NASA Mentor-Protégé Program, 54340-54345 [E8-21984]
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54340
Proposed Rules
Federal Register
Vol. 73, No. 183
Friday, September 19, 2008
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1910 and 1915
[Docket No. OSHA–S049–2006–0675
(formerly OSHA Docket No. S–049)]
RIN 1218–AB50
General Working Conditions in
Shipyard Employment; Notice of
Informal Public Hearing
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
ACTION: Proposed rule; notice of
informal public hearings.
yshivers on PROD1PC62 with PROPOSALS
AGENCY:
SUMMARY: OSHA is announcing that the
informal public hearing on the proposed
rule on general working conditions in
shipyard employment in Seattle, WA,
will be held at the Renaissance Seattle
Hotel.
DATES: OSHA will hold an informal
public hearing in Seattle, WA,
beginning at 9:30 a.m., October 21–22,
2008. If necessary, the hearing will
continue on subsequent days at the
same time and location.
ADDRESSES: The hearing will be held at
the Renaissance Seattle Hotel, 515
Madison Street, Seattle, WA 98104.
Docket: To read or download
background documents as well as
comments and materials submitted in
response to the proposed rule or at the
informal public hearing in Washington,
DC, go to Docket No. OSHA–S049–
2006–0675 at https://
www.regulations.gov, which is the
Federal eRulemaking Portal.
All materials and submissions in the
docket are listed in the https://
www.regulations.gov index; however,
some information (e.g., copyrighted
material) is not publicly available to
read or download through the Web
page. All materials and submissions are
available for public inspection and
copying at the OSHA Docket Office,
Room N–2625, U.S. Department of
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Labor, 200 Constitution Avenue, NW.,
Washington, DC; telephone (202) 693–
2350. For information on reading or
downloading materials in the docket
and obtaining materials not available
through the Web page, please contact
the OSHA Docket Office during the
Department of Labor’s and OSHA
Docket Office’s normal business hours,
8:15 a.m. to 4:45 p.m., e.t.
Electronic copies of this Federal
Register notice and the proposed rule
are available at https://
www.regulations.gov. This notice, the
proposed rule, news releases, and other
relevant information also are available
at OSHA’s Web page at https://
www.osha.gov.
FOR FURTHER INFORMATION CONTACT:
Press inquiries: Jennifer Ashley,
Office of Communications, U.S.
Department of Labor, Occupational
Safety and Health Administration,
Room N–3647, 200 Constitution
Avenue, NW., Washington, DC 20210;
telephone (202) 693–1999.
Technical information: Joseph
Daddura, Director, Office of Maritime
within the Directorate of Standards and
Guidance, U.S. Department of Labor,
Occupational Safety and Health
Administration, Room N–3609, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–2086.
Hearings: Ms. Veneta Chatmon, Office
of Communications, U.S. Department of
Labor, Occupational Safety and Health
Administration, Room N–3647, 200
Constitution Avenue, NW., Washington,
DC 20210; telephone (202) 693–1999; email chatmon.veneta@dol.gov.
SUPPLEMENTARY INFORMATION:
OSHA will hold an informal public
hearing on the proposed rule on general
working conditions in shipyard
employment on October 21–22, 2008, at
the Renaissance Seattle Hotel, Seattle,
WA. If necessary, the hearing will
continue on subsequent days at the
same time and location.
On December 20, 2007, OSHA
published a proposed rule to update and
revise the standards on general working
conditions in shipyard employment (72
FR 72451). OSHA invited written
comments and requests for hearings on
the proposed rule. The deadline for
submitting comments and hearing
requests was March 19, 2008. OSHA
received several hearing requests and
published a Federal Register notice
scheduling informal public hearings
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beginning September 9, 2008, in
Washington, DC, and October 21, 2008,
in Seattle, WA (73 FR 36823 (6/30/
2008)). At that time, OSHA had not
finalized the location of the hearing in
Seattle, WA, and this notice announces
that location.
Persons interested in participating at
either hearing were required to file a
notice of intention to appear by July 18,
2008, and, to submit advance written
testimony by August 8, 2008, if they
were requesting to testify for longer than
10 minutes. They do not need to
resubmit. OSHA is not accepting
additional requests to participate at the
hearing in Seattle, WA.
OSHA emphasizes that hearings on
proposed rules are open to the public;
however, only individuals who have
filed a timely notice of intention to
appear may question witnesses and
participate fully at the hearing. If time
permits, and at the discretion of the
administrative law judge presiding at
the hearing, an individual who did not
file a notice of intention to appear may
be allowed to a present brief oral
statement not exceeding 10 minutes at
the end of the hearing.
Authority and Signature
Edwin G. Foulke, Jr., Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice under the
authority granted by Section 6(b) of the
Occupational Safety and Health Act of
1970 (29 U.S.C. 655), Secretary of
Labor’s Order 5–2007 (72 FR 31160),
and 29 CFR part 1911.
Signed at Washington, DC on this 15th day
of September 2008.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–21931 Filed 9–18–08; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1819 and 1852
RIN 2700–AD41
´ ´
NASA Mentor-Protege Program
National Aeronautics and
Space Administration.
ACTION: Proposed rule.
AGENCY:
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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Proposed Rules
SUMMARY: NASA proposes to revise the
NASA FAR Supplement (NFS) to
update the procedures for NASA’s
´ ´
Mentor-Protege program. The changes
will streamline the program; align the
mentoring to technical skills; expand
the program to include Small
Disadvantaged Businesses (SDB),
women-owned small businesses,
HUBZone small businesses, veteranowned and service-disabled veteranowned small businesses, Historically
Black Colleges and Universities,
minority institutions of higher
education, and NASA Small Business
Innovation Research (SBIR) Phase II
small businesses; and will include
award fee incentives.
Comments should be submitted
on or before November 18, 2008 to be
considered in formulation of the final
rule.
DATES:
B. Regulatory Flexibility Act
NASA certifies that this proposed 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 participation in the
´ ´
mentor protege program is voluntary
and does not impose an economic
impact beyond that addressed in the
FAC 2005–14 publication of the FAR
final rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 104–13) is applicable because the
NFS changes impose information
collection requirements in the form of
applications and report submissions.
The information collection has been
approved by the Office of Management
and Budget under 44 U.S.C. 3501, et
seq. via control number 2007–0078.
Interested parties may
submit comments, identified by RIN
number 2700–AD41, via the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments may also be submitted to
Diane Thompson, NASA Headquarters,
Office of Procurement, Contract
Management Division, Washington, DC
20546. Comments may also be
submitted by e-mail to
Diane.Thompson@nasa.gov.
List of Subjects in 48 CFR Parts 1819
and 1852
Government procurement.
FOR FURTHER INFORMATION CONTACT:
2. Subpart 1819 is revised to read as
follows:
ADDRESSES:
Diane Thompson, NASA, Office of
Procurement, Contract Management
Division; (202) 358–0514; e-mail:
Diane.Thompson@nasa.gov.
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A. Background
This proposed rule implements the
´ ´
NASA Mentor-Protege Program
established under the authority of Title
42, U.S.C., 2473(c)(1). Under the
program, eligible entities approved as
´ ´
mentors will enter into mentor-protege
´ ´
agreements with eligible proteges to
provide appropriate developmental
assistance to enhance the capabilities of
´ ´
the proteges to perform as
subcontractors and suppliers. This
proposed rule also introduces mentor
award fee incentives and explains the
calculated subcontracting credit
pursuant to FAR 52.219–9, Small
Business Subcontracting Plan. This is
not a significant regulatory action and,
therefore, is not subject to review under
Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated
September 30, 1993. This proposed rule
is not a major rule under 5 U.S.C. 804.
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Accordingly, 48 CFR parts 1819 and
1852 are proposed to be amended as
follows:
1. The authority citation for 48 CFR
parts 1819 and 1852 continues to read
as follows:
Authority: 42 U.S.C. 2473(c)(1).
Subpart 1819.72—NASA Mentor´ ´
Protege Program
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
William P. McNally,
Assistant Administrator for Procurement.
1819.7201 Scope of subpart.
1819.7202 Eligibility.
1819.7203 Mentor approval process.
´ ´
1819.7204 Protege selection.
´ ´
1819.7205 Mentor-protege agreements.
1819.7206 Agreement contents.
1819.7207 Agreement submission and
approval process.
