Defense Federal Acquisition Regulation Supplement: Mentor-Protege Program Modifications (DFARS Case 2017-D016), 54677-54679 [2018-23673]
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Rules and Regulations
54677
Task Force to review and validate DoD
regulations, including the DFARS. A
public notice of the establishment of the
DFARS Subgroup to the DoD Regulatory
Reform Task Force, for the purpose of
reviewing DFARS provisions and
clauses, was published in the Federal
Register at 82 FR 35741 on August 1,
2017, and requested public input. The
following public comment was received
on this clause:
Comment: The respondent states that
the clause is ineffective, because a
contractor who has already been
awarded a contract may have a vested
interest in preserving the contract, as
awarded, and may not be the best source
for innovation. Instead, the respondent
suggests that targeted surveys sent to
both successful and unsuccessful
offerors after award may be more
effective than a mandatory clause for a
single awardee.
Response: DoD will continue to
encourage industry participation during
the design and development of contract
requirements and through other
methods.
The DoD Task Force reviewed the
requirements of DFARS clause 252.211–
7000, Acquisition Streamlining, and
determined that the DFARS coverage
was unnecessary and recommended
removal.
contractors or offerors. This final rule is
not required to be published for public
comment, because DoD is not issuing a
new regulation; rather, this rule merely
removes an obsolete requirement from
the DFARS.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only removes obsolete
DFARS clause 252.211–7000,
Acquisition Streamlining. Therefore, the
rule does not impose any new
requirements on contracts at or below
the simplified acquisition threshold and
for commercial items, including
commercially available off-the-shelf
items.
This rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
Defense Federal Acquisition
Regulation Supplement: MentorProtege Program Modifications
(DFARS Case 2017–D016)
VI. Regulatory Flexibility Act
AGENCY:
III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is the Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
VerDate Sep<11>2014
16:24 Oct 30, 2018
Jkt 247001
IV. Executive Orders 12866 and 13563
E.O. 12866, Regulatory Planning and
Review, and E.O. 13563, Improving
Regulation and Regulatory Review,
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget, Office of Information and
Regulatory Affairs, has determined that
this is not a significant regulatory action
as defined under section 3(f) of E.O.
12866 and, therefore, was not subject to
review under section 6(b). This rule is
not a major rule as defined at 5 U.S.C.
804(2).
V. Executive Order 13771
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section III. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 211 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 211 and 252
are amended as follows:
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
1. The authority citation for 48 CFR
parts 211 and 252 continues to read as
follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
211.002–70
■
[Removed]
2. Remove section 211.002–70.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.211–7000
[Removed and Reserved]
3. Remove and reserve section
252.211–7000.
■
[FR Doc. 2018–23678 Filed 10–30–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 219 and Appendix I to
Chapter 2
[Docket DARS–2018–0019]
RIN 0750–AJ25
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement sections of the
National Defense Authorization Act for
Fiscal Year 2017 that provide
modifications to the DoD Pilot MentorProte´ge´ Program.
DATES: Effective October 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, telephone 571–
372–6100.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 19677 on May
4, 2018, to implement section 1823 and
paragraph (b) of section 1813 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2017.
Sections 1823 and 1813 provide
modifications to the DoD Pilot MentorProte´ge´ Program (‘‘the Program’’).
Section 1823 revises the definition and
E:\FR\FM\31OCR1.SGM
31OCR1
54678
Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Rules and Regulations
requirements associated with affiliation
between mentor firms and their prote´ge´
firms. Both sections add new types of
assistance for mentor firms to provide to
their prote´ge´ firms.
II. Discussion and Analysis
One respondent submitted a public
comment in response to the proposed
rule. DoD reviewed the public comment
in the development of the final rule.
A. Summary of Significant Changes
From the Proposed Rule
There are no changes made to the
final rule as a result of the public
comment.
