Acquisition Regulations in Fiscal Year 2009, 36487-36489 [E9-17584]
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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
[EPA–HQ–OPP–2009–0045; FRL–8425–2]
II. What Does this Correction Do?
Notice of Receipt of Several Pesticide
Petitions Filed for Residues of
Pesticide Chemicals in or on Various
Commodities; Correction
Environmental Protection
Agency (EPA).
ACTION: Notice; correction.
AGENCY:
EPA issued a notice in the
Federal Register of Wednesday, June 10,
2009 (74 FR 27538, FRL–8417–7),
concerning the notice of receipt of
several pesticide petitions filed for
residues of pesticide chemicals in or on
various commodities. This document is
being issued to correct the omission of
papaya at 1.5 ppm under the ‘‘New
Tolerance’’ section in number 5. PP
9F7537 (EPA–HQ–OPP–2009–0263).
FOR FURTHER INFORMATION CONTACT: Rita
Kumar, Registration Division, Mail Code
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–8291; e-mail address:
kumar.rita@epa.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
A. Does this Action Apply to Me?
The Agency included in the notice a
list of those who may be potentially
affected by this action. If you have
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
erowe on DSK5CLS3C1PROD with NOTICES
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2009–0263 Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
2. Electronic access. You may access
this Federal Register document
electronically through the EPA Internet
15:01 Jul 22, 2009
Jkt 217001
The meeting was held in the Board
Room of the FDIC Building located at
550 17th Street, NW., Washington, DC.
Dated: July 20, 2009.
Federal Deposit Insurance Corporation.
Valerie J. Best,
Assistant Executive Secretary.
[FR Doc. E9–17521 Filed 7–21–09; 11:15 am]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
List of Subjects
Office of the Secretary
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Acquisition Regulations in Fiscal Year
2009
Dated: July 10, 2009.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. E9–17548 Filed 7–22–09; 8:45 am]
BILLING CODE 6560–50–S
FEDERAL DEPOSIT INSURANCE
CORPORATION
Notice of Agency Meeting
I. General Information
VerDate Nov<24>2008
FR Doc. E9-13161 published in the
Federal Register of Wednesday, June 10,
2009 (Vol. 74, No. 110 FR 27540-27541)
(FRL–8417–7) is corrected as follows:
Beginning on page 27540, in the third
column, under 5. PP 9F7537. (EPA–HQ–
OPP–2009–0263), on page 27541, in the
16th line before ‘‘passionfruit’’ and after
‘‘mango,’’ add ‘‘papaya at 1.5 ppm’’ to
list of commodities on page 27541.
36487
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
at 10:02 a.m. on Monday, July 20, 2009,
the Board of Directors of the Federal
Deposit Insurance Corporation met in
closed session to consider matters
related to the Corporation’s corporate,
supervisory, and resolution activities.
In calling the meeting, the Board
determined, on motion of Vice
Chairman Martin J. Gruenberg,
seconded by Director Thomas J. Curry
(Appointive), concurred in by Director
John C. Dugan (Comptroller of the
Currency), Director John E. Bowman
(Acting Director, Office of Thrift
Supervision), and Chairman Sheila C.
Bair, that Corporation business required
its consideration of the matters which
were to be the subject of this meeting on
less than seven days’ notice to the
public; that no earlier notice of the
meeting was practicable; that the public
interest did not require consideration of
the matters in a meeting open to public
observation; and that the matters could
be considered in a closed meeting by
authority of subsections (c)(4), (c)(6),
(c)(8), (c)(9)(A)(ii), and (c)(9)(B) of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b(c)(4), (c)(6), (c)(8),
(c)(9)(A)(ii), and (c)(9)(B)).
PO 00000
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Sfmt 4703
AGENCY: Department of Health and
Human Services (HHS).
ACTION: Notice.
SUMMARY: The Department of Health and
Human Services (HHS) is interested in
encouraging HHS prime contractors to
assist small businesses, small
disadvantaged businesses, HUBZone
businesses, veteran-owned businesses,
service-disabled veteran-owned
businesses, and woman-owned
businesses, in enhancing their
capabilities to perform contracts and
subcontracts for HHS and other Federal
agencies. The program seeks to provide
´ ´
a Mentor-Protege Program that assists
qualified small businesses to receive
development assistance from HHS
prime contractors in order to increase
the base of small business eligible to
perform HHS contracts and
subcontracts.