1819.7208 Award Fee Pilot Program.
1819.7209 Credit agreements.
1819.7210 Agreement terminations.
1819.7211 Loss of Eligibility.
1819.7212 Reporting requirements.
1819.7213 Performance reviews.
1819.7214 Measurement of Program success
1819.7215 Solicitation provision and
contract clauses.
Subpart 1819.72—NASA Mentor´ ´
Protege Program
1819.7201
Scope of subpart.
(a) This subpart implements the
´ ´
NASA Mentor-Protege Program
(hereafter referred to as the Program)
established under the authority of Title
42, U.S.C., 2473(c)(1). The purpose of
the Program is to:
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(1) Provide incentives to NASA
contractors, performing under at least
one active approved subcontracting plan
negotiated with NASA or another
´ ´
Federal agency, to assist proteges in
enhancing their capabilities to satisfy
NASA and other contract and
subcontract requirements;
(2) Increase the overall participation
´ ´
of proteges as subcontractors and
suppliers under NASA contracts, other
Federal agency contracts, and
commercial contracts; and
(3) Foster the establishment of longterm business relationships between
´ ´
proteges and mentors.
(b) Under the Program, eligible
entities approved as mentors will enter
´ ´
into mentor-protege agreements with
´ ´
eligible proteges to provide appropriate
developmental assistance to enhance
´ ´
the capabilities of the proteges to
perform as subcontractors and
suppliers. NASA may provide the
mentor award fee incentives.
Additionally, this subpart explains the
calculated subcontracting credit for a
´ ´
mentor-protege program pursuant to
FAR 52.219–9, Small Business
Subcontracting Plan.
1819.7202
Eligibility.
(a) Eligibility of Mentors: To be
eligible to participate as a mentor, an
entity must be—
(1) A large prime contractor
performing under contracts with at least
one approved subcontracting plan
negotiated with NASA, pursuant to FAR
Subpart 19.7, The Small Business
Subcontracting Program; and
(2) A contractor eligible for receipt of
Government contracts.
(i) An entity may not be approved for
participation in the Program as a mentor
if, at the time of requesting participation
in the program, it is currently debarred
or suspended from contracting with the
Federal Government pursuant to FAR
Subpart 9.4, Debarment, Suspension,
and Ineligibility.
´ ´
(b) Eligibility of Proteges: To be
´ ´
eligible to participate as a protege, an
entity must—
(1) Be classified as a Small
Disadvantaged Business (SDB), a
women-owned small business, a
HUBZone small business, a veteranowned or service-disabled veteranowned small business, an historically
black college and university, minority
institution of higher education, or an
active NASA SBIR Phase II company, as
defined in FAR Part 2, Definitions of
Parts and Terms;
(2) Be eligible for the award of Federal
contracts; and
(3) Be a small business according to
the Small Business Administration
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(SBA) size standard for the North
American Industry Classification
System (NAICS) code that represents the
contemplated supplies or services to be
´ ´
provided by the protege to the mentor
´ ´
if the protege is representing itself as a
women-owned small business,
HUBZone small business, or a veteranowned or service-disabled veteranowned small business.
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1819.7203
Mentor approval process.
(a) An entity seeking to participate as
a mentor must apply to the NASA
Headquarters Office of Small Business
Programs (OSBP), to establish its initial
eligibility and approval as a mentor,
´ ´
prior to submission of a mentor-protege
agreement.
(b) The application must provide the
following information:
(1) A statement that the entity is
currently performing under at least one
active approved subcontracting plan
negotiated with NASA pursuant to FAR
19.702, The Small Business
Subcontracting Program, and that the
entity is currently eligible for the award
of Government contracts.
(2) A summary of the entity’s
historical and recent activities and
accomplishments under its small and
disadvantaged business utilization
program.
(3) The total dollar amount of NASA
contracts and subcontracts that the
entity received during the two
preceding fiscal years. (Show prime
contracts and subcontracts separately
per year.)
(4) The total dollar amount of all other
Federal agency contracts and
subcontracts that the entity received
during the two preceding fiscal years.
(Show prime contracts and subcontracts
separately per year.)
(5) The total dollar amount of
subcontracts that the entity awarded
under NASA contracts during the two
preceding fiscal years.
(6) The total dollar amount of
subcontracts that the entity awarded
under all other Federal agency contracts
during the two preceding fiscal years.
(7) The total dollar amount and
percentage of subcontracts that the
entity awarded to all SDB, womenowned small businesses, HUBZone
small businesses, veteran-owned and
service-disabled veteran-owned small
businesses, Historically Black Colleges
and Universities, and minority
institutions of higher education, under
NASA contracts and other Federal
agency contracts during the two
preceding fiscal years. If the entity is
presently required to submit a Summary
Subcontracting Report via the
Government Electronic Subcontracting
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Reporting System (eSRS), the
application must include copies of the
final reports for the two preceding fiscal
years.
(8) Information on the entity’s ability
to provide developmental assistance to
´ ´
its eligible proteges.
(9) Any additional information as
requested by NASA OSBP.
(c) In accordance with the Small
Business Act, developmental assistance
as described in 1819.7205(c) and
´ ´
provided by a mentor to its protege
´ ´
pursuant to a mentor-protege agreement
may not be a basis for determining
affiliation or control (either direct or
indirect) between the parties.
(d) Entities that apply for
participation and are not approved will
be provided the reasons and an
opportunity to submit additional
information for reconsideration.
(e) Entities approved for participation
as a mentor in the NASA program must
resubmit a mentor application every six
(6) years for review and approval by
NASA OSBP.
(f) A template of the mentor
application is available at: https://
www.osbp.nasa.gov.
1819.7204
´ ´
Protege selection.
(a) Mentors will be solely responsible
´ ´
for selecting proteges. Mentors are
required to identify and select concerns
that are defined as either an SDB,
women-owned small business,
HUBZone small business, veteranowned or service-disabled veteranowned small business, Historically
Black Colleges and Universities,
minority institutions of higher
education, or an active NASA SBIR
Phase II company.
´ ´
(b) The selection of proteges by a
mentor may not be protested, except as
in paragraph (c) of this section.
(c) In the event of a protest regarding
the size or eligibility of an entity
´ ´
selected to be a protege, the mentor
must refer the protest to the SBA to
resolve in accordance with 13 CFR Part
121 (with respect to size) or 13 CFR Part
124 (with respect to disadvantaged
status).
´ ´
(d) A protege may have only one
´ ´
active NASA mentor-protege agreement,
and may not participate in the NASA
Program more than two times as a
´ ´
protege.
´ ´
(e) Proteges will be required to submit
´ ´
a protege application concurrently with
the agreement submission. This
application will include the following
information:
(1) A summary of the entity’s
historical and recent activities,
including annual revenue and number
of employees.
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(2) The total dollar amount of NASA
contracts and subcontracts that the
entity received during the two
preceding fiscal years. (Show prime
contracts and subcontracts separately
per year.)
(3) The total dollar amount of all other
Federal agency contracts and
subcontracts that the company received
during the two preceding fiscal years.
(Show prime contracts and subcontracts
separately per year.)
(4) The total dollar amount of
subcontracts that the company awarded
under NASA contracts during the two
preceding fiscal years.
(5) The total dollar amount of
subcontracts that the company awarded
under all other Federal agency contracts
during the two preceding fiscal years.
1819.7205
´ ´
Mentor-protege agreements.
(a) The agreements shall be structured
after the Mentor completes an
assessment of the developmental needs
´ ´
of the protege and a mutual agreement
is reached regarding the developmental
assistance to be permitted to address
´ ´
those needs and enhance the protege’s
ability to perform successfully under
contracts and/or subcontracts.
(b) A mentor shall not require a
´ ´
´ ´
protege to enter into a mentor-protege
agreement as a condition for award of a
contract by the mentor, including a
subcontract under a NASA contract
awarded to the mentor.
´ ´
(c) The mentor-protege agreement
may provide for the mentor to furnish
any or all of the following types of
developmental assistance:
(1) Assistance by the mentor’s
personnel in—
(i) General business management,
including organizational management,
financial management, personnel
management, marketing, business
development, and overall business
planning;
(ii) Engineering, environmental and
technical matters; and
(iii) Any other assistance designed to
´ ´
develop the capabilities of the protege
under the developmental program.
