NASA Federal Acquisition Regulation Supplement: NASA Mentor-Protégé Program, 69883-69887 [2023-21983]
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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations
registered practitioner is authorized to
prescribe schedule II–V controlled
substances via telemedicine, as defined
in 21 CFR 1300.04(i), to a patient
without having conducted an in-person
medical evaluation of the patient if all
of the conditions listed in paragraph (e)
of this section are met.
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Empowering Broadband Consumers
Through Transparency
3. The authority citation for part 12
continues to read as follows:
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Authority: 21 U.S.C. 802(54)(G).
4. Amend § 12.1 by revising the
section heading and paragraphs (a) and
(c) to read as follows:
■
§ 12.1 Temporary extension of certain
COVID–19 telemedicine flexibilities for
prescription of controlled medications.
(a) This section is in effect until the
end of the day December 31, 2024. The
authorization granted in paragraph (c) of
this section expires at the end of
December 31, 2024.
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(c) During the period May 12, 2023,
through December 31, 2024, a Drug
Enforcement Administration (DEA)registered practitioner is authorized to
prescribe schedule II–V controlled
substances via telemedicine, as defined
in 21 CFR 1300.04(i), to a patient
without having conducted an in-person
medical evaluation of the patient if all
of the conditions listed in paragraph (e)
of this section are met.
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Scott Brinks,
Federal Register Liaison Officer, Drug
Enforcement Administration.
Miriam E. Delphin-Rittmon,
Assistant Secretary for Mental Health and
Substance Use, Department of Health and
Human Services, and Administrator,
Substance Abuse and Mental Health Services
Administration.
[FR Doc. 2023–22406 Filed 10–6–23; 8:45 am]
BILLING CODE 4410–09–P
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In this document, the
Commission announces the compliance
dates for the rules implementing the
Infrastructure Investment and Jobs Act
per the Broadband Label Order. The
rules require broadband internet access
service providers (providers) to display,
at the point of sale, labels that disclose
certain information about broadband
prices, introductory rates, data
allowances, and broadband speeds, and
to include links to information about
their network management practices,
privacy policies, and the Commission’s
Affordable Connectivity Program.
DATES:
Effective date: October 10, 2023.
Compliance dates: Compliance with
47 CFR 8.1(a)(1), (a)(2), (a)(4) through
(a)(6), published at 87 FR 76959
(December 16, 2022) and amended at 88
FR 52043 (August 7, 2023) and 88 FR
63853 (September 18, 2023), for
providers with 100,000 or fewer
subscriber lines is required as of
October 10, 2024 and for all other
providers is required as of April 10,
2024, except that compliance with the
requirement in 47 CFR 8.1(a)(2) to make
labels accessible in online account
portals will not be required for all
providers until October 10, 2024.
Compliance with 47 CFR 8.1(a)(3) is
required for all providers as of October
10, 2024. The Commission will publish
a document in the Federal Register
revising 47 CFR 8.1 to incorporate these
compliance dates.
FOR FURTHER INFORMATION CONTACT:
Erica H. McMahon of the Consumer and
Governmental Affairs Bureau, Consumer
Policy Division, at (202) 418–0346 or
Erica.McMahon@fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that the Office of
Management and Budget approved the
information collection requirements in
§§ 8.1(a)(1) through (a)(6) and (b) on
September 19, 2023. The Commission
publishes this document as an
announcement of the compliance dates
of the rules. In an Order on
Reconsideration published at 88 FR
SUMMARY:
PART 12—TELEMEDICINE
FLEXIBILITIES
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[CG Docket No. 22–2; FCC 22–86; DA 23–
617; FCC 23–68; FR ID 175318]
Federal Communications
Commission.
ACTION: Final rule; announcement of
compliance dates.
For the reasons set out above, the
Department of Health and Human
Services amends 42 CFR part 12 as
follows:
16:24 Oct 06, 2023
47 CFR Part 8
AGENCY:
42 CFR Chapter I
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FEDERAL COMMUNICATIONS
COMMISSION
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69883
63853 (September 18, 2023), the
Commission affirmed its determinations
that providers must itemize monthly
discretionary fees on the label and state
how much data is provided with the
service plan, as outlined by the label
template. It also clarified that the
requirement to document interactions
with consumers at alternate sales
channels will be deemed satisfied if,
instead, the provider establishes the
business practices and processes it will
follow in distributing the label through
alternative sales channels; retains
training materials and related business
practice documentation for two years;
and provides such information to the
Commission upon request, within 30
days. The Commission also determined
that wireless providers have the
flexibility to state ‘‘taxes included’’ or
add similar language to the label
template when the provider has chosen
to include taxes as part of its base price.
In addition, the Commission affirmed its
determination in the Broadband Label
Order that ‘‘enterprise service offerings
or special access services are not ‘massmarket retail services,’ and therefore,
not covered by our label requirement.’’
To request materials in accessible
formats for people with disabilities
(Braille, large print, electronic files,
audio format), send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023–21682 Filed 10–5–23; 4:15 pm]
BILLING CODE 6712–01–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1801, 1819, and 1852
RIN 2700–AE65
NASA Federal Acquisition Regulation
Supplement: NASA Mentor-Prote´ge´
Program
National Aeronautics and
Space Administration (NASA).