DATES: The Department of Health and
Human Services (HHS) is proposing to
amend its acquisition regulations in
Fiscal Year 2009. Due dates for written
comments on the proposed rulemaking
will be published at that time. The
intent of this notice is to publicize the
´ ´
HHS’ proposed mentor-protege program,
specific solicitation and contract
guidance will be included in the
proposed rulemaking.
To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on August 24, 2009.
ADDRESSES: In commenting, please refer
´ ´
to the HHS Mentor-Protege Program.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. By facsimile (FAX) transmission.
You may submit FAX comments on this
notice to (202) 260–4872.
2. Electronically. You may submit
electronic comments on this notice to
sbmail@hhs.gov.
E:\FR\FM\23JYN1.SGM
23JYN1
erowe on DSK5CLS3C1PROD with NOTICES
36488
Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Department of
Health and Human Services, Office of
Small and Disadvantaged Business
Utilization, 200 Independence Ave,
SW., Hubert H. Humphrey Building,
Room 360G, Washington, DC 20201.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
4. By regular mail. You may send
written comments to the following
address only: Department of Health and
Human Services, Office of Small and
Disadvantaged Business Utilization, 200
Independence Ave, SW., Hubert H.
Humphrey Building, Room 360G,
Washington, DC 20201. Please allow
sufficient time for mailed comments to
be received before the close of the
comment period.
FOR FURTHER INFORMATION CONTACT:
Nelia K. Holder, Office of Small and
Disadvantaged Business Utilization,
telephone (202) 690–6286, e-mail:
Nelia.Holder@hhs.gov.
SUPPLEMENTARY INFORMATION:
On September 15, 2008, the Office of
Small and Disadvantaged Business
Utilization (OSDBU) commissioned an
´ ´
assessment of existing Mentor-Protege
programs and the feasibility of such a
program for HHS. The assessment
concluded that opportunities exist in
such programs to actually encourage
meaningful and successful business
development between Mentors and
´ ´
´ ´
Proteges. Mentor-Protege arrangements
represent opportunities for creating
access for small business, small
disadvantaged business, veteran-owned
small business, service-disabled
veteran-owned small business,
HUBZone small business, and womanowned small business to HHS contracts
and awards. The OSDBU believes that
´ ´
Mentor-Protege programs will afford
small and disadvantaged business
opportunities to develop their capacity
and competencies. Review and analysis
´ ´
of existing Mentor-Protege programs in
the public sector conclude that they are
effective against the problems related to
small business and minority subcontracting.
This program is similar to those
established by other federal agencies
such as the Department of Homeland
Security and Department of Treasury.
An assessment of best practices in
´ ´
Mentor-Protege programs identified
certain clear benefits for all parties
involved. A successful Program may
enable HHS to receive a lower price
offer from less expensive Mentor´ ´
Protege teams. HHS acknowledges that
´ ´
a structured Mentor-Protege program
VerDate Nov<24>2008
15:01 Jul 22, 2009
Jkt 217001
provides an opportunity for dual
benefits where small and disadvantaged
businesses are developed to become
prime contractors and technically
capable sub-contractors. More
importantly, the Program provides a
degree of confidence to Program Officers
that the Mentor firm stands behind the
´ ´
work of the Protege firm. Therefore,
risks associated with the performance of
the small and disadvantaged businesses
are mitigated.
Dated: July 17, 2009.
Debbie Ridgely,
Director, OSDBU, ASAM/OS.
1.0
´ ´
The HHS Mentor-Protege Program
1.1 Scope
´ ´
The HHS mentor-protege program is
designed to motivate and encourage large
business prime contractor firms to provide
mutually beneficial developmental assistance
to small business, veteran-owned small
business, service-disabled veteran-owned
small business, HUBZone small business,
small disadvantaged business, and womanowned small business concerns. The program
is also designed to improve the performance
of HHS contracts and subcontracts, foster the
establishment of long-term business
relationships between HHS large prime
contractors and small business
subcontractors, and strengthen
subcontracting opportunities and
accomplishments at HHS.
1.2 Definitions
(a) MENTOR, as used in the Mentor´ ´
Protege Program, means a large business
concern that demonstrates the commitment
and capability to assist in the development
´ ´
of a small business protege.