B. Analysis of Public Comments
Comment: The respondent
recommended a change to the proposed
text in Appendix I, section I–107,
paragraph (h). Specifically, the
respondent proposed limiting the
assistance to be provided by the mentor
firm regarding Federal contract
regulations to ‘‘guidance in obtaining
training to enable understanding
Federal contract regulations’’ instead of
‘‘assistance the mentor will provide to
the prote´ge´ firm in understanding
Federal contract regulations’’ as stated
in the proposed rule. The rationale was
that the text in the proposed rule could
potentially expose the mentor firm to
liability when inevitable
misunderstandings occur due to the
complexity of the regulations.
Response: In drafting the text of I–107
paragraph (h), DoD used language that
was very close to the text of section
1813 of the NDAA for FY 2017. The
statutory language and, consequently,
the draft DFARS text add to the mentorprote´ge´ agreement an element in which
the mentor will identify the assistance
it will provide to the prote´ge´ in an effort
to facilitate the prote´ge´’s understanding
of Federal contract regulations. Such
assistance could include guidance in
obtaining training on the regulations,
but it also could include other forms of
assistance.
amozie on DSK3GDR082PROD with RULES
C. Other Changes
The final rule includes a minor
editorial change. In section I–111,
paragraph (e) is revised to update the
reference to renumbered paragraphs in
I–107.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This final rule does not add any new
provisions or clauses or impact any
existing provisions or clauses.
VerDate Sep<11>2014
16:24 Oct 30, 2018
Jkt 247001
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 219 and
Appendix I to Chapter 2
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 219 and
appendix I to chapter 2 are amended as
follows:
■ 1. The authority citation for 48 CFR
part 219 and appendix I to chapter 2
continues to read as follows:
V. Executive Order 13771
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
This rule is not subject to E.O. 13771,
because this rule is not a significant
regulatory action under E.O. 12866.
PART 219—SMALL BUSINESS
PROGRAMS
VI. Regulatory Flexibility Act
Frm 00016
Fmt 4700
Sfmt 4700
[Amended]
2. Amend section 219.7100 by
removing ‘‘November 25, 2015’’ and
adding ‘‘December 23, 2016’’ in its
place.
■ 3. Amend appendix I to chapter 2 as
follows:
■ a. In section I–101 by—
■ i. Redesignating sections I–101.1
through I–101.6 as sections I–101.2
through I–101.7, respectively; and
■ ii. Adding new section I–101.1.
■ b. In section I–102 by—
■ i. Redesignating paragraphs (e) and (f)
as paragraphs (f) and (g), respectively;
■ ii. Adding new paragraph (e); and
■ iii. In newly redesignated paragraph
(f), removing ‘‘Subpart 9.4’’ and adding
‘‘subpart 9.4’’ in its place.
■ c. In section I–106 by adding
paragraph (d)(6)(v).
■ d. In section I–107 by—
■ i. Redesignating paragraphs (h)
through (o) as paragraphs (i) through (p),
respectively; and
■ ii. Adding new paragraph (h).
■ e. Amending section I–111 by
removing ‘‘I–107(k) through (m)’’ from
paragraph (e) and adding ‘‘I–107(l)
through (n)’’ in its place.
The additions read as follows:
■
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This final rule is necessary to
implement statutory modifications to
the DoD Pilot Mentor-Prote´ge´ Program
(‘‘the Program’’). This rule amends the
Defense Federal Acquisition Regulation
Supplement (DFARS) to implement
section 1823 and paragraph (b) of
section 1813 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2017, which provide
modifications to the Program.
Specifically, section 1823 revises the
definition and requirements associated
with affiliation between mentor firms
and their prote´ge´ firms. Both sections
add new types of assistance for mentors
to provide to their prote´ge´s.
There were no issues raised by the
public in response to the initial
regulatory flexibility analysis provided
in the proposed rule.
The rule will apply to small entities
that participate in the Program. There
are currently 72 small entities
participating in the Program as prote´ge´
firms and six small entities participating
as mentors.
The rule does not impose any
reporting or recordkeeping requirements
on any small entities.
DoD has not identified any
alternatives that would meet the
requirements of the applicable statute.