ACTION: Final rule.
AGENCY:
NASA is finalizing
amendments to the NASA Federal
Acquisition Regulation Supplement
(NFS)to reflect updates to NASA’s Small
Business Mentor Prote´ge´ Program
(MPP).
SUMMARY:
DATES:
Effective November 9, 2023.
FOR FURTHER INFORMATION CONTACT:
Todd Lacks, NASA HQ, Office of
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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations
Procurement Management and Policy
Division, LP–011, 300 E Street SW,
Washington, DC 20456–0001.
Telephone 202–358–0799 and; facsimile
202–358–3082.
SUPPLEMENTARY INFORMATION:
I. Background
NASA published a proposed rule in
the Federal Register at 88 FR 9421 on
February 13, 2023, to update NASA’s
Small Business Mentor Prote´ge´ Program
(MPP). Amendments discussed
included the requirement of Small
Business Specialists’ concurrence on the
signed letter of endorsement;
requirements associated with credit
received towards subcontracting goals;
changes to the MPP reporting
requirement from semi-annually to
annually and editorial changes for
clarity. NASA also proposed
amendments to reflect the annual
negotiation of its small business
percentage goals. Finally, these
revisions will emphasize collaboration
among representatives from the Office of
Small Business Programs, Office of
Procurement, and Program Offices to
reduce barriers to entry and to
opportunities for all small business
concerns and Historically Black
Colleges and Universities or Minority
Institutions.
II. Discussion
NASA received no public comments
and is finalizing this rule with no
changes.
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III. Applicability to Commercial Item
Acquisitions, Including Commercially
Available Off-The-Shelf (COTS) Items,
and Acquisitions Below the Simplified
Acquisition Threshold (SAT)
The final rule implements updates to
NASA’s MPP. Subpart 1819.72 does not
limit the application of the program
requirements to non-commercial
contracts or contracts above the
simplified acquisition threshold.
Consistent with 41 U.S.C. 1905, 1906
and 1907, the NASA Assistant
Administrator for Procurement has
determined that it is in the best interest
of NASA to apply this policy change to
the acquisition of commercial items,
including COTS items, and those
requirements below the SAT.
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
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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 rule is not a significant
regulatory action as defined in E.O.
12866 and was not reviewed by the
Office of Management and Budget
(OMB).
V. Regulatory Flexibility Act
NASA does not expect this rule to
have a significant economic impact on
small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. No comments were received on
the initial regulatory flexibility analysis
and NASA is finalizing it with no
changes. A summary is provided below.
The final rule will apply to all current
and future participants of the MPP.
While the final rule will apply to all
classes of small business, it will not
necessarily affect all those businesses
because the final rule only applies to
those that are a part of the MPP. As
reported by NASA’s Office of Small
Business Programs (OSBP), NASA has
entered 6, 1, and 3 mentor prote´ge´
agreements in 2018, 2019, and 2020,
respectively. Therefore, this policy will
have minimal impact on small
businesses at large.
VI. Paperwork Reduction Act
This rule contains information
collection requirements requiring the
approval of OMB under the Paperwork
Reduction Act (44 U.S.C. chapter 35).
As part of the proposed rule, NASA
requested comments on a reinstatement
with change for OMB 2700–0078,
Mentor Protege Program Small Business
and Small Disadvantaged Business
Concerns. In the proposed rule, NASA
discussed decreasing the collection
requirement from semi-annual to annual
as the Agency conducts semi-annual
Mentor Prote´ge´ performance reviews,
which are more effective in tracking
milestones over the life of the agreement
than the submission of semi-annual
reports. This change will reduce the
reporting requirement on small
businesses from semi-annual to annual
and still capture necessary information
from the semi-annual performance
reviews. No comments were received on
this change.
List of Subjects in 48 CFR Parts 1801,
1819, and 1852
Government procurement.
Erica Jones,
NASA FAR Supplement Manager.
Accordingly, NASA amends 48 CFR
parts 1801, 1819, and 1852 as follows:
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1. The authority citation for parts
1801, 1819, and 1852 continue to read
as follows:
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Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
PART 1801—FEDERAL ACQUISITION
REGULATIONS SYSTEM
Subpart 1801.1—Purpose, Authority,
Issuance
2. Revise section 1801.106 to read as
follows:
■
1801.106 Office of Management and
Budget (OMB) approval under the
Paperwork Reduction Act.
The following OMB control numbers
apply:
NFS segment
1819 ..........................................
1823 ..........................................
1827 ..........................................
1843 ..........................................
1852.223–70 .............................
NF533 .......................................
NF1018 .....................................
OMB
control No.
2700–0078
2700–0089
2711–0052
2700–0054
2700–0160
2700–0003
2700–0017
PART 1819—SMALL BUSINESS
PROGRAMS
Subpart 1819.2—Policies
3. Amend section 1819.201 by
revising the section heading and
paragraph (a)(ii) to read as follows:
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1819.201
General policy.
(a) * * *
(ii) NASA annually negotiates Agency
small business prime and
subcontracting goals with the Small
Business Administration pursuant to
section 15(g) of the Small Business Act
(15 U.S.C. 644). In addition,
representatives from the Office of Small
Business Programs, Office of
Procurement, and Program Offices will
collaborate to reduce barriers to entry
and to increase opportunities for small
business concerns, identified in
paragraph (a)(i) of this section, and
Historically Black Colleges and
Universities or Minority Institutions.