´ ´
(b) PROTEGE, as used in the Mentor´ ´
Protege Program, means a small business
concern that is independently owned and
operated, not dominant in its field, and meets
federal size standards in its primary NAICS
code. This includes small business, veteranowned small business, service-disabled
veteran-owned small business, HUBZone
small business, small disadvantaged
business, and woman-owned small business
concerns.
1.3 Non-Affiliation
For the purpose of qualifying as a small
´ ´
business as defined in Section 1.2, a protege
firm may not be considered an affiliate of a
mentor firm solely on the basis that the
´ ´
protege firm is receiving developmental
assistance from the mentor firm under this
program.
1.4 General Policy
(a) Eligible large businesses (not included
on the ‘‘Debarred’’ list) approved as mentor
firms will enter into agreements with eligible
´ ´
entities as defined in Section 1.2 as proteges.
Mentors will provide appropriate
developmental assistance to enhance the
´ ´
capabilities of proteges to perform as prime
contractors and/or subcontractors.
´ ´
(b) Mentor-Protege activity will be
available to any type of contract deemed
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appropriate by HHS when the requirement
for a subcontracting plan is anticipated.
1.5 Incentives for Mentor Participation
(a) Mentors may receive additional
´ ´
evaluation points (for Mentor-Protege
Program participation) toward the award of
contracts during the evaluation of
competitive offers.
(b) Mentors may receive credit toward
attaining subcontracting goals contained in
the HHS subcontracting plan(s) for Mentor´ ´
Protege participation on a dollar by dollar
´ ´
basis by counting protege developmental
assistance costs in their various small
business subcontracting categories, as
appropriate, in addition to traditional
subcontracts.
(c) Mentors will be eligible for an annual
non-monetary award presented to the mentor
firm providing the most effective
´ ´
developmental support to a protege at the
´ ´
conclusion of the 36-month Mentor-Protege
Agreement. The OSDBU, in consultation
with senior HHS management, will solicit
nominations from participating mentors and
determine the award winner.
1.6 Measurement of Program Success
The overall success of the HHS Mentor´ ´
Protege program, encompassing all
´ ´
participating mentors and proteges will be
measured by the extent to which it results in:
(a) An increase in the quality of the
´ ´
technical capabilities of the protege firm.
(b) An increase in the number and dollar
value of contract and subcontract awards to
´ ´
protege firms since the time of their entry
into the program attributable to the mentor´ ´
protege relationship (under HHS contracts,
contracts awarded by other Federal agencies
and under commercial contracts).
1.7 Mentor Firms
(a) Large firms eligible for receipt of federal
contracts may apply.
(b) Mentors will be encouraged to identify
and select:
(1) A broad base of small business firms
whose core competencies support the HHS
mission; and
´ ´
(2) Proteges in addition to firms with
whom they have established business
relationships.
´ ´
(c) Mentors may have multiple proteges.
´ ´
Mentors participating in the Mentor-Protege
programs in addition to the HHS program
should maintain a system for preparing
separate reports of mentoring activity for
each agency’s program.
´ ´
1.8 Protege Firms
´ ´
(a) For selection as a protege, a firm must
be:
(1) Eligible as defined in Section 1.2 and
(2) Eligible for receipt of government
contracts.
´ ´
(b) A protege firm may declare to a mentor
firm that it meets the requirements set forth
in paragraph (a) of this section. Mentor firms
may rely in good faith on written business
declarations consistent with the guidance
´ ´
cited in FAR 52.219–1 by potential proteges
as evidence of eligibility to participate.
´ ´
(c) The protege may not have more than
´ ´
one mentor at a time. However, proteges
´ ´
participating in Mentor-Protege programs in
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Federal Register / Vol. 74, No. 140 / Thursday, July 23, 2009 / Notices
(11) Other terms and conditions as
appropriate;
(12) Signed agreement with signatures and
dates.
´ ´
1.9 Selection of Protege Firms
(a) Mentor firms will be solely responsible
´ ´
for selecting protege firms. The mentor is
encouraged to identify and select the types of
´ ´
protege firms listed in Section 1.8.
´ ´
(b) The selection of protege firms by
mentor firms may not be protested, except as
in paragraph (c) of this section.
(c) Any dispute regarding the size or
eligibility status of an entity selected by a
´ ´
mentor to be a protege shall be referred to the
HHS OSDBU for referral to SBA for
resolution.
erowe on DSK5CLS3C1PROD with NOTICES
addition to the HHS program should
maintain a system for preparing separate
reports of mentoring activity for each
agency’s program.