(2) Award of subcontracts under
NASA contracts or other contracts on a
noncompetitive basis.
(3) Advance payments under such
subcontracts. The mentor must
administer advance payments when first
approved by NASA in accordance with
FAR Subpart 32.4, Advance Payments
for Non-Commercial Items.
(4) Loans.
´ ´
(5) Investment(s) in the protege in
exchange for an ownership interest in
´ ´
the protege, not to exceed 10 percent of
the total ownership interest.
Investments may include, but are not
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limited to, cash, stock, and
contributions in kind.
(6) Assistance that the mentor obtains
´ ´
for the protege from one or more of the
following:
(i) Small Business Development
Centers established pursuant to Section
21 of the Small Business Act (15 U.S.C.
648).
(ii) Entities providing procurement
technical assistance pursuant to 10
U.S.C. Chapter 142 (Procurement
Technical Assistance Centers).
(iii) Historically Black Colleges and
Universities.
(iv) Minority institutions of higher
education.
(d) Developmental assistance
provided under an approved mentor´ ´
protege agreement is distinct from, and
must not duplicate, any effort that is the
normal and expected product of the
award and administration of the
mentor’s subcontracts. Costs associated
with the latter must be accumulated and
charged in accordance with the
contractor’s approved accounting
practices; they are not considered
developmental assistance costs eligible
for credit under the Program.
´ ´
(e) A template of the mentor-protege
agreement is available at https://
www.osbp.nasa.gov.
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1819.7206
Agreement contents.
´ ´
Each mentor-protege agreement will
contain the following elements:
(a) The name, address, e-mail address,
and telephone number of the mentor
´ ´
and protege points of contact;
(b) The NAICS code(s) that represent
the contemplated supplies or services to
´ ´
be provided by the protege to the
mentor and a statement that, at the time
the agreement is submitted for approval,
´ ´
the protege, if an SDB, a women-owned
small business, a HUBZone small
business, or a veteran-owned or a
service-disabled veteran-owned small
business concern, does not exceed the
size standard for the appropriate NAICS
code;
(c) The DUNS number of the mentor
´ ´
and protege;
(d) A statement that the mentor is
eligible to participate in accordance
with 1819.7202(a);
´ ´
(e) A statement that the protege is
eligible to participate in accordance
with 1819.7202(b);
(f) A developmental program
specifying the type of assistance the
´ ´
mentor will provide to the protege and
how that assistance will—
´ ´
(1) Increase the protege’s ability to
participate in NASA, Federal, and/or
commercial contracts and subcontracts;
and
(2) Increase small business
subcontracting opportunities in industry
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´ ´
categories where eligible proteges or
other small business firms are not
dominant in the company’s vendor base;
´ ´
(g) Factors to assess the protege’s
developmental progress under the
Program, including specific milestones
for providing each element of the
identified assistance;
(h) An estimate of the dollar value
and type of subcontracts that the mentor
´ ´
will award to the protege, and the
period of time over which the
subcontracts will be awarded;
(i) A statement from the mentor and
´ ´
protege indicating a commitment to
comply with the requirements for
reporting in accordance with 1819.7212
and for review of the agreement during
the duration of the agreement, and
´ ´
additionally for the protege, two years
thereafter;
(j) Procedures to terminate the
agreement in accordance with
1819.7210;
(k) A provision that the term for the
agreement will not exceed 3 years for a
credit agreement;
(l) Additional terms and conditions as
may be agreed upon by both parties; and
(m) Signatures and dates for both
´ ´
parties to the mentor-protege agreement.
1819.7207 Agreement submission and
approval process.
(a) To participate in the Program,
entities approved as mentors in
accordance with 1819.7203, will submit
to a Small Business Specialist at a
NASA Center—
´ ´
(1) A signed mentor-protege
agreement pursuant to 1819.7206;
(2) The estimated cost of the technical
assistance to be provided, broken out
per year and per task, in a separate cost
volume; and
(3) NASA OSBP may require
additional information as requested
upon agreement submission.
´ ´
(b) The mentor-protege agreement
must be approved by the Assistant
Administrator, NASA OSBP, prior to the
mentor incurring eligible costs for
developmental assistance provided to
´ ´
the protege.
(c) The cognizant NASA center will
issue a contract modification, if justified
prior to the mentor incurring costs for
´ ´
developmental assistance to the protege.
1819.7208
Award Fee Pilot Program.
(a) Mentors will be eligible to earn a
separate award fee associated with the
provision of developmental assistance
´ ´
to NASA SBIR Phase II Proteges only.
The award fee will be assessed at the
´ ´
end of the Mentor-Protege agreement
period.
(b) The overall developmental
assistance performance of NASA
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54343
contractors, in promoting the use of
small businesses as subcontractors, will
be a required evaluation factor in award
fee plans under the Award Fee Pilot
Program.
(c) Evaluation criteria to determine
the award fee would include:
(1) Active participation in the
Program;
(2) The amount and quality of
developmental assistance provided;
(3) Subcontracts awarded to small
businesses and others;
´ ´
(4) Success of the proteges in
increasing their business as a result of
receiving developmental assistance; and
(5) Accomplishment of any other
´ ´
activity as related to the mentor-protege
relationship.
(d) The Award Fee Pilot Program is an
addition to the credit agreement.
Participants that are eligible for award
fee will also receive credit as described
in 1819.7209.
1819.7209
Credit Agreements.
(a) The credit permits the mentor to
include the cost it expends on a mentor´ ´
protege agreement as part of any
subcontracting plan pursuant to the
clause at FAR 52.219–9, Small Business
Subcontracting Plan. The following
provisions apply to all credit mentor´ ´
protege agreements:
(1) Developmental assistance costs
incurred by a mentor for providing
´ ´
assistance to a protege pursuant to an
´ ´
approved credit mentor-protege
agreement may be credited as if the
costs were incurred in a subcontract
´ ´
awarded to that protege. Credit is given
for the sole purpose of determining the
performance of the mentor in attaining
an applicable subcontracting goal
established under any contract
containing a subcontracting plan
pursuant to the clause at FAR 52.219–
9, Small Business Subcontracting Plan.
(2) Other costs that have been
reimbursed through inclusion in
indirect expense pools may also be
credited as subcontract awards for
determining the performance of the
mentor in attaining an applicable
subcontracting goal established under
any contract containing a subcontracting
plan.
(3) The amount of credit a mentor
may receive for developmental
assistance costs must be reported on a
one-to-one basis for all dollars spent.
1819.7210
Agreement terminations.
(a) Agreements may be terminated for
cause or on a voluntary basis by the
´ ´
mentor or the protege. The procedures
for agreement termination are outlined
´ ´
in the mentor-protege agreement
template available at https://
www.osbp.nasa.gov.
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(b) NASA OSBP maintains the right to
terminate an agreement if milestones
provided under the original agreement
submission, pursuant to 1819.7206(g),
are not satisfactorily achieved, or for
other reasons as determined necessary
by the NASA OSBP.
1819.7211
Loss of Eligibility.
(a) If the mentor is suspended or
debarred while performing under an
´ ´
approved mentor-protege agreement, the
mentor—
(1) May not be reimbursed or take
credit for any costs of providing
´ ´
developmental assistance to its protege,
incurred more than 30 days after the
imposition of such suspension or
debarment; and
(2) Must promptly give notice of its
´ ´
suspension or debarment to its protege
and NASA OSBP.
´ ´
(b) If the protege is suspended or
debarred while performing under an
´ ´
approved mentor-protege agreement or
´ ´
the SBA determines that a protege is
ineligible according to program
eligibility requirements, then
(1) The mentor shall not be able to
receive credit for any of the costs of
´ ´
providing assistance to the protege after
the date of the determination regarding
´ ´
the protege’s loss of eligibility; and
(2) The mentor shall not be eligible to
receive an award fee for the assistance
´ ´
provided to the protege after the date of
the determination regarding the
´ ´
protege’s suspension or debarment, if
participating in the Award Fee Pilot
Program.
´ ´
(c) If the protege is a Historically
Black College or University, or other
minority institution of higher education
that loses either their accredited or
minority status, then:
(1) The mentor shall not be able to
receive credit for any the costs of
´ ´
providing assistance to the protege after
the date of the determination regarding
´ ´
the protege’s status.