Subpart 1819.72—NASA MentorProte´ge´ Program
4. Amend section 1819.7201 by:
a. Revising paragraph (a) introductory
text; and
■ b. In paragraph (b), adding the
acronym ‘‘(MPA)’’ after the words
‘‘mentor-prote´ge´ agreements’’.
The revision reads as follows:
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1819.7201
Scope of subpart.
(a) This subpart implements the
NASA Mentor-Prote´ge´ Program
(hereafter referred to as the Program) as
authorized by the Small Business
Administration in accordance with 13
CFR 125.10. The purpose of the program
is to:
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■ 5. Revise section 1819.7202 to read as
follows:
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1819.7202
Eligibility.
(a) To be eligible as a mentor, an
entity must be—
(1) A large business prime contractor
or research institution performing with
at least one approved subcontracting
plan (other than a commercial plan)
negotiated with NASA, pursuant to FAR
subpart 19.7. A contractor may apply to
become a mentor if they currently are
not performing under a NASA contract,
as long as they are currently performing
another Federal agency contract with an
approved subcontracting plan. However,
the NASA MPA will not be approved
until the mentor company is performing
under a NASA contract with an
approved subcontracting plan.
(2) Eligible for receipt of Government
contracts. An entity will not be
approved for participation in the
program if, at the time of submission of
the application to the NASA Mentor
Prote´ge´ Program Office (MPPO), the
entity is debarred or suspended from
contracting with the Federal
Government pursuant to FAR subpart
9.4.
(b) To be eligible to participate as a
prote´ge´, an entity must be eligible for
award of Federal contracts in
accordance with FAR subpart 9.4, i.e.,
entities cannot be suspended or
debarred at the time of application for
the program and must be classified as
one of more of the following entities or
socio-economic categories as defined by
FAR part 2:
(1) Small disadvantaged business;
(2) Women-owned small or
economically disadvantaged womenowned concern;
(3) Veteran-owned or service-disabled
veteran-owned small business concern;
(4) Historically underutilized business
zone concern;
(5) Historically Black College and
University or Minority-Serving
Institution;
(6) Current NASA Small Business
Innovation Research (SBIR)/Small
Business Technology Transfer (STTR)
Phase II Company; or
(7) An entity participating in the
AbilityOne Program.
(c) A prote´ge´ firm may self-certify to
a mentor firm that it meets the
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requirements set forth in paragraph (b)
of this section. Mentors may rely in
good faith on written representations by
potential prote´ge´s that they meet the
specified eligibility requirements.
■ 6. Revise section 1819.7203 to read as
follows:
reference 1819.7206. Participants that
are eligible for award fee may also
receive credit under their individual
contract’s award fee plan.
■ 9. Add section 1819.7206 to read as
follows:
1819.7203 Mentor-prote´ge´ advanced
payments.
In a MPA (as referenced in section 6
‘‘Agreements’’ of the MPP Guidebook), a
mentor receives credit toward its
subcontracting goals. The credit
agreement only applies to mentors with
an Individual Subcontract Plan.
(a) Costs incurred under a credit
agreement are applied on a one-to-one
basis toward applicable subcontracting
goals, under a Federal agency
subcontracting plan (FAR subpart 19.7).
(b) The credit is reported on the
mentor’s individual subcontracting
report (ISR) in the comments section
twice a year and in the Summary
Subcontract Report (SSR) once a year.
The MPPO will verify the dollars
contained in the annual reports.
■ 10. Amend section 1819.7212 by
revising paragraphs (a), (b), (c)
introductory text, and (d) through (g) to
read as follows:
If advance payments are
contemplated, the mentor must first
have the advance payments approved by
the contracting officer in accordance
with FAR subpart 32.4.
■ 7. Amend section 1819.7204 by:
■ a. Revising paragraphs (a)
introductory text and (a)(1) and (3);
■ b. Removing paragraph (a)(4);
■ c. Redesignating paragraph (a)(5) as
paragraph (a)(4);
■ d. Removing paragraph (c);
■ e. Redesignating paragraph (b) as
paragraph (c); and
■ e. Adding a new paragraph (b).
The revisions and addition read as
follows:
1819.7204 Agreement submission and
approval process.
(a) To participate in the Program,
entities approved as mentors, will
submit a complete agreement package to
the contracting officer, contracting
officer’s representative (COR), and the
cognizant Small Business Specialist
(SBS) at the NASA Center. The
submission package must include the
following:
(1) A signed MPA;
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(3) The estimated cost of the
developmental assistance to be
provided, broken out per year and per
task, in a separate cost volume; and
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(b) The NASA MPPO may require
additional information as requested
upon agreement submission.
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■ 8. Amend section 1819.7205 by:
■ a. Revising the section heading and
paragraph (a);
■ b. Removing paragraph (c)(4);
■ c. Redesignating paragraphs (c)(5) and
(6) as paragraphs (c)(4) and (5); and
■ d. Revising paragraph (d).
The revisions read as follows:
1819.7205
Award Fee Program.
(a) Mentors may be eligible to earn a
separate award fee associated with the
provision of developmental assistance
to NASA SBIR/STTR Phase II Prote´ge´s
only. The award fee will be assessed at
each award fee determination period.