1.11 HHS Review and Approval of Mentor´ ´
Protege Application and Agreement
1.10 Application and Agreement Process
´ ´
for Mentor-Protege Teams To Participate in
the Program
(a) Firms interested in becoming approved
´ ´
mentor-protege participants must submit a
´ ´
joint written HHS Mentor-Protege Agreement
to the OSDBU for review and approval. The
´ ´
Mentor-Protege Agreement will be evaluated
on the extent to which the mentor firm plans
to provide developmental assistance. The
information required in Section 1.10 (b) may
be submitted electronically or in hard copy
to be considered for approval of the Mentor´ ´
Protege Agreement.
´ ´
(b) The Mentor-Protege Agreement must
contain:
(1) Name and address of mentor and
´ ´
protege firm and a point of contact within
both firms who will oversee the agreement;
´ ´
(2) A statement from the protege
representing that the firm is currently eligible
as a small business to participate in the
´ ´
Mentor-Protege program;
(3) A description of the type of
developmental program that will be provided
´ ´
by the mentor firm to the protege firm, to
include a description of the subcontract
work;
(4) A schedule with milestones for
providing assistance;
´ ´
(5) Criteria for evaluation of the protege’s
developmental success to measure the
effectiveness of the capabilities and how the
mentor’s assistance will potentially increase
contracting and subcontracting opportunities
´ ´
for the protege firm;
(6) An estimate of the total cost provided
´ ´
to the protege by the mentor;
(7) Program participation term of 36
months with a mid-term review at the 18
month interval;
(8) A listing of the anticipated number and
types of subcontracts to be awarded to the
´ ´
protege firm;
(9) Termination procedures including
procedures for the mentor firm to notify the
´ ´
protege firm, OSDBU, and the contracting
officer, in writing, at least 30 days in advance
of the mentor firm’s intent to voluntarily
withdraw from the program; and the
´ ´
procedures for a protege firm to notify the
mentor firm in writing at least 30 days in
´ ´
advance of the protege firm’s intent to
´ ´
voluntarily terminate the Mentor-Protege
Agreement;
(10) Plan for accomplishing work should
the agreement be terminated;
VerDate Nov<24>2008
15:01 Jul 22, 2009
Jkt 217001
(a) The information specified in Section
1.10 is reviewed by the HHS OSDBU. This
review will be completed no later than 45
days after receipt by the OSDBU, and written
´ ´
approval of the Mentor-Protege Agreement
will be provided to each party.
(b) Upon agreement approval, the mentor
may implement the development assistance
program.
(c) If the application is disapproved, the
´ ´
mentor-protege team may provide additional
information for reconsideration. The review
of any supplemental material will be
completed within 30 days after receipt by the
OSDBU.
1.12
Developmental Assistance
The forms of developmental assistance a
´ ´
mentor firm can provide to a protege firm
include:
(a) Management guidance related to—
(1) Financial management
(2) Organizational management
(3) Overall business management/planning
(4) Business development
(b) Technical assistance
(c) Rent-free use of facilities and/or
equipment
(d) Temporary assignment of personnel to
´ ´
the protege firm for the purpose of training
(e) Property
(f) Loans
(g) Any other types of mutually beneficial
assistance.
1.13 Obligation
´ ´
(a) Mentor or protege firms may voluntarily
withdraw from the program as mutually
´ ´
agreed to by both the mentor and protege
firms. However, in no event shall such
withdrawal impact the program mission and
contract requirements under the prime
contract.
´ ´
(b) Mentor and protege firms shall submit
a ‘‘lessons learned’’ evaluation to the HHS
OSDBU at the conclusion of their effort.
1.14 Internal Controls
The HHS OSDBU, in conjunction with the
HHS small business specialists, will manage
the program. Internal controls will be
established by the HHS OSDBU to achieve
the stated program objectives (by serving as
checks and balances against undesired
actions or consequences) such as:
(a) Reviewing and evaluating mentor
applications for realism, validity, and
accuracy of information provided;
(b) Conducting a mid-term evaluation at an
18-month interval (out of a 36-month
´ ´
agreement) to measure protege progress
against the developmental plan contained in
the approved agreement; and
(c) Site visits, as appropriate, where
´ ´
Mentor-Protege activity is on-going.