(2) The mentor shall not be eligible to
receive an award fee for the assistance
´ ´
provided to the protege after the date of
the determination regarding the
´ ´
protege’s loss of accreditation or
minority status.
yshivers on PROD1PC62 with PROPOSALS
1819.7212
Reporting requirements.
(a) Mentors must report on the
progress made under active mentor´ ´
protege agreements semiannually
throughout the term of the agreement.
(b) Reports are due 30 days after the
end of each six-month period of
performance commencing with the start
of the agreement.
(c) Each semiannual report must
include the following data on
´ ´
performance under the mentor-protege
agreement:
VerDate Aug<31>2005
15:21 Sep 18, 2008
Jkt 214001
(1) Dollars obligated by NASA (for
reimbursable agreements).
(2) Expenditures by the mentor.
(3) The number and dollar value of
´ ´
subcontracts awarded to the protege.
(4) Description of developmental
assistance provided, including
milestones achieved.
(5) Impact of the agreement in terms
of capabilities enhanced, certifications
received, and/or technology transferred.
´ ´
(d) Semiannually, the protege must
provide an independently developed
progress report using the semiannual
report template, on the progress made
during the prior six months by the
´ ´
protege in employment, revenues, and
participation in NASA contracts during
each year of the Program participation
´ ´
term. The Protege must also provide an
additional post-agreement report for
each of the two years following the
expiration of the Program participation
term.
´ ´
(e) The protege semiannual report
required by paragraph (d) of this section
may be provided with the mentor
semiannual report required by
paragraph (a) of this section, or
submitted separately.
(f) Reports for all agreements must be
submitted to the NASA OSBP Mentor´ ´
Protege Program Manager, the mentor’s
cognizant administrative contracting
officer, and their cognizant center small
business specialist.
(g) Templates for the semiannual
report and the Post-Agreement report
and guidance for their submission are
available at: https://www.osbp.nasa.gov.
1819.7213
Performance reviews.
(a) NASA OSBP will conduct annual
performance reviews of the progress and
accomplishments realized under
´ ´
approved mentor-protege agreements.
These reviews will include verification
of—
(1) All costs incurred by the mentor
under the agreement to determine if
they were reasonable in the provision of
´ ´
developmental assistance to the protege
´ ´
in accordance with the mentor-protege
agreement and applicable regulations
and procedures; and
´ ´
(2) The mentor’s and protege’s
´ ´
reported progress made by the protege
in employment, revenues, and
participation in NASA contracts during
the program participation term.
1819.7214
success.
Measurement of Program
(a) NASA will measure the overall
success of the Program by the extent to
which the Program results in—
(1) An increase in the number and
dollar value of contracts and
´ ´
subcontract awards to proteges (under
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
NASA contracts, contracts awarded by
other Federal agencies, and commercial
contracts) from the date of their entry
into the program until two years after
the conclusion of the agreement;
(2) An increase in the number and
dollar value of subcontracts awarded to
´ ´
´ ´
a protege (or former protege) by its
mentor (or former mentor); and
´ ´
(3) An increase in the proteges
number of employees from the date of
entry into the program until two years
after the completion of the agreement.
1819.7215 Solicitation provision and
contract clauses.
(a) The contracting officer shall insert
the clause at 1852.219–77, NASA
´ ´
Mentor-Protege Program, in:
(1) Any contract that includes the
clause at FAR 52.219–9, Small Business
Subcontracting Plan.
(b) The contracting officer shall insert
the clause at 1852.219–79, Mentor
Requirements and Evaluation, in
contracts where the prime contractor is
a participant in the NASA Mentor´ ´
Protege Program.
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Sections 1852.219–77 and
1852.219–79 are revised to read as
follows:
1852.219–77
Program.
´ ´
NASA Mentor-Protege
As prescribed in 1819.7215, insert the
following clause:
´ ´
NASA MENTOR-PROTEGE PROGRAM
(XX/XX)
(a) Prime contractors are encouraged to
´ ´
participate in the NASA Mentor-Protege
Program for the purpose of providing
´ ´
developmental assistance to eligible protege
entities to enhance their capabilities and
increase their participation in NASA
contracts.
(b) The Program consists of:
(1) Mentors, which are large businesses
and prime contractors with at least one active
and approved NASA subcontracting plan;
´ ´
(2) Proteges, which are subcontractors to
´ ´
the prime contractor. Proteges must qualify
as certified small disadvantaged business
concerns, women-owned small business
concerns, veteran-owned or service-disabled
veteran-owned small business concerns,
HUBZone small business concerns,
Historically Black Colleges and Universities,
minority institutions of higher education, or
active NASA SBIR Phase II companies
meeting the qualifications defined in FAR
Part 2, Definitions of Parts and Terms.
´ ´
(3) Mentor-protege agreements, endorsed
by the cognizant NASA centers and approved
by the NASA Office of Small Business
Programs (OSBP);
(4) In contracts with award fee incentives,
potential for payment of an award fee for
E:\FR\FM\19SEP1.SGM
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Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Proposed Rules
voluntary participation and successful
´ ´
performance in the Mentor-Protege Program,
in accordance with NFS 1819.7209.
(c) Mentor participation in the Program,
described in NFS 1819.72, means providing
technical, managerial and financial
´ ´
assistance to aid proteges in developing
requisite high-tech expertise and business
systems to compete for and successfully
perform NASA contracts and subcontracts.
(d) Contractors interested in participating
in the program are encouraged to contact the
NASA OSBP, Washington, DC 20546, (202)
358–2088, for further information.
(End of clause)
1852.219–79
evaluation.
Mentor requirements and
As prescribed in 1819.7215, insert the
following clause:
MENTOR REQUIREMENTS AND
EVALUATION
(End of clause)
yshivers on PROD1PC62 with PROPOSALS
(XX/XX)
(a) The purpose of the NASA Mentor´ ´
Protege Program is for a NASA prime
contractor to provide developmental
assistance to certain subcontractors
´ ´
´ ´
qualifying as proteges. Eligible proteges
include certified small disadvantaged
business concerns, women-owned small
business concerns, veteran-owned or servicedisabled veteran-owned small business
concerns, HUBZone small business concerns,
Historically Black Colleges and Universities,
minority institutions of higher education,
and active NASA SBIR Phase II companies
meeting the qualifications specified in
defined in FAR Part 2, Definitions of Parts
and Terms.
(b) NASA will evaluate the contractor’s
performance on the following factors. If this
contract includes an award fee incentive, this
assessment will be accomplished as part of
the fee evaluation process.
(1) Specific actions taken by the contractor,
during the evaluation period, to increase the
´ ´
participation of proteges as subcontractors
and suppliers;
(2) Specific actions taken by the contractor
during this evaluation period to develop the
technical and corporate administrative
´ ´
expertise of a protege as defined in the
agreement;
´ ´
(3) To what extent the mentor and protege
have met the developmental milestones
outlined in the agreement; and
(4) To what extent the entities participation
´ ´
in the Mentor-Protege Program resulted in
´ ´
the protege receiving competitive contract(s)
and subcontract(s) from private firms and
agencies other than the mentor.
(c) Semiannual reports shall be submitted
´ ´
by the mentor and the protege to the
cognizant NASA center and NASA
Headquarters Office of Small Business
Programs (OSBP), following the semiannual
report template found on the Web site at
https://www.osbp.nasa.gov.
(d) The mentor will notify the cognizant
NASA center and NASA OSBP in writing, at
least 30 days in advance of the mentor’s
intent to voluntarily withdraw from the
´ ´
program or upon receipt of a protege’s notice
to withdraw from the Program;
VerDate Aug<31>2005
(e) At the end of each year in the Mentor´ ´
´ ´
Protege Program, the mentor and protege, as
appropriate, will formally brief the NASA
´ ´
Mentor-Protege program manager, the
technical program manager, and the
contracting officer during a formal program
review regarding Program accomplishments,
as it pertains to the approved agreement.
´ ´
(f) NASA may terminate mentor-protege
agreements for good cause, thereby excluding
´ ´
mentors or proteges from participating in the
´ ´
NASA Mentor-Protege program. These
actions shall be approved by the NASA
OSBP. NASA shall terminate an agreement
by delivering to the contractor a letter
specifying the reason for termination and the
effective date. Termination of an agreement
does not constitute a termination of the
subcontract between the mentor and the
´ ´
protege. A plan for accomplishing the
subcontract effort should the agreement be
terminated shall be submitted with the
agreement as required in NFS 1819.7211.
