215.303(b)(2) for preparation of the source selection plan. erjones on PROD1PC61 with RULES 215.304 Evaluation factors and significant subfactors. (c)(i) In acquisitions that require use of the clause at FAR 52.219–9, Small Business Subcontracting Plan, other than those based on the lowest price technically acceptable source selection process (see FAR 15.101–2), the extent of participation of small businesses and historically black colleges or universities and minority institutions in performance of the contract shall be addressed in source selection. The contracting officer shall evaluate the extent to which offerors identify and commit to small business and historically black college or university and minority institution performance of VerDate Aug<31>2005 16:44 Jan 20, 2006 Jkt 205001 the contract, whether as a joint venture, teaming arrangement, or subcontractor. (A) See PGI 215.304(c)(i)(A) for examples of evaluation factors. (B) Proposals addressing the extent of small business and historically black college or university and minority institution performance may be separate from subcontracting plans submitted pursuant to the clause at FAR 52.219– 9 and should be structured to allow for consideration of offers from small businesses. (C) When an evaluation assesses the extent that small businesses and historically black colleges or universities and minority institutions are specifically identified in proposals, the small businesses and historically black colleges or universities and minority institutions considered in the evaluation shall be listed in any subcontracting plan submitted pursuant to FAR 52.219–9 to facilitate compliance with 252.219–7003(g). (ii) In accordance with 10 U.S.C. 2436, consider the purchase and use of capital assets (including machine tools) manufactured in the United States, in source selections for all major defense acquisition programs, as defined in 10 U.S.C. 2430, when it is pertinent to the best value determination. Proposal evaluation. (a)(2) Past performance evaluation. When a past performance evaluation is required by FAR 15.304, and the solicitation includes the clause at FAR 52.219–8, Utilization of Small Business Concerns, the evaluation factors shall include the past performance of offerors in complying with requirements of that clause. When a past performance evaluation is required by FAR 15.304, and the solicitation includes the clause at FAR 52.219–9, Small Business Subcontracting Plan, the evaluation factors shall include the past performance of offerors in complying with requirements of that clause. [FR Doc. 06–566 Filed 1–20–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 219 and Appendix I to Chapter 2 [DFARS Case 2004–D028] Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; DoD Pilot ´ ´ Mentor-Protege Program Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 ACTION: Final rule. SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Sections 841 and 842 of the National Defense Authorization Act for Fiscal Year 2005. Section 841 extends the length of the ´ ´ DoD Pilot Mentor-Protege Program for 5 additional years. Section 842 expands the Program to permit service-disabled veteran-owned small business concerns and HUBZone small business concerns ´ ´ to participate in the Program as protege firms. EFFECTIVE DATE: January 23, 2006. Ms. Deborah Tronic, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0289; facsimile (703) 602–0350. Please cite DFARS Case 2004–D028. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A. Background DoD published an interim rule at 70 FR 29644 on May 24, 2005, to implement Sections 841 and 842 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108–375). Section 841 extends, through September 30, 2010, the period during which companies may enter into agreements ´ ´ under the DoD Pilot Mentor-Protege 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 service-disabled veteran-owned small business concerns and HUBZone small business concerns ´ ´ to participate in the Program as protege firms. One source submitted comments on the interim rule. The respondent supported the rule, but recommended that DoD amend the rule to permit historically black colleges and universities and minority institutions (HBCU/MIs) to participate in the ´ ´ Program as protege firms. DoD was unable to adopt this recommendation, as there is presently no statutory authority that would permit expanding the Program to include HBCU/MIs. Therefore, DoD has adopted the interim rule as a final rule without change. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. E:\FR\FM\23JAR1.SGM 23JAR1 Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Rules and Regulations erjones on PROD1PC61 with RULES B. Regulatory Flexibility Act DoD has prepared a final regulatory flexibility analysis consistent with 5 U.S.C. 604. A copy of the analysis may be obtained from the point of contact specified herein. The analysis is summarized as follows: This final rule implements Sections 841 and 842 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108–375). Section 841 extends, through September 30, 2010, the period during which companies may enter into agreements under the DoD Pilot Mentor´ ´ Protege 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 service-disabled veteran-owned small business concerns and HUBZone small business concerns ´ ´ to participate in the Program as protege firms. The Program provides incentives ´ ´ for DoD contractors to assist protege firms in enhancing their capabilities and increasing their participation in Government and commercial contracts. DoD received no public comments in response to the initial regulatory flexibility analysis. However, DoD received a comment in response to the interim rule that recommended amendment of the rule to permit historically black colleges and universities and minority institutions (HBCU/MIs) to participate in the DoD ´ ´ ´ ´ Pilot Mentor-Protege Program as protege firms. DoD was unable to adopt this recommendation, as there is presently no statutory authority that would permit expanding the Program to include HBCU/MIs. Presently, there are 5,737 servicedisabled veteran-owned small business concerns and 12,281 HUBZone small business concerns registered in the Central Contractor Registration database; and presently, there are 134 ´ ´ active mentor-protege agreements. Each ´ ´ protege firm must provide data to its mentor firm, annually for submission to the Government, regarding the progress ´ ´ of the protege firm in employment, revenues, and participation in DoD contracts. The data is required for each fiscal year of the Program participation term and for each of the two fiscal years following the expiration of the Program participation term. This information should be readily available to a company as part of its normal business practices. The rule is expected to have a beneficial impact on service-disabled veteran-owned small business concerns and HUBZone small business concerns. There are no known significant VerDate Aug<31>2005 12:59 Jan 20, 2006 Jkt 208001 alternatives to the rule. Participation in ´ ´ the DoD Pilot Mentor-Protege Program is voluntary. C. Paperwork Reduction Act The information collection requirements of the DoD Pilot Mentor´ ´ Protege Program have been approved by the Office of Management and Budget under Control Number 0704–0332, for use through May 31, 2007. List of Subjects in 48 CFR Part 219 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR Part 219 and Appendix I to Chapter 2, which was published at 70 FR 29644 on May 24, 2005, is adopted as a final rule without change. [FR Doc. 06–568 Filed 1–20–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Parts 237 and 252 [DFARS Case 2003–D041] Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Specialized Service Contracting Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: ACTION: Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the acquisition of mortuary and laundry and dry cleaning services. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Effective Date: January 23, 2006. Ms. Robin Schulze, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0326; facsimile (703) 602–0350. Please cite DFARS Case 2003–D041. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 3415 A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoDwide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at https://www.acq.osd.mil/dpap/dars/ dfars/transformation/index.htm. This final rule is a result of the DFARS Transformation initiative. The rule— • Revises DFARS Subpart 237.70 to delete procedures for defining the geographical area to be covered by mortuary services contracts, and procedures for distribution of those contracts. These procedures have been relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at https:// www.acq.osd.mil/dpap/dars/pgi. • Deletes the clause at DFARS 252.237–7010 containing facility requirements for mortuary services, as these requirements are adequately addressed in State law. • Revises DFARS Subpart 237.71 to delete unnecessary requirements relating to contracting for laundry and dry cleaning services. DoD published a proposed rule at 70 FR 8563 on February 22, 2005. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed rule as a final rule without change. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD certifies 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 updates and streamlines DFARS text, but makes no significant change to DoD contracting policy. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not E:\FR\FM\23JAR1.SGM 23JAR1