1.15 Reports
A written progress report shall be
´ ´
submitted by the mentor-protege team to the
PO 00000
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Fmt 4703
Sfmt 4703
36489
HHS OSDBU at the mid-term (18 months) of
´ ´
the 36-month Mentor-Protege Agreement.
1.16 Program Review
(a) At the conclusion of the mid-term 18´ ´
month period of the Mentor-Protege Program
(out of a 36-month agreement), the mentor/
´ ´
large prime contractor and protege/small
business shall formally brief the HHS OSDBU
regarding program accomplishments as
pertains to the approved agreement.
´ ´
(b) Mentor and protege firms shall submit
a ‘‘lessons-learned’’ evaluation to the HHS
OSDBU at the conclusion of their effort.
[FR Doc. E9–17584 Filed 7–22–09; 8:45 am]
BILLING CODE 4151–17–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
Periodically, the Health Resources
and Services Administration (HRSA)
publishes abstracts of information
collection requests under review by the
Office of Management and Budget
(OMB), in compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). To request a copy of
the clearance requests submitted to
OMB for review, e-mail
paperwork@hrsa.gov or call the HRSA
Reports Clearance Office on (301) 443–
1129.
The following request has been
submitted to the Office of Management
and Budget for review under the
Paperwork Reduction Act of 1995:
Proposed Project: The Health Education
Assistance Loan (HEAL) Program:
Forms (OMB No. 0915–0034 Extension)
The HEAL program provided
federally insured loans to assure the
availability of funds for loans to eligible
students to pay for their education costs.
In order to administer and monitor the
HEAL program the following forms are
utilized: The Lenders Application for
Contract of Federal Loan Insurance form
(used by lenders to make application to
the HEAL insurance program); the
Borrower’s Deferment Request form
(used by borrowers to request
deferments on HEAL loans and used by
lenders to determine borrower’s
eligibility for deferment); the Borrower
Loan Status update electronic
submission (submitted monthly by
lenders to the Secretary on the status of
each loan); and the Loan Purchase/
Consolidation electronic submission
(submitted by lenders to the Secretary to
E:\FR\FM\23JYN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Pages 36487-36489]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17584]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Acquisition Regulations in Fiscal Year 2009
AGENCY: Department of Health and Human Services (HHS).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services (HHS) is
interested in encouraging HHS prime contractors to assist small
businesses, small disadvantaged businesses, HUBZone businesses,
veteran-owned businesses, service-disabled veteran-owned businesses,
and woman-owned businesses, in enhancing their capabilities to perform
contracts and subcontracts for HHS and other Federal agencies. The
program seeks to provide a Mentor-Prot[eacute]g[eacute] Program that
assists qualified small businesses to receive development assistance
from HHS prime contractors in order to increase the base of small
business eligible to perform HHS contracts and subcontracts.
DATES: The Department of Health and Human Services (HHS) is proposing
to amend its acquisition regulations in Fiscal Year 2009. Due dates for
written comments on the proposed rulemaking will be published at that
time. The intent of this notice is to publicize the HHS' proposed
mentor-prot[eacute]g[eacute] program, specific solicitation and
contract guidance will be included in the proposed rulemaking.
To be assured consideration, comments must be received at one of
the addresses provided below, no later than 5 p.m. on August 24, 2009.
ADDRESSES: In commenting, please refer to the HHS Mentor-
Prot[eacute]g[eacute] Program. You may submit comments in one of four
ways (please choose only one of the ways listed):
1. By facsimile (FAX) transmission. You may submit FAX comments on
this notice to (202) 260-4872.
2. Electronically. You may submit electronic comments on this
notice to sbmail@hhs.gov.
[[Page 36488]]
3. By express or overnight mail. You may send written comments to
the following address ONLY: Department of Health and Human Services,
Office of Small and Disadvantaged Business Utilization, 200
Independence Ave, SW., Hubert H. Humphrey Building, Room 360G,
Washington, DC 20201.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
4. By regular mail. You may send written comments to the following
address only: Department of Health and Human Services, Office of Small
and Disadvantaged Business Utilization, 200 Independence Ave, SW.,
Hubert H. Humphrey Building, Room 360G, Washington, DC 20201. Please
allow sufficient time for mailed comments to be received before the
close of the comment period.