15:21 Sep 18, 2008
Jkt 214001
54345
We will not accept e-mail or faxes. We
will post all comments on https://
www.regulations.gov. This generally
means that we will also post any
personal information included with
your comments (see the Public
Comments section below for more
information).
FOR FURTHER INFORMATION CONTACT:
Jeffery L. Foss, Field Supervisor, Snake
River Fish and Wildlife Office, 1387 S.
Vinnell Way, Room 368, Boise, ID 83709
(telephone 208–378–5243; facsimile
208–378–5262). If you use a
telecommunications device for the deaf
(TDD), you may call the Federal
Information Relay Service (FIRS) at
800–877–8339.
SUPPLEMENTARY INFORMATION:
Public Comments
We intend that any final action
resulting from the proposal will be as
accurate and as effective as possible.
BILLING CODE 7510–01–P
Therefore, we are seeking comments or
suggestions from the public, other
concerned governmental agencies, the
DEPARTMENT OF THE INTERIOR
scientific community, industry, or any
Fish and Wildlife Service
other interested party concerning the
proposed rule. We particularly seek
50 CFR Part 17
comments concerning:
(1) Biological, commercial trade, or
[FWS–R1–ES–2008–0096; MO 9221050083–
other relevant data concerning any
B2]
threat (or lack thereof) to Lepidium
RIN 1018–AW34
papilliferum;
(2) Additional information concerning
Endangered and Threatened Wildlife
the range, distribution, and population
and Plants; Listing the Plant Lepidium
size of this species; and
papilliferum (Slickspot Peppergrass)
(3) Current or planned activities in the
as Endangered
subject area and their possible impact
on this species.
AGENCY: Fish and Wildlife Service,
You may submit your comments and
Interior.
materials concerning the proposed rule
ACTION: Proposed rule; reopening of
by one of the methods listed in the
comment period.
ADDRESSES section. We will not accept
SUMMARY: We, the U.S. Fish and
comments sent by e-mail or fax or to an
Wildlife Service (Service), notify the
address not listed in the ADDRESSES
public of the reinstatement of our July
section.
15, 2002, proposed rule to list Lepidium
We will post your entire comment—
papilliferum (slickspot peppergrass) as
including your personal identifying
endangered under the Endangered
information—on https://
Species Act of 1973, as amended (Act).
www.regulations.gov. If you provide
We announce the reopening of the
personal identifying information in your
public comment period on that
comment, you may request at the top of
proposed listing.
your document that we withhold this
DATES: We will accept comments
information from public review.
received on or before October 20, 2008.
However, we cannot guarantee that we
will be able to do so.
ADDRESSES: You may submit comments
In making a final decision on the
by one of the following methods:
• Via the Federal eRulemaking Portal: proposal, we will take into
consideration the comments and any
https://www.regulations.gov. Follow the
additional information we receive. Such
instructions for submitting comments.
• By U.S. mail or hand-delivery to:
communications may lead to a final rule
Public Comments Processing, Attn: RIN that differs from the proposal.
1018–AW34, Division of Policy and
Comments and materials we receive,
Directives Management, U.S. Fish and
as well as supporting documentation we
Wildlife Service, 4401 N. Fairfax Drive,
used in preparing the proposed rule,
Suite 222, Arlington, VA 22203.
will be available for public inspection
[FR Doc. E8–21984 Filed 9–18–08; 8:45 am]
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
E:\FR\FM\19SEP1.SGM
19SEP1
]]>Agencies
[Federal Register Volume 73, Number 183 (Friday, September 19, 2008)]
[Proposed Rules]
[Pages 54340-54345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21984]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1819 and 1852
RIN 2700-AD41
NASA Mentor-Prot[eacute]g[eacute] Program
AGENCY: National Aeronautics and Space Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 54341]]
SUMMARY: NASA proposes to revise the NASA FAR Supplement (NFS) to
update the procedures for NASA's Mentor-Prot[eacute]g[eacute] program.
The changes will streamline the program; align the mentoring to
technical skills; expand the program to include Small Disadvantaged
Businesses (SDB), women-owned small businesses, HUBZone small
businesses, veteran-owned and service-disabled veteran-owned small
businesses, Historically Black Colleges and Universities, minority
institutions of higher education, and NASA Small Business Innovation
Research (SBIR) Phase II small businesses; and will include award fee
incentives.
DATES: Comments should be submitted on or before November 18, 2008 to
be considered in formulation of the final rule.
ADDRESSES: Interested parties may submit comments, identified by RIN
number 2700-AD41, via the Federal eRulemaking Portal: https://
www.regulations.gov. Follow the instructions for submitting comments.
Comments may also be submitted to Diane Thompson, NASA Headquarters,
Office of Procurement, Contract Management Division, Washington, DC
20546. Comments may also be submitted by e-mail to
Diane.Thompson@nasa.gov.
FOR FURTHER INFORMATION CONTACT: Diane Thompson, NASA, Office of
Procurement, Contract Management Division; (202) 358-0514; e-mail:
Diane.Thompson@nasa.gov.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule implements the NASA Mentor-Prot[eacute]g[eacute]
Program established under the authority of Title 42, U.S.C.,
2473(c)(1). Under the program, eligible entities approved as mentors
will enter into mentor-prot[eacute]g[eacute] agreements with eligible
prot[eacute]g[eacute]s to provide appropriate developmental assistance
to enhance the capabilities of the prot[eacute]g[eacute]s to perform as
subcontractors and suppliers. This proposed rule also introduces mentor
award fee incentives and explains the calculated subcontracting credit
pursuant to FAR 52.219-9, Small Business Subcontracting Plan. This is
not a significant regulatory action and, therefore, is not subject to
review under Section 6(b) of Executive Order 12866, Regulatory Planning
and Review, dated September 30, 1993. This proposed rule is not a major
rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
NASA certifies that this proposed 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 participation in the mentor prot[eacute]g[eacute] program is
voluntary and does not impose an economic impact beyond that addressed
in the FAC 2005-14 publication of the FAR final rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) is applicable because
the NFS changes impose information collection requirements in the form
of applications and report submissions. The information collection has
been approved by the Office of Management and Budget under 44 U.S.C.
3501, et seq. via control number 2007-0078.
List of Subjects in 48 CFR Parts 1819 and 1852
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
Accordingly, 48 CFR parts 1819 and 1852 are proposed to be amended
as follows:
1. The authority citation for 48 CFR parts 1819 and 1852 continues
to read as follows:
Authority: 42 U.S.C. 2473(c)(1).
2. Subpart 1819 is revised to read as follows:
Subpart 1819.72--NASA Mentor-Prot[eacute]g[eacute] Program
1819.7201 Scope of subpart.
1819.7202 Eligibility.
1819.7203 Mentor approval process.
1819.7204 Prot[eacute]g[eacute] selection.
1819.7205 Mentor-prot[eacute]g[eacute] agreements.
1819.7206 Agreement contents.
1819.7207 Agreement submission and approval process.
1819.7208 Award Fee Pilot Program.
1819.7209 Credit agreements.
1819.7210 Agreement terminations.
1819.7211 Loss of Eligibility.
1819.7212 Reporting requirements.
1819.7213 Performance reviews.
1819.7214 Measurement of Program success
1819.7215 Solicitation provision and contract clauses.
Subpart 1819.72--NASA Mentor-Prot[eacute]g[eacute] Program
1819.7201 Scope of subpart.
(a) This subpart implements the NASA Mentor-Prot[eacute]g[eacute]
Program (hereafter referred to as the Program) established under the
authority of Title 42, U.S.C., 2473(c)(1). The purpose of the Program
is to:
(1) Provide incentives to NASA contractors, performing under at
least one active approved subcontracting plan negotiated with NASA or
another Federal agency, to assist prot[eacute]g[eacute]s in enhancing
their capabilities to satisfy NASA and other contract and subcontract
requirements;
(2) Increase the overall participation of prot[eacute]g[eacute]s as
subcontractors and suppliers under NASA contracts, other Federal agency
contracts, and commercial contracts; and
(3) Foster the establishment of long-term business relationships
between prot[eacute]g[eacute]s and mentors.
