[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Rules and Regulations]
[Pages 3414-3415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-568]
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DEPARTMENT OF DEFENSE
48 CFR Part 219 and Appendix I to Chapter 2
[DFARS Case 2004-D028]
Defense Acquisition Regulations System; Defense Federal
Acquisition Regulation Supplement; DoD Pilot Mentor-
Prot[eacute]g[eacute] Program
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Sections 841 and 842 of the National Defense Authorization
Act for Fiscal Year 2005. Section 841 extends the length of the DoD
Pilot Mentor-Prot[eacute]g[eacute] Program for 5 additional years.
Section 842 expands the Program to permit service-disabled veteran-
owned small business concerns and HUBZone small business concerns to
participate in the Program as prot[eacute]g[eacute] firms.
EFFECTIVE DATE: January 23, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289;
facsimile (703) 602-0350. Please cite DFARS Case 2004-D028.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 70 FR 29644 on May 24, 2005, to
implement Sections 841 and 842 of the National Defense Authorization
Act for Fiscal Year 2005 (Pub. L. 108-375). Section 841 extends,
through September 30, 2010, the period during which companies may enter
into agreements under the DoD Pilot Mentor-Prot[eacute]g[eacute]
Program; and extends, through September 30, 2013, the period during
which mentor firms may incur costs that are eligible for reimbursement
or credit under the Program. Section 842 expands the Program to permit
service-disabled veteran-owned small business concerns and HUBZone
small business concerns to participate in the Program as
prot[eacute]g[eacute] firms.
One source submitted comments on the interim rule. The respondent
supported the rule, but recommended that DoD amend the rule to permit
historically black colleges and universities and minority institutions
(HBCU/MIs) to participate in the Program as prot[eacute]g[eacute]
firms. DoD was unable to adopt this recommendation, as there is
presently no statutory authority that would permit expanding the
Program to include HBCU/MIs. Therefore, DoD has adopted the interim
rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
[[Page 3415]]
B. Regulatory Flexibility Act
DoD has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact specified herein. The analysis is summarized as
follows:
This final rule implements Sections 841 and 842 of the National
Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375).
Section 841 extends, through September 30, 2010, the period during
which companies may enter into agreements under the DoD Pilot Mentor-
Prot[eacute]g[eacute] Program; and extends, through September 30, 2013,
the period during which mentor firms may incur costs that are eligible
for reimbursement or credit under the Program. Section 842 expands the
Program to permit service-disabled veteran-owned small business
concerns and HUBZone small business concerns to participate in the
Program as prot[eacute]g[eacute] firms. The Program provides incentives
for DoD contractors to assist prot[eacute]g[eacute] firms in enhancing
their capabilities and increasing their participation in Government and
commercial contracts.
DoD received no public comments in response to the initial
regulatory flexibility analysis. However, DoD received a comment in
response to the interim rule that recommended amendment of the rule to
permit historically black colleges and universities and minority
institutions (HBCU/MIs) to participate in the DoD Pilot Mentor-
Prot[eacute]g[eacute] Program as prot[eacute]g[eacute] firms. DoD was
unable to adopt this recommendation, as there is presently no statutory
authority that would permit expanding the Program to include HBCU/MIs.
Presently, there are 5,737 service-disabled veteran-owned small
business concerns and 12,281 HUBZone small business concerns registered
in the Central Contractor Registration database; and presently, there
are 134 active mentor-prot[eacute]g[eacute] agreements. Each
prot[eacute]g[eacute] firm must provide data to its mentor firm,
annually for submission to the Government, regarding the progress of
the prot[eacute]g[eacute] firm in employment, revenues, and
participation in DoD contracts. The data is required for each fiscal
year of the Program participation term and for each of the two fiscal
years following the expiration of the Program participation term. This
information should be readily available to a company as part of its
normal business practices.
The rule is expected to have a beneficial impact on service-
disabled veteran-owned small business concerns and HUBZone small
business concerns. There are no known significant alternatives to the
rule. Participation in the DoD Pilot Mentor-Prot[eacute]g[eacute]
Program is voluntary.
C. Paperwork Reduction Act
The information collection requirements of the DoD Pilot Mentor-
Prot[eacute]g[eacute] Program have been approved by the Office of
Management and Budget under Control Number 0704-0332, for use through
May 31, 2007.
List of Subjects in 48 CFR Part 219
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR Part 219 and Appendix
I to Chapter 2, which was published at 70 FR 29644 on May 24, 2005, is
adopted as a final rule without change.
[FR Doc. 06-568 Filed 1-20-06; 8:45 am]
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