FOR FURTHER INFORMATION CONTACT: Nelia K. Holder, Office of Small and
Disadvantaged Business Utilization, telephone (202) 690-6286, e-mail:
Nelia.Holder@hhs.gov.
SUPPLEMENTARY INFORMATION:
On September 15, 2008, the Office of Small and Disadvantaged
Business Utilization (OSDBU) commissioned an assessment of existing
Mentor-Prot[eacute]g[eacute] programs and the feasibility of such a
program for HHS. The assessment concluded that opportunities exist in
such programs to actually encourage meaningful and successful business
development between Mentors and Prot[eacute]g[eacute]s. Mentor-
Prot[eacute]g[eacute] arrangements represent opportunities for creating
access for small business, small disadvantaged business, veteran-owned
small business, service-disabled veteran-owned small business, HUBZone
small business, and woman-owned small business to HHS contracts and
awards. The OSDBU believes that Mentor-Prot[eacute]g[eacute] programs
will afford small and disadvantaged business opportunities to develop
their capacity and competencies. Review and analysis of existing
Mentor-Prot[eacute]g[eacute] programs in the public sector conclude
that they are effective against the problems related to small business
and minority sub-contracting.
This program is similar to those established by other federal
agencies such as the Department of Homeland Security and Department of
Treasury. An assessment of best practices in Mentor-
Prot[eacute]g[eacute] programs identified certain clear benefits for
all parties involved. A successful Program may enable HHS to receive a
lower price offer from less expensive Mentor-Prot[eacute]g[eacute]
teams. HHS acknowledges that a structured Mentor-Prot[eacute]g[eacute]
program provides an opportunity for dual benefits where small and
disadvantaged businesses are developed to become prime contractors and
technically capable sub-contractors. More importantly, the Program
provides a degree of confidence to Program Officers that the Mentor
firm stands behind the work of the Prot[eacute]g[eacute] firm.
Therefore, risks associated with the performance of the small and
disadvantaged businesses are mitigated.
Dated: July 17, 2009.
Debbie Ridgely,
Director, OSDBU, ASAM/OS.
1.0 The HHS Mentor-Prot[eacute]g[eacute] Program
1.1 Scope
The HHS mentor-prot[eacute]g[eacute] program is designed to
motivate and encourage large business prime contractor firms to
provide mutually beneficial developmental assistance to small
business, veteran-owned small business, service-disabled veteran-
owned small business, HUBZone small business, small disadvantaged
business, and woman-owned small business concerns. The program is
also designed to improve the performance of HHS contracts and
subcontracts, foster the establishment of long-term business
relationships between HHS large prime contractors and small business
subcontractors, and strengthen subcontracting opportunities and
accomplishments at HHS.
1.2 Definitions
(a) MENTOR, as used in the Mentor-Prot[eacute]g[eacute] Program,
means a large business concern that demonstrates the commitment and
capability to assist in the development of a small business
prot[eacute]g[eacute].
(b) PROT[Eacute]G[Eacute], as used in the Mentor-
Prot[eacute]g[eacute] Program, means a small business concern that
is independently owned and operated, not dominant in its field, and
meets federal size standards in its primary NAICS code. This
includes small business, veteran-owned small business, service-
disabled veteran-owned small business, HUBZone small business, small
disadvantaged business, and woman-owned small business concerns.
1.3 Non-Affiliation
For the purpose of qualifying as a small business as defined in
Section 1.2, a prot[eacute]g[eacute] firm may not be considered an
affiliate of a mentor firm solely on the basis that the
prot[eacute]g[eacute] firm is receiving developmental assistance
from the mentor firm under this program.
1.4 General Policy
(a) Eligible large businesses (not included on the ``Debarred''
list) approved as mentor firms will enter into agreements with
eligible entities as defined in Section 1.2 as
prot[eacute]g[eacute]s. Mentors will provide appropriate
developmental assistance to enhance the capabilities of
prot[eacute]g[eacute]s to perform as prime contractors and/or
subcontractors.
(b) Mentor-Prot[eacute]g[eacute] activity will be available to
any type of contract deemed appropriate by HHS when the requirement
for a subcontracting plan is anticipated.
1.5 Incentives for Mentor Participation
(a) Mentors may receive additional evaluation points (for
Mentor-Prot[eacute]g[eacute] Program participation) toward the award
of contracts during the evaluation of competitive offers.