(b) Under the Program, eligible entities approved as mentors will
enter into mentor-prot[eacute]g[eacute] agreements with eligible
prot[eacute]g[eacute]s to provide appropriate developmental assistance
to enhance the capabilities of the prot[eacute]g[eacute]s to perform as
subcontractors and suppliers. NASA may provide the mentor award fee
incentives. Additionally, this subpart explains the calculated
subcontracting credit for a mentor-prot[eacute]g[eacute] program
pursuant to FAR 52.219-9, Small Business Subcontracting Plan.
1819.7202 Eligibility.
(a) Eligibility of Mentors: To be eligible to participate as a
mentor, an entity must be--
(1) A large prime contractor performing under contracts with at
least one approved subcontracting plan negotiated with NASA, pursuant
to FAR Subpart 19.7, The Small Business Subcontracting Program; and
(2) A contractor eligible for receipt of Government contracts.
(i) An entity may not be approved for participation in the Program
as a mentor if, at the time of requesting participation in the program,
it is currently debarred or suspended from contracting with the Federal
Government pursuant to FAR Subpart 9.4, Debarment, Suspension, and
Ineligibility.
(b) Eligibility of Prot[eacute]g[eacute]s: To be eligible to
participate as a prot[eacute]g[eacute], an entity must--
(1) Be classified as a Small Disadvantaged Business (SDB), a women-
owned small business, a HUBZone small business, a veteran-owned or
service-disabled veteran-owned small business, an historically black
college and university, minority institution of higher education, or an
active NASA SBIR Phase II company, as defined in FAR Part 2,
Definitions of Parts and Terms;
(2) Be eligible for the award of Federal contracts; and
(3) Be a small business according to the Small Business
Administration
[[Page 54342]]
(SBA) size standard for the North American Industry Classification
System (NAICS) code that represents the contemplated supplies or
services to be provided by the prot[eacute]g[eacute] to the mentor if
the prot[eacute]g[eacute] is representing itself as a women-owned small
business, HUBZone small business, or a veteran-owned or service-
disabled veteran-owned small business.
1819.7203 Mentor approval process.
(a) An entity seeking to participate as a mentor must apply to the
NASA Headquarters Office of Small Business Programs (OSBP), to
establish its initial eligibility and approval as a mentor, prior to
submission of a mentor-prot[eacute]g[eacute] agreement.
(b) The application must provide the following information:
(1) A statement that the entity is currently performing under at
least one active approved subcontracting plan negotiated with NASA
pursuant to FAR 19.702, The Small Business Subcontracting Program, and
that the entity is currently eligible for the award of Government
contracts.
(2) A summary of the entity's historical and recent activities and
accomplishments under its small and disadvantaged business utilization
program.
(3) The total dollar amount of NASA contracts and subcontracts that
the entity received during the two preceding fiscal years. (Show prime
contracts and subcontracts separately per year.)
(4) The total dollar amount of all other Federal agency contracts
and subcontracts that the entity received during the two preceding
fiscal years. (Show prime contracts and subcontracts separately per
year.)
(5) The total dollar amount of subcontracts that the entity awarded
under NASA contracts during the two preceding fiscal years.
(6) The total dollar amount of subcontracts that the entity awarded
under all other Federal agency contracts during the two preceding
fiscal years.
(7) The total dollar amount and percentage of subcontracts that the
entity awarded to all SDB, women-owned small businesses, HUBZone small
businesses, veteran-owned and service-disabled veteran-owned small
businesses, Historically Black Colleges and Universities, and minority
institutions of higher education, under NASA contracts and other
Federal agency contracts during the two preceding fiscal years. If the
entity is presently required to submit a Summary Subcontracting Report
via the Government Electronic Subcontracting Reporting System (eSRS),
the application must include copies of the final reports for the two
preceding fiscal years.
(8) Information on the entity's ability to provide developmental
assistance to its eligible prot[eacute]g[eacute]s.
(9) Any additional information as requested by NASA OSBP.
(c) In accordance with the Small Business Act, developmental
assistance as described in 1819.7205(c) and provided by a mentor to its
prot[eacute]g[eacute] pursuant to a mentor-prot[eacute]g[eacute]
agreement may not be a basis for determining affiliation or control
(either direct or indirect) between the parties.
(d) Entities that apply for participation and are not approved will
be provided the reasons and an opportunity to submit additional
information for reconsideration.
(e) Entities approved for participation as a mentor in the NASA
program must resubmit a mentor application every six (6) years for
review and approval by NASA OSBP.
(f) A template of the mentor application is available at: https://
www.osbp.nasa.gov.
1819.7204 Prot[eacute]g[eacute] selection.
(a) Mentors will be solely responsible for selecting
prot[eacute]g[eacute]s. Mentors are required to identify and select
concerns that are defined as either an SDB, women-owned small business,
HUBZone small business, veteran-owned or service-disabled veteran-owned
small business, Historically Black Colleges and Universities, minority
institutions of higher education, or an active NASA SBIR Phase II
company.
(b) The selection of prot[eacute]g[eacute]s by a mentor may not be
protested, except as in paragraph (c) of this section.
(c) In the event of a protest regarding the size or eligibility of
an entity selected to be a prot[eacute]g[eacute], the mentor must refer
the protest to the SBA to resolve in accordance with 13 CFR Part 121
(with respect to size) or 13 CFR Part 124 (with respect to
disadvantaged status).
(d) A prot[eacute]g[eacute] may have only one active NASA mentor-
prot[eacute]g[eacute] agreement, and may not participate in the NASA
Program more than two times as a prot[eacute]g[eacute].
(e) Prot[eacute]g[eacute]s will be required to submit a
prot[eacute]g[eacute] application concurrently with the agreement
submission. This application will include the following information:
(1) A summary of the entity's historical and recent activities,
including annual revenue and number of employees.
(2) The total dollar amount of NASA contracts and subcontracts that
the entity received during the two preceding fiscal years. (Show prime
contracts and subcontracts separately per year.)
(3) The total dollar amount of all other Federal agency contracts
and subcontracts that the company received during the two preceding
fiscal years. (Show prime contracts and subcontracts separately per
year.)
(4) The total dollar amount of subcontracts that the company
awarded under NASA contracts during the two preceding fiscal years.
(5) The total dollar amount of subcontracts that the company
awarded under all other Federal agency contracts during the two
preceding fiscal years.
1819.7205 Mentor-prot[eacute]g[eacute] agreements.
(a) The agreements shall be structured after the Mentor completes
an assessment of the developmental needs of the prot[eacute]g[eacute]
and a mutual agreement is reached regarding the developmental
assistance to be permitted to address those needs and enhance the
prot[eacute]g[eacute]'s ability to perform successfully under contracts
and/or subcontracts.
(b) A mentor shall not require a prot[eacute]g[eacute] to enter
into a mentor-prot[eacute]g[eacute] agreement as a condition for award
of a contract by the mentor, including a subcontract under a NASA
contract awarded to the mentor.
(c) The mentor-prot[eacute]g[eacute] agreement may provide for the
mentor to furnish any or all of the following types of developmental
assistance:
(1) Assistance by the mentor's personnel in--
(i) General business management, including organizational
management, financial management, personnel management, marketing,
business development, and overall business planning;
(ii) Engineering, environmental and technical matters; and
(iii) Any other assistance designed to develop the capabilities of
the prot[eacute]g[eacute] under the developmental program.
(2) Award of subcontracts under NASA contracts or other contracts
on a noncompetitive basis.
(3) Advance payments under such subcontracts. The mentor must
administer advance payments when first approved by NASA in accordance
with FAR Subpart 32.4, Advance Payments for Non-Commercial Items.
(4) Loans.
(5) Investment(s) in the prot[eacute]g[eacute] in exchange for an
ownership interest in the prot[eacute]g[eacute], not to exceed 10
percent of the total ownership interest. Investments may include, but
are not
[[Page 54343]]
limited to, cash, stock, and contributions in kind.
(6) Assistance that the mentor obtains for the
prot[eacute]g[eacute] from one or more of the following:
(i) Small Business Development Centers established pursuant to
Section 21 of the Small Business Act (15 U.S.C. 648).
(ii) Entities providing procurement technical assistance pursuant
to 10 U.S.C. Chapter 142 (Procurement Technical Assistance Centers).
(iii) Historically Black Colleges and Universities.