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(d) The Award Fee Program is an
addition to the credit agreement,
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1819.7206
1819.7212
Credit agreement.
Reporting requirements.
(a) Mentors must report on the
progress made under active MPA
annually throughout the term of the
agreement.
(b) Reports are due 30 days after the
end of each 12-month period of
performance commencing with the start
of the agreement.
(c) Each annual report must include
the following data on performance
under the MPA:
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(d) Annually the prote´ge´ must provide
an independently developed progress
report using the annual report template,
on the progress made during the prior
twelve months by the prote´ge´ in
employment, revenues, and
participation in NASA contracts during
each year of the Program participation
term. The prote´ge´ must also provide an
additional post-agreement report for
each of the two years following the
expiration of the Program participation
term.
(e) The prote´ge´ annual report required
by paragraph (d) of this section must be
submitted separately from the mentor’s
annual report submission.
(f) Reports for all agreements must be
submitted to the NASA Mentor Prote´ge´
Program Manager, the mentor’s
cognizant administrative Contracting
Officer, and their Small Business
Specialist.
(g) Templates for the annual report
and the Post-Agreement report and
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guidance for their submission are
available at: https://www.nasa.gov/
osbp/mentor-protege-program.
■ 11. Add section 1819.7213 to read as
follows:
1819.7213
Reporting allowances.
The mentor may include its
developmental expenditures from the
annual report, reference 1819.7212, in
its reported dollars in its Summary
Subcontracting Report (SSR) in the
Electronic Subcontracting Reporting
System (eSRS).
(a) If the prote´ge´ is also the mentor’s
immediate next-tier subcontractor under
a NASA contract that contains a
subcontracting plan, the mentor may
also include its developmental
expenditures in its Individual
Subcontracting Report (ISR) for that
contract. Expenditures may be applied
to each socio-economic subcategory on
the SSR and ISR for which the prote´ge´
qualifies.
(b) Developmental expenditures
included in SSR’s and ISR’s must also
be separately reported and explained
(including the actual dollar amount) in
the ‘‘Remarks’’ section of each report.
(c) Expenditures for AbilityOne
prote´ge´s cannot be included in SSR’s or
ISR’s since there is no such reporting
category for SSR’s or ISR’s.
■ 12. Amend section 1819.7215 by
revising paragraph (a) to read as follows:
1819.7215 Solicitation provision and
contract clauses.
(a) The contracting officer shall insert
the clause at 1852.219–77, NASA
Mentor-Prote´ge´ Program, in any contract
that includes the clause at FAR 52.219–
9, Small Business Subcontracting Plan.
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PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Subpart 1852.2—Texts of Provisions
and Clauses
13. Amend section 1852.219–77 by
revising the date of the clause and
paragraphs (b) through (d) to read as
follows:
■
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1852.219–77
Program.
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NASA Mentor-Prote´ge´
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NASA MENTOR–PROTE´GE´ PROGRAM
(OCT 2023)
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(b) The Program consists of—
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(1) Mentors, which are large business
prime or research institution with at least one
approved NASA subcontracting plan;
(2) Prote´ge´s, which qualify as one or more
of the following:
(i) Small Business Concern, as defined in
FAR part 2, Definitions of Parts and Terms,
including: Women-Owned or EconomicallyOwned Concern; Veteran-Owned or ServiceDisabled Veteran-Owned Small Business
Concern; Historically Underutilized Business
Zone Concern;
(ii) Historically Black College and
University or Minority-Serving Institution;
(iii) Current NASA SBIR/STTR Phase II
Company; or
(iv) An Entity Participating in the
AbilityOne Program;
(3) MPA endorsed by the cognizant NASA
centers and approved by the NASA MPPO;
and
(4) In contracts with award fee incentives,
potential for payment of an award fee for
voluntary participation and successful
performance in the Mentor-Prote´ge´ Program,
in accordance with NFS 1819.7205.
(c) Mentor participation in the program,
described in NFS 1819.72, means providing
technical, managerial, and financial
assistance to aid prote´ge´s in developing
requisite high-tech expertise and business
systems to compete for and successfully
perform NASA, as well as other Federal and
commercial contracts and subcontracts.
(d) Eligible businesses and research
institutions interested in participating in the
program are encouraged to contact the NASA
MPPO.
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14. Amend section 1852.219–79 by:
a. Revising the date of the clause and
paragraph (a);
■ b. Removing the undesignated text
following paragraph (a);
■ c. Redesignating paragraphs (b)
through (f) as paragraphs (c) through (g);
■ d. Adding a new paragraph (b);
■ e. Revising newly redesignated
paragraphs (c) introductory text and
(c)(3) and (4);
■ f. Removing newly redesignated
paragraph (c)(5); and
■ g. Revising newly redesignated
paragraphs (d) through (g).
The revisions and addition read as
follows:
■
■
1852.219–79
evaluation.
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Mentor requirements and
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MENTOR REQUIREMENTS AND
EVALUATION (OCT 2023)
(a) The purpose of the NASA MentorProte´ge´ Program is for a NASA prime
contractor to provide developmental
assistance to:
(1) Provide incentives to NASA
contractors, performing under at least one
active approved subcontracting plan
negotiated with NASA to assist prote´ge´s in
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enhancing their capabilities to perform as
viable NASA, other Government, and
commercial suppliers on contract and
subcontract requirements;
(2) Increase the overall participation of
prote´ge´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 prote´ge´s and
mentors.