(b) Mentors may receive credit toward attaining subcontracting
goals contained in the HHS subcontracting plan(s) for Mentor-
Prot[eacute]g[eacute] participation on a dollar by dollar basis by
counting prot[eacute]g[eacute] developmental assistance costs in
their various small business subcontracting categories, as
appropriate, in addition to traditional subcontracts.
(c) Mentors will be eligible for an annual non-monetary award
presented to the mentor firm providing the most effective
developmental support to a prot[eacute]g[eacute] at the conclusion
of the 36-month Mentor-Prot[eacute]g[eacute] Agreement. The OSDBU,
in consultation with senior HHS management, will solicit nominations
from participating mentors and determine the award winner.
1.6 Measurement of Program Success
The overall success of the HHS Mentor-Prot[eacute]g[eacute]
program, encompassing all participating mentors and
prot[eacute]g[eacute]s will be measured by the extent to which it
results in:
(a) An increase in the quality of the technical capabilities of
the prot[eacute]g[eacute] firm.
(b) An increase in the number and dollar value of contract and
subcontract awards to prot[eacute]g[eacute] firms since the time of
their entry into the program attributable to the mentor-
prot[eacute]g[eacute] relationship (under HHS contracts, contracts
awarded by other Federal agencies and under commercial contracts).
1.7 Mentor Firms
(a) Large firms eligible for receipt of federal contracts may
apply.
(b) Mentors will be encouraged to identify and select:
(1) A broad base of small business firms whose core competencies
support the HHS mission; and
(2) Prot[eacute]g[eacute]s in addition to firms with whom they
have established business relationships.
(c) Mentors may have multiple prot[eacute]g[eacute]s. Mentors
participating in the Mentor-Prot[eacute]g[eacute] programs in
addition to the HHS program should maintain a system for preparing
separate reports of mentoring activity for each agency's program.
1.8 Prot[eacute]g[eacute] Firms
(a) For selection as a prot[eacute]g[eacute], a firm must be:
(1) Eligible as defined in Section 1.2 and
(2) Eligible for receipt of government contracts.
(b) A prot[eacute]g[eacute] firm may declare to a mentor firm
that it meets the requirements set forth in paragraph (a) of this
section. Mentor firms may rely in good faith on written business
declarations consistent with the guidance cited in FAR 52.219-1 by
potential prot[eacute]g[eacute]s as evidence of eligibility to
participate.
(c) The prot[eacute]g[eacute] may not have more than one mentor
at a time. However, prot[eacute]g[eacute]s participating in Mentor-
Prot[eacute]g[eacute] programs in
[[Page 36489]]
addition to the HHS program should maintain a system for preparing
separate reports of mentoring activity for each agency's program.
1.9 Selection of Prot[eacute]g[eacute] Firms
(a) Mentor firms will be solely responsible for selecting
prot[eacute]g[eacute] firms. The mentor is encouraged to identify
and select the types of prot[eacute]g[eacute] firms listed in
Section 1.8.
(b) The selection of prot[eacute]g[eacute] firms by mentor firms
may not be protested, except as in paragraph (c) of this section.
(c) Any dispute regarding the size or eligibility status of an
entity selected by a mentor to be a prot[eacute]g[eacute] shall be
referred to the HHS OSDBU for referral to SBA for resolution.
1.10 Application and Agreement Process for Mentor-
Prot[eacute]g[eacute] Teams To Participate in the Program
(a) Firms interested in becoming approved mentor-
prot[eacute]g[eacute] participants must submit a joint written HHS
Mentor-Prot[eacute]g[eacute] Agreement to the OSDBU for review and
approval. The Mentor-Prot[eacute]g[eacute] Agreement will be
evaluated on the extent to which the mentor firm plans to provide
developmental assistance. The information required in Section 1.10
(b) may be submitted electronically or in hard copy to be considered
for approval of the Mentor-Prot[eacute]g[eacute] Agreement.