(iv) Minority institutions of higher education.
(d) Developmental assistance provided under an approved mentor-
prot[eacute]g[eacute] agreement is distinct from, and must not
duplicate, any effort that is the normal and expected product of the
award and administration of the mentor's subcontracts. Costs associated
with the latter must be accumulated and charged in accordance with the
contractor's approved accounting practices; they are not considered
developmental assistance costs eligible for credit under the Program.
(e) A template of the mentor-prot[eacute]g[eacute] agreement is
available at https://www.osbp.nasa.gov.
1819.7206 Agreement contents.
Each mentor-prot[eacute]g[eacute] agreement will contain the
following elements:
(a) The name, address, e-mail address, and telephone number of the
mentor and prot[eacute]g[eacute] points of contact;
(b) The NAICS code(s) that represent the contemplated supplies or
services to be provided by the prot[eacute]g[eacute] to the mentor and
a statement that, at the time the agreement is submitted for approval,
the prot[eacute]g[eacute], if an SDB, a women-owned small business, a
HUBZone small business, or a veteran-owned or a service-disabled
veteran-owned small business concern, does not exceed the size standard
for the appropriate NAICS code;
(c) The DUNS number of the mentor and prot[eacute]g[eacute];
(d) A statement that the mentor is eligible to participate in
accordance with 1819.7202(a);
(e) A statement that the prot[eacute]g[eacute] is eligible to
participate in accordance with 1819.7202(b);
(f) A developmental program specifying the type of assistance the
mentor will provide to the prot[eacute]g[eacute] and how that
assistance will--
(1) Increase the prot[eacute]g[eacute]'s ability to participate in
NASA, Federal, and/or commercial contracts and subcontracts; and
(2) Increase small business subcontracting opportunities in
industry categories where eligible prot[eacute]g[eacute]s or other
small business firms are not dominant in the company's vendor base;
(g) Factors to assess the prot[eacute]g[eacute]'s developmental
progress under the Program, including specific milestones for providing
each element of the identified assistance;
(h) An estimate of the dollar value and type of subcontracts that
the mentor will award to the prot[eacute]g[eacute], and the period of
time over which the subcontracts will be awarded;
(i) A statement from the mentor and prot[eacute]g[eacute]
indicating a commitment to comply with the requirements for reporting
in accordance with 1819.7212 and for review of the agreement during the
duration of the agreement, and additionally for the
prot[eacute]g[eacute], two years thereafter;
(j) Procedures to terminate the agreement in accordance with
1819.7210;
(k) A provision that the term for the agreement will not exceed 3
years for a credit agreement;
(l) Additional terms and conditions as may be agreed upon by both
parties; and
(m) Signatures and dates for both parties to the mentor-
prot[eacute]g[eacute] agreement.
1819.7207 Agreement submission and approval process.
(a) To participate in the Program, entities approved as mentors in
accordance with 1819.7203, will submit to a Small Business Specialist
at a NASA Center--
(1) A signed mentor-prot[eacute]g[eacute] agreement pursuant to
1819.7206;
(2) The estimated cost of the technical assistance to be provided,
broken out per year and per task, in a separate cost volume; and
(3) NASA OSBP may require additional information as requested upon
agreement submission.
(b) The mentor-prot[eacute]g[eacute] agreement must be approved by
the Assistant Administrator, NASA OSBP, prior to the mentor incurring
eligible costs for developmental assistance provided to the
prot[eacute]g[eacute].
(c) The cognizant NASA center will issue a contract modification,
if justified prior to the mentor incurring costs for developmental
assistance to the prot[eacute]g[eacute].
1819.7208 Award Fee Pilot Program.
(a) Mentors will be eligible to earn a separate award fee
associated with the provision of developmental assistance to NASA SBIR
Phase II Prot[eacute]g[eacute]s only. The award fee will be assessed at
the end of the Mentor-Prot[eacute]g[eacute] agreement period.
(b) The overall developmental assistance performance of NASA
contractors, in promoting the use of small businesses as
subcontractors, will be a required evaluation factor in award fee plans
under the Award Fee Pilot Program.
(c) Evaluation criteria to determine the award fee would include:
(1) Active participation in the Program;
(2) The amount and quality of developmental assistance provided;
(3) Subcontracts awarded to small businesses and others;
(4) Success of the prot[eacute]g[eacute]s in increasing their
business as a result of receiving developmental assistance; and
(5) Accomplishment of any other activity as related to the mentor-
prot[eacute]g[eacute] relationship.
(d) The Award Fee Pilot Program is an addition to the credit
agreement. Participants that are eligible for award fee will also
receive credit as described in 1819.7209.
1819.7209 Credit Agreements.
(a) The credit permits the mentor to include the cost it expends on
a mentor-prot[eacute]g[eacute] agreement as part of any subcontracting
plan pursuant to the clause at FAR 52.219-9, Small Business
Subcontracting Plan. The following provisions apply to all credit
mentor-prot[eacute]g[eacute] agreements:
(1) Developmental assistance costs incurred by a mentor for
providing assistance to a prot[eacute]g[eacute] pursuant to an approved
credit mentor-prot[eacute]g[eacute] agreement may be credited as if the
costs were incurred in a subcontract awarded to that
prot[eacute]g[eacute]. Credit is given for the sole purpose of
determining the performance of the mentor in attaining an applicable
subcontracting goal established under any contract containing a
subcontracting plan pursuant to the clause at FAR 52.219-9, Small
Business Subcontracting Plan.
(2) Other costs that have been reimbursed through inclusion in
indirect expense pools may also be credited as subcontract awards for
determining the performance of the mentor in attaining an applicable
subcontracting goal established under any contract containing a
subcontracting plan.
(3) The amount of credit a mentor may receive for developmental
assistance costs must be reported on a one-to-one basis for all dollars
spent.
1819.7210 Agreement terminations.
(a) Agreements may be terminated for cause or on a voluntary basis
by the mentor or the prot[eacute]g[eacute]. The procedures for
agreement termination are outlined in the mentor-prot[eacute]g[eacute]
agreement template available at https://www.osbp.nasa.gov.
[[Page 54344]]
(b) NASA OSBP maintains the right to terminate an agreement if
milestones provided under the original agreement submission, pursuant
to 1819.7206(g), are not satisfactorily achieved, or for other reasons
as determined necessary by the NASA OSBP.
1819.7211 Loss of Eligibility.
(a) If the mentor is suspended or debarred while performing under
an approved mentor-prot[eacute]g[eacute] agreement, the mentor--
(1) May not be reimbursed or take credit for any costs of providing
developmental assistance to its prot[eacute]g[eacute], incurred more
than 30 days after the imposition of such suspension or debarment; and
(2) Must promptly give notice of its suspension or debarment to its
prot[eacute]g[eacute] and NASA OSBP.
(b) If the prot[eacute]g[eacute] is suspended or debarred while
performing under an approved mentor-prot[eacute]g[eacute] agreement or
the SBA determines that a prot[eacute]g[eacute] is ineligible according
to program eligibility requirements, then
(1) The mentor shall not be able to receive credit for any of the
costs of providing assistance to the prot[eacute]g[eacute] after the
date of the determination regarding the prot[eacute]g[eacute]'s loss of
eligibility; and
(2) The mentor shall not be eligible to receive an award fee for
the assistance provided to the prot[eacute]g[eacute] after the date of
the determination regarding the prot[eacute]g[eacute]'s suspension or
debarment, if participating in the Award Fee Pilot Program.
(c) If the prot[eacute]g[eacute] is a Historically Black College or
University, or other minority institution of higher education that
loses either their accredited or minority status, then:
(1) The mentor shall not be able to receive credit for any the
costs of providing assistance to the prot[eacute]g[eacute] after the
date of the determination regarding the prot[eacute]g[eacute]'s status.
(2) The mentor shall not be eligible to receive an award fee for
the assistance provided to the prot[eacute]g[eacute] after the date of
the determination regarding the prot[eacute]g[eacute]'s loss of
accreditation or minority status.
1819.7212 Reporting requirements.
(a) Mentors must report on the progress made under active mentor-
prot[eacute]g[eacute] agreements semiannually throughout the term of
the agreement.
(b) Reports are due 30 days after the end of each six-month period
of performance commencing with the start of the agreement.