(b) The Mentor shall comply with the
annual reporting requirements detailed in
NASA FAR Supplement 1819.7212.
(c) NASA will evaluate the Mentor’s
performance on the following factors in the
subcontracting element of the annual
Contractor Performance Assessment Report
(CPAR). If this contract includes an award fee
incentive, this evaluation will also be
included as part of the subcontracting
element in the award fee evaluation process.
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(3) The extent to which the mentor and
prote´ge´ have met the developmental
milestones outlined in the agreement; and
(4) The extent to which the mentor has
contributed to advancing the prote´ge´’s
technical readiness level. This factor only
applies if the prote´ge´ is a current NASA
SBIR/STTR Phase II contractor.
(d) Annual reports shall be submitted by
the Mentor and the Prote´ge´ to the MPPO,
following the annual report template found
on the website at www.nasa.gov/osbp.
(1) Except for as noted in paragraph (d)(4)
of this section, the Mentor may include its
developmental expenditures from the annual
report, reference 1819.7212, Reporting
Requirements, in its reported dollars in its
Summary Subcontracting Report (SSR) in
eSRS.
(2) If the prote´ge´ is also the mentor’s
immediate next-tier subcontractor under a
NASA contract that contains a subcontracting
plan, the Mentor may also include its
developmental expenditures in its Individual
Subcontracting Report (ISR) for that contract.
Expenditures may be applied to each socioeconomic subcategory on the SSR and ISR for
which the prote´ge´ qualifies.
(3) Developmental expenditures included
in SSR’s and ISR’s must also be separately
reported and explained (including the actual
dollar amount) in the ‘‘Remarks’’ section of
each report.
(4) Expenditures for AbilityOne prote´ge´s
cannot be included in SSR’s or ISR’s, since
there is no such reporting category for SSR’s
or ISR’s.
(e) 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 prote´ge´’s notice
to withdraw from the Program.
(f) Every six months, the Mentor and
Prote´ge´, as appropriate, will formally brief
the MPPO, and the contracting officer during
a formal program review regarding program
accomplishments, as it pertains to the
approved agreement.
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(g) NASA may terminate MPA for good
cause, thereby excluding mentors or prote´ge´s
from participating in the program. These
actions shall be approved by the MPPO.
NASA shall terminate an agreement by
delivering to the contractor a letter specifying
VerDate Sep<11>2014
16:24 Oct 06, 2023
Jkt 262001
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 prote´ge´. A plan
for accomplishing the subcontract effort
PO 00000
Frm 00015
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should the agreement be terminated shall be
submitted with the agreement.
*
*
*
*
*
[FR Doc. 2023–21983 Filed 10–6–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Rules and Regulations]
[Pages 69883-69887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21983]
=======================================================================
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1801, 1819, and 1852
RIN 2700-AE65
NASA Federal Acquisition Regulation Supplement: NASA Mentor-
Prot[eacute]g[eacute] Program
AGENCY: National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NASA is finalizing amendments to the NASA Federal Acquisition
Regulation Supplement (NFS)to reflect updates to NASA's Small Business
Mentor Prot[eacute]g[eacute] Program (MPP).
DATES: Effective November 9, 2023.
FOR FURTHER INFORMATION CONTACT: R. Todd Lacks, NASA HQ, Office of
[[Page 69884]]
Procurement Management and Policy Division, LP-011, 300 E Street SW,
Washington, DC 20456-0001. Telephone 202-358-0799 and; facsimile 202-
358-3082.
SUPPLEMENTARY INFORMATION:
I. Background
NASA published a proposed rule in the Federal Register at 88 FR
9421 on February 13, 2023, to update NASA's Small Business Mentor
Prot[eacute]g[eacute] Program (MPP). Amendments discussed included the
requirement of Small Business Specialists' concurrence on the signed
letter of endorsement; requirements associated with credit received
towards subcontracting goals; changes to the MPP reporting requirement
from semi-annually to annually and editorial changes for clarity. NASA
also proposed amendments to reflect the annual negotiation of its small
business percentage goals. Finally, these revisions will emphasize
collaboration among representatives from the Office of Small Business
Programs, Office of Procurement, and Program Offices to reduce barriers
to entry and to opportunities for all small business concerns and
Historically Black Colleges and Universities or Minority Institutions.
II. Discussion
NASA received no public comments and is finalizing this rule with
no changes.
III. Applicability to Commercial Item Acquisitions, Including
Commercially Available Off-The-Shelf (COTS) Items, and Acquisitions
Below the Simplified Acquisition Threshold (SAT)
The final rule implements updates to NASA's MPP. Subpart 1819.72
does not limit the application of the program requirements to non-
commercial contracts or contracts above the simplified acquisition
threshold. Consistent with 41 U.S.C. 1905, 1906 and 1907, the NASA
Assistant Administrator for Procurement has determined that it is in
the best interest of NASA to apply this policy change to the
acquisition of commercial items, including COTS items, and those
requirements below the SAT.
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 rule is not a significant regulatory action as defined in E.O.