(b) The Mentor-Prot[eacute]g[eacute] Agreement must contain:
(1) Name and address of mentor and prot[eacute]g[eacute] firm
and a point of contact within both firms who will oversee the
agreement;
(2) A statement from the prot[eacute]g[eacute] representing that
the firm is currently eligible as a small business to participate in
the Mentor-Prot[eacute]g[eacute] program;
(3) A description of the type of developmental program that will
be provided by the mentor firm to the prot[eacute]g[eacute] firm, to
include a description of the subcontract work;
(4) A schedule with milestones for providing assistance;
(5) Criteria for evaluation of the prot[eacute]g[eacute]'s
developmental success to measure the effectiveness of the
capabilities and how the mentor's assistance will potentially
increase contracting and subcontracting opportunities for the
prot[eacute]g[eacute] firm;
(6) An estimate of the total cost provided to the
prot[eacute]g[eacute] by the mentor;
(7) Program participation term of 36 months with a mid-term
review at the 18 month interval;
(8) A listing of the anticipated number and types of
subcontracts to be awarded to the prot[eacute]g[eacute] firm;
(9) Termination procedures including procedures for the mentor
firm to notify the prot[eacute]g[eacute] firm, OSDBU, and the
contracting officer, in writing, at least 30 days in advance of the
mentor firm's intent to voluntarily withdraw from the program; and
the procedures for a prot[eacute]g[eacute] firm to notify the mentor
firm in writing at least 30 days in advance of the
prot[eacute]g[eacute] firm's intent to voluntarily terminate the
Mentor-Prot[eacute]g[eacute] Agreement;
(10) Plan for accomplishing work should the agreement be
terminated;
(11) Other terms and conditions as appropriate;
(12) Signed agreement with signatures and dates.
1.11 HHS Review and Approval of Mentor-Prot[eacute]g[eacute]
Application and Agreement
(a) The information specified in Section 1.10 is reviewed by the
HHS OSDBU. This review will be completed no later than 45 days after
receipt by the OSDBU, and written approval of the Mentor-
Prot[eacute]g[eacute] Agreement will be provided to each party.
(b) Upon agreement approval, the mentor may implement the
development assistance program.
(c) If the application is disapproved, the mentor-
prot[eacute]g[eacute] team may provide additional information for
reconsideration. The review of any supplemental material will be
completed within 30 days after receipt by the OSDBU.
1.12 Developmental Assistance
The forms of developmental assistance a mentor firm can provide
to a prot[eacute]g[eacute] firm include:
(a) Management guidance related to--
(1) Financial management
(2) Organizational management
(3) Overall business management/planning
(4) Business development
(b) Technical assistance
(c) Rent-free use of facilities and/or equipment
(d) Temporary assignment of personnel to the
prot[eacute]g[eacute] firm for the purpose of training
(e) Property
(f) Loans
(g) Any other types of mutually beneficial assistance.
1.13 Obligation
(a) Mentor or prot[eacute]g[eacute] firms may voluntarily
withdraw from the program as mutually agreed to by both the mentor
and prot[eacute]g[eacute] firms. However, in no event shall such
withdrawal impact the program mission and contract requirements
under the prime contract.
(b) Mentor and prot[eacute]g[eacute] firms shall submit a
``lessons learned'' evaluation to the HHS OSDBU at the conclusion of
their effort.
1.14 Internal Controls
The HHS OSDBU, in conjunction with the HHS small business
specialists, will manage the program. Internal controls will be
established by the HHS OSDBU to achieve the stated program
objectives (by serving as checks and balances against undesired
actions or consequences) such as:
(a) Reviewing and evaluating mentor applications for realism,
validity, and accuracy of information provided;
(b) Conducting a mid-term evaluation at an 18-month interval
(out of a 36-month agreement) to measure prot[eacute]g[eacute]
progress against the developmental plan contained in the approved
agreement; and
(c) Site visits, as appropriate, where Mentor-
Prot[eacute]g[eacute] activity is on-going.
1.15 Reports
A written progress report shall be submitted by the mentor-
prot[eacute]g[eacute] team to the HHS OSDBU at the mid-term (18
months) of the 36-month Mentor-Prot[eacute]g[eacute] Agreement.
1.16 Program Review
(a) At the conclusion of the mid-term 18-month period of the
Mentor-Prot[eacute]g[eacute] Program (out of a 36-month agreement),
the mentor/large prime contractor and prot[eacute]g[eacute]/small
business shall formally brief the HHS OSDBU regarding program
accomplishments as pertains to the approved agreement.
(b) Mentor and prot[eacute]g[eacute] firms shall submit a
``lessons-learned'' evaluation to the HHS OSDBU at the conclusion of
their effort.
[FR Doc. E9-17584 Filed 7-22-09; 8:45 am]
BILLING CODE 4151-17-P