(c) Each semiannual report must include the following data on
performance under the mentor-prot[eacute]g[eacute] agreement:
(1) Dollars obligated by NASA (for reimbursable agreements).
(2) Expenditures by the mentor.
(3) The number and dollar value of subcontracts awarded to the
prot[eacute]g[eacute].
(4) Description of developmental assistance provided, including
milestones achieved.
(5) Impact of the agreement in terms of capabilities enhanced,
certifications received, and/or technology transferred.
(d) Semiannually, the prot[eacute]g[eacute] must provide an
independently developed progress report using the semiannual report
template, on the progress made during the prior six months by the
prot[eacute]g[eacute] in employment, revenues, and participation in
NASA contracts during each year of the Program participation term. The
Prot[eacute]g[eacute] must also provide an additional post-agreement
report for each of the two years following the expiration of the
Program participation term.
(e) The prot[eacute]g[eacute] semiannual report required by
paragraph (d) of this section may be provided with the mentor
semiannual report required by paragraph (a) of this section, or
submitted separately.
(f) Reports for all agreements must be submitted to the NASA OSBP
Mentor-Prot[eacute]g[eacute] Program Manager, the mentor's cognizant
administrative contracting officer, and their cognizant center small
business specialist.
(g) Templates for the semiannual report and the Post-Agreement
report and guidance for their submission are available at: https://
www.osbp.nasa.gov.
1819.7213 Performance reviews.
(a) NASA OSBP will conduct annual performance reviews of the
progress and accomplishments realized under approved mentor-
prot[eacute]g[eacute] agreements. These reviews will include
verification of--
(1) All costs incurred by the mentor under the agreement to
determine if they were reasonable in the provision of developmental
assistance to the prot[eacute]g[eacute] in accordance with the mentor-
prot[eacute]g[eacute] agreement and applicable regulations and
procedures; and
(2) The mentor's and prot[eacute]g[eacute]'s reported progress made
by the prot[eacute]g[eacute] in employment, revenues, and participation
in NASA contracts during the program participation term.
1819.7214 Measurement of Program success.
(a) NASA will measure the overall success of the Program by the
extent to which the Program results in--
(1) An increase in the number and dollar value of contracts and
subcontract awards to prot[eacute]g[eacute]s (under NASA contracts,
contracts awarded by other Federal agencies, and commercial contracts)
from the date of their entry into the program until two years after the
conclusion of the agreement;
(2) An increase in the number and dollar value of subcontracts
awarded to a prot[eacute]g[eacute] (or former prot[eacute]g[eacute]) by
its mentor (or former mentor); and
(3) An increase in the prot[eacute]g[eacute]s number of employees
from the date of entry into the program until two years after the
completion of the agreement.
1819.7215 Solicitation provision and contract clauses.
(a) The contracting officer shall insert the clause at 1852.219-77,
NASA Mentor-Prot[eacute]g[eacute] Program, in:
(1) Any contract that includes the clause at FAR 52.219-9, Small
Business Subcontracting Plan.
(b) The contracting officer shall insert the clause at 1852.219-79,
Mentor Requirements and Evaluation, in contracts where the prime
contractor is a participant in the NASA Mentor-Prot[eacute]g[eacute]
Program.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Sections 1852.219-77 and 1852.219-79 are revised to read as
follows:
1852.219-77 NASA Mentor-Prot[eacute]g[eacute] Program.
As prescribed in 1819.7215, insert the following clause:
NASA MENTOR-PROT[Eacute]G[Eacute] PROGRAM
(XX/XX)
(a) Prime contractors are encouraged to participate in the NASA
Mentor-Prot[eacute]g[eacute] Program for the purpose of providing
developmental assistance to eligible prot[eacute]g[eacute] entities
to enhance their capabilities and increase their participation in
NASA contracts.
(b) The Program consists of:
(1) Mentors, which are large businesses and prime contractors
with at least one active and approved NASA subcontracting plan;
(2) Prot[eacute]g[eacute]s, which are subcontractors to the
prime contractor. Prot[eacute]g[eacute]s must qualify as certified
small disadvantaged business concerns, women-owned small business
concerns, veteran-owned or service-disabled veteran-owned small
business concerns, HUBZone small business concerns, Historically
Black Colleges and Universities, minority institutions of higher
education, or active NASA SBIR Phase II companies meeting the
qualifications defined in FAR Part 2, Definitions of Parts and
Terms.
(3) Mentor-prot[eacute]g[eacute] agreements, endorsed by the
cognizant NASA centers and approved by the NASA Office of Small
Business Programs (OSBP);
(4) In contracts with award fee incentives, potential for
payment of an award fee for
[[Page 54345]]
voluntary participation and successful performance in the Mentor-
Prot[eacute]g[eacute] Program, in accordance with NFS 1819.7209.
(c) Mentor participation in the Program, described in NFS
1819.72, means providing technical, managerial and financial
assistance to aid prot[eacute]g[eacute]s in developing requisite
high-tech expertise and business systems to compete for and
successfully perform NASA contracts and subcontracts.
(d) Contractors interested in participating in the program are
encouraged to contact the NASA OSBP, Washington, DC 20546, (202)
358-2088, for further information.
(End of clause)
1852.219-79 Mentor requirements and evaluation.
As prescribed in 1819.7215, insert the following clause:
MENTOR REQUIREMENTS AND EVALUATION
(XX/XX)
(a) The purpose of the NASA Mentor-Prot[eacute]g[eacute] Program
is for a NASA prime contractor to provide developmental assistance
to certain subcontractors qualifying as prot[eacute]g[eacute]s.
Eligible prot[eacute]g[eacute]s include certified small
disadvantaged business concerns, women-owned small business
concerns, veteran-owned or service-disabled veteran-owned small
business concerns, HUBZone small business concerns, Historically
Black Colleges and Universities, minority institutions of higher
education, and active NASA SBIR Phase II companies meeting the
qualifications specified in defined in FAR Part 2, Definitions of
Parts and Terms.
(b) NASA will evaluate the contractor's performance on the
following factors. If this contract includes an award fee incentive,
this assessment will be accomplished as part of the fee evaluation
process.
(1) Specific actions taken by the contractor, during the
evaluation period, to increase the participation of
prot[eacute]g[eacute]s as subcontractors and suppliers;
(2) Specific actions taken by the contractor during this
evaluation period to develop the technical and corporate
administrative expertise of a prot[eacute]g[eacute] as defined in
the agreement;
(3) To what extent the mentor and prot[eacute]g[eacute] have met
the developmental milestones outlined in the agreement; and
(4) To what extent the entities participation in the Mentor-
Prot[eacute]g[eacute] Program resulted in the prot[eacute]g[eacute]
receiving competitive contract(s) and subcontract(s) from private
firms and agencies other than the mentor.
(c) Semiannual reports shall be submitted by the mentor and the
prot[eacute]g[eacute] to the cognizant NASA center and NASA
Headquarters Office of Small Business Programs (OSBP), following the
semiannual report template found on the Web site at https://
www.osbp.nasa.gov.
(d) The mentor will notify the cognizant NASA center and NASA
OSBP in writing, at least 30 days in advance of the mentor's intent
to voluntarily withdraw from the program or upon receipt of a
prot[eacute]g[eacute]'s notice to withdraw from the Program;
(e) At the end of each year in the Mentor-Prot[eacute]g[eacute]
Program, the mentor and prot[eacute]g[eacute], as appropriate, will
formally brief the NASA Mentor-Prot[eacute]g[eacute] program
manager, the technical program manager, and the contracting officer
during a formal program review regarding Program accomplishments, as
it pertains to the approved agreement.
(f) NASA may terminate mentor-prot[eacute]g[eacute] agreements
for good cause, thereby excluding mentors or prot[eacute]g[eacute]s
from participating in the NASA Mentor-Prot[eacute]g[eacute] program.
These actions shall be approved by the NASA OSBP. NASA shall
terminate an agreement by delivering to the contractor a letter
specifying the reason for termination and the effective date.
Termination of an agreement does not constitute a termination of the
subcontract between the mentor and the prot[eacute]g[eacute]. A plan
for accomplishing the subcontract effort should the agreement be
terminated shall be submitted with the agreement as required in NFS
1819.7211.
(End of clause)
[FR Doc. E8-21984 Filed 9-18-08; 8:45 am]
BILLING CODE 7510-01-P
