[Federal Register Volume 69, Number 66 (Tuesday, April 6, 2004)]
[Proposed Rules]
[Page 18244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7774]
[[Page 18243]]
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Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Part 19
Federal Acquisition Regulation; Contract Federal Acquisition
Regulation; Mentor Prot[eacute]g[eacute] Program--Delegation of
Approval Authority for Mentor Prot[eacute]g[eacute] Agreements;
Proposed Rule
Federal Register / Vol. 69, No. 66 / Tuesday, April 6, 2004 /
Proposed Rules
[[Page 18244]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAR Case 2003-010]
RIN 9000-AJ90
Federal Acquisition Regulation; Contract Federal Acquisition
Regulation; Mentor Prot[eacute]g[eacute] Program-- Delegation of
Approval Authority for Mentor Prot[eacute]g[eacute] Agreements
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to change the approval authority
of Mentor Prot[eacute]g[eacute] Agreements for the DoD Military
Department or Defense Agencies and to make minor changes for
clarification.
DATES: Interested parties should submit comments in writing on or
before June 7, 2004, to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to--
General Services Administration, FAR Secretariat (MVA), 1800 F
Street, NW., Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to--farcase.2003-
[email protected].
Please submit comments only and cite FAR case 2003-010 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Rhonda Cundiff, Procurement
Analyst, at (202) 501-0044. Please cite FAR case 2003-010.
SUPPLEMENTARY INFORMATION:
A. Background
The Pilot Mentor-Prot[eacute]g[eacute] Program was established
under Section 831 of Public Law 101-510, the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note). The
purpose of the Program is to provide incentives to major Department of
Defense (DoD) contractors to assist Prot[eacute]g[eacute] firms in
enhancing their capabilities to satisfy DoD and other contract and
subcontract requirements. Under the Mentor-Prot[eacute]g[eacute]
Program, eligible companies approved as mentor firms will enter into
mentor-prot[eacute]g[eacute] agreements with eligible
prot[eacute]g[eacute] firms to provide appropriate developmental
assistance to enhance the capabilities of the Prot[eacute]g[eacute]
firms to perform as subcontractors and suppliers. DoD may provide the
mentor firm with either cost reimbursement or credit against applicable
subcontracting goals established under contracts with DoD or other
Federal agencies.
The Department of Defense in an effort to streamline and transform
itself in order to more effectively achieve its mission and in
recognition that the military departments have the necessary expertise
to manage programs efficiently is proposing to transfer the management
of the Mentor Prot[eacute]g[eacute] program to the military departments
and defense agencies. The Office of the Secretary of Defense will
maintain oversight and policy development responsibilities.
Accordingly, the FAR is amended to state that the Director, Small
and Disadvantaged Business Utilization of the cognizant DoD military
department or defense agency will be the approval authority for mentor-
prot[eacute]g[eacute] agreements.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule removes a restriction, thus allowing DoD to make a
minor policy change. An Initial Regulatory Flexibility Analysis has,
therefore, not been performed. We invite comments from small businesses
and other interested parties. The Councils will consider comments from
small entities concerning the affected FAR Part 52 in accordance with 5
U.S.C. 610.
Interested parties must submit such comments separately and should
cite 5 U.S.C. 601, et seq. (FAR case 2003-010), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: March 30, 2004.
Laura Auletta,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 19 as
set forth below:
PART 19--SMALL BUSINESS PROGRAMS
1. The authority citation for 48 CFR part 19 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Amend section 19.702 by revising paragraph (d) to read as
follows:
19.702 Statutory requirements.
* * * * *
(d) As authorized by 15 U.S.C. 637(d)(11), certain costs incurred
by a mentor firm in providing developmental assistance to a
prot[eacute]g[eacute] firm under the Department of Defense Pilot
Mentor-Prot[eacute]g[eacute] Program, may be credited as if they were
subcontract awards to a prot[eacute]g[eacute] firm for the purpose of
determining whether the mentor firm attains the applicable goals under
any subcontracting plan entered into with any executive agency.
However, the mentor-prot[eacute]g[eacute] agreement must have been
approved by the Director, Small and Disadvantaged Business Utilization
of the cognizant DoD military department or defense agency before
developmental assistance costs may be credited against subcontract
goals. A list of approved agreements may be obtained at http://www.acq.osd.mil/sadbu/mentor_protege/ or by calling (703) 588-8631.
[FR Doc. 04-7774 Filed 4-5-04; 8:45 am]
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