12866 and was not reviewed by the Office of Management and Budget
(OMB).
V. Regulatory Flexibility Act
NASA does not expect this rule to have a significant economic
impact on small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq. No comments were received on the
initial regulatory flexibility analysis and NASA is finalizing it with
no changes. A summary is provided below.
The final rule will apply to all current and future participants of
the MPP. While the final rule will apply to all classes of small
business, it will not necessarily affect all those businesses because
the final rule only applies to those that are a part of the MPP. As
reported by NASA's Office of Small Business Programs (OSBP), NASA has
entered 6, 1, and 3 mentor prot[eacute]g[eacute] agreements in 2018,
2019, and 2020, respectively. Therefore, this policy will have minimal
impact on small businesses at large.
VI. Paperwork Reduction Act
This rule contains information collection requirements requiring
the approval of OMB under the Paperwork Reduction Act (44 U.S.C.
chapter 35). As part of the proposed rule, NASA requested comments on a
reinstatement with change for OMB 2700-0078, Mentor Protege Program
Small Business and Small Disadvantaged Business Concerns. In the
proposed rule, NASA discussed decreasing the collection requirement
from semi-annual to annual as the Agency conducts semi-annual Mentor
Prot[eacute]g[eacute] performance reviews, which are more effective in
tracking milestones over the life of the agreement than the submission
of semi-annual reports. This change will reduce the reporting
requirement on small businesses from semi-annual to annual and still
capture necessary information from the semi-annual performance reviews.
No comments were received on this change.
List of Subjects in 48 CFR Parts 1801, 1819, and 1852
Government procurement.
Erica Jones,
NASA FAR Supplement Manager.
Accordingly, NASA amends 48 CFR parts 1801, 1819, and 1852 as
follows:
0
1. The authority citation for parts 1801, 1819, and 1852 continue to
read as follows:
Authority: 51 U.S.C. 20113(a) and 48 CFR chapter 1.
PART 1801--FEDERAL ACQUISITION REGULATIONS SYSTEM
Subpart 1801.1--Purpose, Authority, Issuance
0
2. Revise section 1801.106 to read as follows:
1801.106 Office of Management and Budget (OMB) approval under the
Paperwork Reduction Act.
The following OMB control numbers apply:
------------------------------------------------------------------------
OMB control
NFS segment No.
------------------------------------------------------------------------
1819....................................................... 2700-0078
1823....................................................... 2700-0089
1827....................................................... 2711-0052
1843....................................................... 2700-0054
1852.223-70................................................ 2700-0160
NF533...................................................... 2700-0003
NF1018..................................................... 2700-0017
------------------------------------------------------------------------
PART 1819--SMALL BUSINESS PROGRAMS
Subpart 1819.2--Policies
0
3. Amend section 1819.201 by revising the section heading and paragraph
(a)(ii) to read as follows:
1819.201 General policy.
(a) * * *
(ii) NASA annually negotiates Agency small business prime and
subcontracting goals with the Small Business Administration pursuant to
section 15(g) of the Small Business Act (15 U.S.C. 644). In addition,
representatives from the Office of Small Business Programs, Office of
Procurement, and Program Offices will collaborate to reduce barriers to
entry and to increase opportunities for small business concerns,
identified in paragraph (a)(i) of this section, and Historically Black
Colleges and Universities or Minority Institutions.
Subpart 1819.72--NASA Mentor-Prot[eacute]g[eacute] Program
0
4. Amend section 1819.7201 by:
0
a. Revising paragraph (a) introductory text; and
0
b. In paragraph (b), adding the acronym ``(MPA)'' after the words
``mentor-prot[eacute]g[eacute] agreements''.
The revision reads as follows:
[[Page 69885]]
1819.7201 Scope of subpart.
(a) This subpart implements the NASA Mentor-Prot[eacute]g[eacute]
Program (hereafter referred to as the Program) as authorized by the
Small Business Administration in accordance with 13 CFR 125.10. The
purpose of the program is to:
* * * * *
0
5. Revise section 1819.7202 to read as follows:
1819.7202 Eligibility.
(a) To be eligible as a mentor, an entity must be--
(1) A large business prime contractor or research institution
performing with at least one approved subcontracting plan (other than a
commercial plan) negotiated with NASA, pursuant to FAR subpart 19.7. A
contractor may apply to become a mentor if they currently are not
performing under a NASA contract, as long as they are currently
performing another Federal agency contract with an approved
subcontracting plan. However, the NASA MPA will not be approved until
the mentor company is performing under a NASA contract with an approved
subcontracting plan.
(2) Eligible for receipt of Government contracts. An entity will
not be approved for participation in the program if, at the time of
submission of the application to the NASA Mentor Prot[eacute]g[eacute]
Program Office (MPPO), the entity is debarred or suspended from
contracting with the Federal Government pursuant to FAR subpart 9.4.
(b) To be eligible to participate as a prot[eacute]g[eacute], an
entity must be eligible for award of Federal contracts in accordance
with FAR subpart 9.4, i.e., entities cannot be suspended or debarred at
the time of application for the program and must be classified as one
of more of the following entities or socio-economic categories as
defined by FAR part 2:
(1) Small disadvantaged business;
(2) Women-owned small or economically disadvantaged women-owned
concern;
(3) Veteran-owned or service-disabled veteran-owned small business
concern;
(4) Historically underutilized business zone concern;
(5) Historically Black College and University or Minority-Serving
Institution;
(6) Current NASA Small Business Innovation Research (SBIR)/Small
Business Technology Transfer (STTR) Phase II Company; or
(7) An entity participating in the AbilityOne Program.