PO 00000
219.7100
Appendix I to Chapter 2—Policy and
Procedures for the DoD Pilot Mentor
Prote´ge´ Program
*
*
*
*
*
I–101.1 Affiliation.
With respect to a relationship between a
mentor firm and a prote´ge´ firm, a
relationship described under 13 CFR
121.103.
*
E:\FR\FM\31OCR1.SGM
*
*
31OCR1
*
*
Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Rules and Regulations
I–102
*
Participant eligibility.
*
*
*
*
(e) A mentor firm may not enter into an
agreement with a prote´ge´ firm if SBA has
made a determination of affiliation. If SBA
has not made such a determination and if the
DoD Office of Small Business Programs
(OSBP) has reason to believe, based on SBA’s
regulations regarding affiliation, that the
mentor firm is affiliated with the prote´ge´
firm, then DoD OSBP will request a
determination regarding affiliation from SBA.
*
*
*
*
*
I–106 Development of mentor-prote´ge´
agreements.
*
*
*
*
*
(d) * * *
(6) * * *
(v) Women’s business centers described in
section 29 of the Small Business Act (15
U.S.C. 656).
*
*
*
*
*
I–107 Elements of a mentor-prote´ge´
agreement.
*
*
*
*
*
(h) The assistance the mentor will provide
to the prote´ge´ firm in understanding Federal
contract regulations, including the FAR and
DFARS, after award of a subcontract under
the Program, if applicable;
*
*
*
*
*
[FR Doc. 2018–23673 Filed 10–30–18; 8:45 am]
BILLING CODE 5001–06p–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 228 and 252
[Docket DARS–2018–0049]
RIN 0750–AJ98
Defense Federal Acquisition
Regulation Supplement: Repeal of
DFARS Provision ‘‘Bonds or Other
Security’’ (DFARS Case 2018–D036)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove a provision that is
no longer necessary.
DATES: Effective October 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
amozie on DSK3GDR082PROD with RULES
SUMMARY:
I. Background
DoD is amending the DFARS to
remove DFARS provision 252.228–7004,
Bonds or Other Security, and the
VerDate Sep<11>2014
16:24 Oct 30, 2018
Jkt 247001
associated clause prescription at DFARS
228.170. The Miller Act (40 U.S.C. 3131
to 3134) requires contractors on certain
construction contracts to post bonds
that guarantee performance of the
contract and payment to subcontractors
and suppliers. Several Federal
Acquisition Regulation (FAR) clauses
are available to implement these
requirements on construction contracts.
While the guarantees of the Miller Act
do not apply to contracts for demolition,
dismantling, or removal of
improvements, FAR 37.302 permits the
contracting officer to require a
performance bond or other security, in
accordance with FAR 28.103, on such
contracts when it is necessary to ensure
completion of the work or protect
property or payment of suppliers.
For DoD, when performance bonds or
other securities are necessary for
contracts that involve dismantling,
demolition, or removal of
improvements, this DFARS provision is
included in the solicitation. The
provision requires offerors to furnish a
bid guarantee with their offer; advises
that, upon notice of award, the
successful offeror shall provide the
Government with the performance bond
and any payment due within a set
timeframe; and, identifies the acceptable
sureties that can be used to support the
bond.