Agencies

[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Rules and Regulations]
[Pages 3414-3415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-568]


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DEPARTMENT OF DEFENSE

48 CFR Part 219 and Appendix I to Chapter 2

[DFARS Case 2004-D028]


Defense Acquisition Regulations System; Defense Federal 
Acquisition Regulation Supplement; DoD Pilot Mentor-
Prot[eacute]g[eacute] Program

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement Sections 841 and 842 of the National Defense Authorization 
Act for Fiscal Year 2005. Section 841 extends the length of the DoD 
Pilot Mentor-Prot[eacute]g[eacute] Program for 5 additional years. 
Section 842 expands the Program to permit service-disabled veteran-
owned small business concerns and HUBZone small business concerns to 
participate in the Program as prot[eacute]g[eacute] firms.

EFFECTIVE DATE: January 23, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; 
facsimile (703) 602-0350. Please cite DFARS Case 2004-D028.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 70 FR 29644 on May 24, 2005, to 
implement Sections 841 and 842 of the National Defense Authorization 
Act for Fiscal Year 2005 (Pub. L. 108-375). Section 841 extends, 
through September 30, 2010, the period during which companies may enter 
into agreements under the DoD Pilot Mentor-Prot[eacute]g[eacute] 
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 
service-disabled veteran-owned small business concerns and HUBZone 
small business concerns to participate in the Program as 
prot[eacute]g[eacute] firms.
    One source submitted comments on the interim rule. The respondent 
supported the rule, but recommended that DoD amend the rule to permit 
historically black colleges and universities and minority institutions 
(HBCU/MIs) to participate in the Program as prot[eacute]g[eacute] 
firms. DoD was unable to adopt this recommendation, as there is 
presently no statutory authority that would permit expanding the 
Program to include HBCU/MIs. Therefore, DoD has adopted the interim 
rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

[[Page 3415]]

B. Regulatory Flexibility Act

    DoD has prepared a final regulatory flexibility analysis consistent 
with 5 U.S.C. 604. A copy of the analysis may be obtained from the 
point of contact specified herein. The analysis is summarized as 
follows:
    This final rule implements Sections 841 and 842 of the National 
Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375). 
Section 841 extends, through September 30, 2010, the period during 
which companies may enter into agreements under the DoD Pilot Mentor-
Prot[eacute]g[eacute] 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 service-disabled veteran-owned small business 
concerns and HUBZone small business concerns to participate in the 
Program as prot[eacute]g[eacute] firms. The Program provides incentives 
for DoD contractors to assist prot[eacute]g[eacute] firms in enhancing 
their capabilities and increasing their participation in Government and 
commercial contracts.
    DoD received no public comments in response to the initial 
regulatory flexibility analysis. However, DoD received a comment in 
response to the interim rule that recommended amendment of the rule to 
permit historically black colleges and universities and minority 
institutions (HBCU/MIs) to participate in the DoD Pilot Mentor-
Prot[eacute]g[eacute] Program as prot[eacute]g[eacute] firms. DoD was 
unable to adopt this recommendation, as there is presently no statutory 
authority that would permit expanding the Program to include HBCU/MIs.
    Presently, there are 5,737 service-disabled veteran-owned small 
business concerns and 12,281 HUBZone small business concerns registered 
in the Central Contractor Registration database; and presently, there 
are 134 active mentor-prot[eacute]g[eacute] agreements. Each 
prot[eacute]g[eacute] firm must provide data to its mentor firm, 
annually for submission to the Government, regarding the progress of 
the prot[eacute]g[eacute] firm in employment, revenues, and 
participation in DoD contracts. The data is required for each fiscal 
year of the Program participation term and for each of the two fiscal 
years following the expiration of the Program participation term. This 
information should be readily available to a company as part of its 
normal business practices.
    The rule is expected to have a beneficial impact on service-
disabled veteran-owned small business concerns and HUBZone small 
business concerns. There are no known significant alternatives to the 
rule. Participation in the DoD Pilot Mentor-Prot[eacute]g[eacute] 
Program is voluntary.

C. Paperwork Reduction Act

    The information collection requirements of the DoD Pilot Mentor-
Prot[eacute]g[eacute] Program have been approved by the Office of 
Management and Budget under Control Number 0704-0332, for use through 
May 31, 2007.

List of Subjects in 48 CFR Part 219

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR Part 219 and Appendix 
I to Chapter 2, which was published at 70 FR 29644 on May 24, 2005, is 
adopted as a final rule without change.

[FR Doc. 06-568 Filed 1-20-06; 8:45 am]
BILLING CODE 5001-08-P
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