(c) A prot[eacute]g[eacute] firm may self-certify to a mentor firm
that it meets the requirements set forth in paragraph (b) of this
section. Mentors may rely in good faith on written representations by
potential prot[eacute]g[eacute]s that they meet the specified
eligibility requirements.
0
6. Revise section 1819.7203 to read as follows:
1819.7203 Mentor-prot[eacute]g[eacute] advanced payments.
If advance payments are contemplated, the mentor must first have
the advance payments approved by the contracting officer in accordance
with FAR subpart 32.4.
0
7. Amend section 1819.7204 by:
0
a. Revising paragraphs (a) introductory text and (a)(1) and (3);
0
b. Removing paragraph (a)(4);
0
c. Redesignating paragraph (a)(5) as paragraph (a)(4);
0
d. Removing paragraph (c);
0
e. Redesignating paragraph (b) as paragraph (c); and
0
e. Adding a new paragraph (b).
The revisions and addition read as follows:
1819.7204 Agreement submission and approval process.
(a) To participate in the Program, entities approved as mentors,
will submit a complete agreement package to the contracting officer,
contracting officer's representative (COR), and the cognizant Small
Business Specialist (SBS) at the NASA Center. The submission package
must include the following:
(1) A signed MPA;
* * * * *
(3) The estimated cost of the developmental assistance to be
provided, broken out per year and per task, in a separate cost volume;
and
* * * * *
(b) The NASA MPPO may require additional information as requested
upon agreement submission.
* * * * *
0
8. Amend section 1819.7205 by:
0
a. Revising the section heading and paragraph (a);
0
b. Removing paragraph (c)(4);
0
c. Redesignating paragraphs (c)(5) and (6) as paragraphs (c)(4) and
(5); and
0
d. Revising paragraph (d).
The revisions read as follows:
1819.7205 Award Fee Program.
(a) Mentors may be eligible to earn a separate award fee associated
with the provision of developmental assistance to NASA SBIR/STTR Phase
II Prot[eacute]g[eacute]s only. The award fee will be assessed at each
award fee determination period.
* * * * *
(d) The Award Fee Program is an addition to the credit agreement,
reference 1819.7206. Participants that are eligible for award fee may
also receive credit under their individual contract's award fee plan.
0
9. Add section 1819.7206 to read as follows:
1819.7206 Credit agreement.
In a MPA (as referenced in section 6 ``Agreements'' of the MPP
Guidebook), a mentor receives credit toward its subcontracting goals.
The credit agreement only applies to mentors with an Individual
Subcontract Plan.
(a) Costs incurred under a credit agreement are applied on a one-
to-one basis toward applicable subcontracting goals, under a Federal
agency subcontracting plan (FAR subpart 19.7).
(b) The credit is reported on the mentor's individual
subcontracting report (ISR) in the comments section twice a year and in
the Summary Subcontract Report (SSR) once a year. The MPPO will verify
the dollars contained in the annual reports.
0
10. Amend section 1819.7212 by revising paragraphs (a), (b), (c)
introductory text, and (d) through (g) to read as follows:
1819.7212 Reporting requirements.
(a) Mentors must report on the progress made under active MPA
annually throughout the term of the agreement.
(b) Reports are due 30 days after the end of each 12-month period
of performance commencing with the start of the agreement.
(c) Each annual report must include the following data on
performance under the MPA:
* * * * *
(d) Annually the prot[eacute]g[eacute] must provide an
independently developed progress report using the annual report
template, on the progress made during the prior twelve 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] annual report required by paragraph
(d) of this section must be submitted separately from the mentor's
annual report submission.
(f) Reports for all agreements must be submitted to the NASA Mentor
Prot[eacute]g[eacute] Program Manager, the mentor's cognizant
administrative Contracting Officer, and their Small Business
Specialist.
(g) Templates for the annual report and the Post-Agreement report
and
[[Page 69886]]
guidance for their submission are available at: https://www.nasa.gov/osbp/mentor-protege-program.
0
11. Add section 1819.7213 to read as follows:
1819.7213 Reporting allowances.
The mentor may include its developmental expenditures from the
annual report, reference 1819.7212, in its reported dollars in its
Summary Subcontracting Report (SSR) in the Electronic Subcontracting
Reporting System (eSRS).
(a) If the prot[eacute]g[eacute] is also the mentor's immediate
next-tier subcontractor under a NASA contract that contains a
subcontracting plan, the mentor may also include its developmental
expenditures in its Individual Subcontracting Report (ISR) for that
contract. Expenditures may be applied to each socio-economic
subcategory on the SSR and ISR for which the prot[eacute]g[eacute]
qualifies.
(b) Developmental expenditures included in SSR's and ISR's must
also be separately reported and explained (including the actual dollar
amount) in the ``Remarks'' section of each report.
(c) Expenditures for AbilityOne prot[eacute]g[eacute]s cannot be
included in SSR's or ISR's since there is no such reporting category
for SSR's or ISR's.