In reviewing existing FAR provisions
and clauses, it was determined that FAR
clause 52.228–16, Performance and
Payment Bonds—Other than
Construction, and FAR provision
52.228–1, Bid Guarantee, provide the
information contained in the DFARS
provision and can be included in
solicitations and contracts that involve
dismantling, demolition, or removal of
improvements. The FAR clause ensures
completion of the work; protects
property associated with the contract
effort; requires the offeror to furnish a
performance bond within a set amount
of time after receiving a notice of award;
and, specifies that bonds must be
supported by specific sureties. The FAR
provision requires offerors to provide a
bid guarantee prior to the opening of
bids; includes the form and amount of
the guarantee to be provided; advises
that a resultant contract may be
terminated for failure to provide an
executed bond after contract award;
and, states that the bid guarantee will be
used to offset cost in the event of a
termination for default. Since the FAR
provision and clause can be used to
provide the same information included
in DFARS provision, this DFARS
provision is no longer necessary and can
be removed.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
54679
The removal of this DFARS provision
supports a recommendation from the
DoD Regulatory Reform Task Force. On
February 24, 2017, the President signed
Executive Order (E.O.) 13777,
‘‘Enforcing the Regulatory Reform
Agenda,’’ which established a Federal
policy ‘‘to alleviate unnecessary
regulatory burdens’’ on the American
people. In accordance with E.O. 13777,
DoD established a Regulatory Reform
Task Force to review and validate DoD
regulations, including the DFARS. A
public notice of the establishment of the
DFARS Subgroup to the DoD Regulatory
Reform Task Force, for the purpose of
reviewing DFARS provisions and
clauses, was published in the Federal
Register at 82 FR 35741 on August 1,
2017, and requested public input. No
public comments were received on this
provision. The DoD Task Force
reviewed the requirements of DFARS
provision 252.228–7004, Bonds and
Other Security, and determined that the
DFARS coverage was unnecessary and
recommended removal.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only removes obsolete
DFARS provision 252.228–7004, Bonds
or Other Security. Therefore, the rule
does not impose any new requirements
on contracts at or below the simplified
acquisition threshold and for
commercial items, including
commercially available off-the-shelf
items.
III. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because DoD is not issuing a
new regulation; rather, this rule merely
removes an obsolete requirement from
the DFARS.
E:\FR\FM\31OCR1.SGM
31OCR1
]]>Agencies
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Rules and Regulations]
[Pages 54677-54679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23673]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 219 and Appendix I to Chapter 2
[Docket DARS-2018-0019]
RIN 0750-AJ25
Defense Federal Acquisition Regulation Supplement: Mentor-Protege
Program Modifications (DFARS Case 2017-D016)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement sections of the
National Defense Authorization Act for Fiscal Year 2017 that provide
modifications to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program.
DATES: Effective October 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone
571-372-6100.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 83 FR
19677 on May 4, 2018, to implement section 1823 and paragraph (b) of
section 1813 of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2017. Sections 1823 and 1813 provide modifications to
the DoD Pilot Mentor-Prot[eacute]g[eacute] Program (``the Program'').
Section 1823 revises the definition and
[[Page 54678]]
requirements associated with affiliation between mentor firms and their
prot[eacute]g[eacute] firms. Both sections add new types of assistance
for mentor firms to provide to their prot[eacute]g[eacute] firms.
II. Discussion and Analysis
One respondent submitted a public comment in response to the
proposed rule. DoD reviewed the public comment in the development of
the final rule.
A. Summary of Significant Changes From the Proposed Rule
There are no changes made to the final rule as a result of the
public comment.
B. Analysis of Public Comments
Comment: The respondent recommended a change to the proposed text
in Appendix I, section I-107, paragraph (h). Specifically, the
respondent proposed limiting the assistance to be provided by the
mentor firm regarding Federal contract regulations to ``guidance in
obtaining training to enable understanding Federal contract
regulations'' instead of ``assistance the mentor will provide to the
prot[eacute]g[eacute] firm in understanding Federal contract
regulations'' as stated in the proposed rule. The rationale was that
the text in the proposed rule could potentially expose the mentor firm
to liability when inevitable misunderstandings occur due to the
complexity of the regulations.
Response: In drafting the text of I-107 paragraph (h), DoD used
language that was very close to the text of section 1813 of the NDAA
for FY 2017. The statutory language and, consequently, the draft DFARS
text add to the mentor-prot[eacute]g[eacute] agreement an element in
which the mentor will identify the assistance it will provide to the
prot[eacute]g[eacute] in an effort to facilitate the
prot[eacute]g[eacute]'s understanding of Federal contract regulations.