0
12. Amend section 1819.7215 by revising paragraph (a) to read as
follows:
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 any contract that
includes the clause at FAR 52.219-9, Small Business Subcontracting
Plan.
* * * * *
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Subpart 1852.2--Texts of Provisions and Clauses
0
13. Amend section 1852.219-77 by revising the date of the clause and
paragraphs (b) through (d) to read as follows:
1852.219-77 NASA Mentor-Prot[eacute]g[eacute] Program.
* * * * *
NASA MENTOR-PROT[Eacute]G[Eacute] PROGRAM (OCT 2023)
* * * * *
(b) The Program consists of--
(1) Mentors, which are large business prime or research
institution with at least one approved NASA subcontracting plan;
(2) Prot[eacute]g[eacute]s, which qualify as one or more of the
following:
(i) Small Business Concern, as defined in FAR part 2,
Definitions of Parts and Terms, including: Women-Owned or
Economically-Owned Concern; Veteran-Owned or Service-Disabled
Veteran-Owned Small Business Concern; Historically Underutilized
Business Zone Concern;
(ii) Historically Black College and University or Minority-
Serving Institution;
(iii) Current NASA SBIR/STTR Phase II Company; or
(iv) An Entity Participating in the AbilityOne Program;
(3) MPA endorsed by the cognizant NASA centers and approved by
the NASA MPPO; and
(4) In contracts with award fee incentives, potential for
payment of an award fee for voluntary participation and successful
performance in the Mentor-Prot[eacute]g[eacute] Program, in
accordance with NFS 1819.7205.
(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, as well as other Federal and commercial
contracts and subcontracts.
(d) Eligible businesses and research institutions interested in
participating in the program are encouraged to contact the NASA
MPPO.
* * * * *
0
14. Amend section 1852.219-79 by:
0
a. Revising the date of the clause and paragraph (a);
0
b. Removing the undesignated text following paragraph (a);
0
c. Redesignating paragraphs (b) through (f) as paragraphs (c) through
(g);
0
d. Adding a new paragraph (b);
0
e. Revising newly redesignated paragraphs (c) introductory text and
(c)(3) and (4);
0
f. Removing newly redesignated paragraph (c)(5); and
0
g. Revising newly redesignated paragraphs (d) through (g).
The revisions and addition read as follows:
1852.219-79 Mentor requirements and evaluation.
* * * * *
MENTOR REQUIREMENTS AND EVALUATION (OCT 2023)
(a) The purpose of the NASA Mentor-Prot[eacute]g[eacute] Program
is for a NASA prime contractor to provide developmental assistance
to:
(1) Provide incentives to NASA contractors, performing under at
least one active approved subcontracting plan negotiated with NASA
to assist prot[eacute]g[eacute]s in enhancing their capabilities to
perform as viable NASA, other Government, and commercial suppliers
on 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) The Mentor shall comply with the annual reporting
requirements detailed in NASA FAR Supplement 1819.7212.
(c) NASA will evaluate the Mentor's performance on the following
factors in the subcontracting element of the annual Contractor
Performance Assessment Report (CPAR). If this contract includes an
award fee incentive, this evaluation will also be included as part
of the subcontracting element in the award fee evaluation process.
* * * * *
(3) The extent to which the mentor and prot[eacute]g[eacute]
have met the developmental milestones outlined in the agreement; and
(4) The extent to which the mentor has contributed to advancing
the prot[eacute]g[eacute]'s technical readiness level. This factor
only applies if the prot[eacute]g[eacute] is a current NASA SBIR/
STTR Phase II contractor.
(d) Annual reports shall be submitted by the Mentor and the
Prot[eacute]g[eacute] to the MPPO, following the annual report
template found on the website at www.nasa.gov/osbp.
(1) Except for as noted in paragraph (d)(4) of this section, the
Mentor may include its developmental expenditures from the annual
report, reference 1819.7212, Reporting Requirements, in its reported
dollars in its Summary Subcontracting Report (SSR) in eSRS.
(2) If the prot[eacute]g[eacute] is also the mentor's immediate
next-tier subcontractor under a NASA contract that contains a
subcontracting plan, the Mentor may also include its developmental
expenditures in its Individual Subcontracting Report (ISR) for that
contract. Expenditures may be applied to each socio-economic
subcategory on the SSR and ISR for which the prot[eacute]g[eacute]
qualifies.
(3) Developmental expenditures included in SSR's and ISR's must
also be separately reported and explained (including the actual
dollar amount) in the ``Remarks'' section of each report.
(4) Expenditures for AbilityOne prot[eacute]g[eacute]s cannot be
included in SSR's or ISR's, since there is no such reporting
category for SSR's or ISR's.
(e) 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.
(f) Every six months, the Mentor and Prot[eacute]g[eacute], as
appropriate, will formally brief the MPPO, and the contracting
officer during a formal program review regarding program
accomplishments, as it pertains to the approved agreement.
[[Page 69887]]
(g) NASA may terminate MPA for good cause, thereby excluding
mentors or prot[eacute]g[eacute]s from participating in the program.
These actions shall be approved by the MPPO. 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.
* * * * *
[FR Doc. 2023-21983 Filed 10-6-23; 8:45 am]
BILLING CODE 7510-13-P