Such assistance could include guidance in obtaining training on the
regulations, but it also could include other forms of assistance.
C. Other Changes
The final rule includes a minor editorial change. In section I-111,
paragraph (e) is revised to update the reference to renumbered
paragraphs in I-107.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This final rule does not add any new provisions or clauses or
impact any existing provisions or clauses.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This final rule is necessary to implement statutory modifications
to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program (``the
Program''). This rule amends the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement section 1823 and paragraph (b) of
section 1813 of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2017, which provide modifications to the Program.
Specifically, section 1823 revises the definition and requirements
associated with affiliation between mentor firms and their
prot[eacute]g[eacute] firms. Both sections add new types of assistance
for mentors to provide to their prot[eacute]g[eacute]s.
There were no issues raised by the public in response to the
initial regulatory flexibility analysis provided in the proposed rule.
The rule will apply to small entities that participate in the
Program. There are currently 72 small entities participating in the
Program as prot[eacute]g[eacute] firms and six small entities
participating as mentors.
The rule does not impose any reporting or recordkeeping
requirements on any small entities.
DoD has not identified any alternatives that would meet the
requirements of the applicable statute.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 219 and Appendix I to Chapter 2
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 219 and appendix I to chapter 2 are amended
as follows:
0
1. The authority citation for 48 CFR part 219 and appendix I to chapter
2 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 219--SMALL BUSINESS PROGRAMS
219.7100 [Amended]
0
2. Amend section 219.7100 by removing ``November 25, 2015'' and adding
``December 23, 2016'' in its place.
0
3. Amend appendix I to chapter 2 as follows:
0
a. In section I-101 by--
0
i. Redesignating sections I-101.1 through I-101.6 as sections I-101.2
through I-101.7, respectively; and
0
ii. Adding new section I-101.1.
0
b. In section I-102 by--
0
i. Redesignating paragraphs (e) and (f) as paragraphs (f) and (g),
respectively;
0
ii. Adding new paragraph (e); and
0
iii. In newly redesignated paragraph (f), removing ``Subpart 9.4'' and
adding ``subpart 9.4'' in its place.
0
c. In section I-106 by adding paragraph (d)(6)(v).
0
d. In section I-107 by--
0
i. Redesignating paragraphs (h) through (o) as paragraphs (i) through
(p), respectively; and
0
ii. Adding new paragraph (h).
0
e. Amending section I-111 by removing ``I-107(k) through (m)'' from
paragraph (e) and adding ``I-107(l) through (n)'' in its place.
The additions read as follows:
Appendix I to Chapter 2--Policy and Procedures for the DoD Pilot Mentor
Prot[eacute]g[eacute] Program
* * * * *
I-101.1 Affiliation.
With respect to a relationship between a mentor firm and a
prot[eacute]g[eacute] firm, a relationship described under 13 CFR
121.103.
* * * * *
[[Page 54679]]
I-102 Participant eligibility.
* * * * *
(e) A mentor firm may not enter into an agreement with a
prot[eacute]g[eacute] firm if SBA has made a determination of
affiliation. If SBA has not made such a determination and if the DoD
Office of Small Business Programs (OSBP) has reason to believe,
based on SBA's regulations regarding affiliation, that the mentor
firm is affiliated with the prot[eacute]g[eacute] firm, then DoD
OSBP will request a determination regarding affiliation from SBA.
* * * * *
I-106 Development of mentor-prot[eacute]g[eacute] agreements.
* * * * *
(d) * * *
(6) * * *
(v) Women's business centers described in section 29 of the
Small Business Act (15 U.S.C. 656).
* * * * *
I-107 Elements of a mentor-prot[eacute]g[eacute] agreement.
* * * * *
(h) The assistance the mentor will provide to the
prot[eacute]g[eacute] firm in understanding Federal contract
regulations, including the FAR and DFARS, after award of a
subcontract under the Program, if applicable;
* * * * *
[FR Doc. 2018-23673 Filed 10-30-18; 8:45 am]
BILLING CODE 5001-06p-P
