[Federal Register Volume 73, Number 112 (Tuesday, June 10, 2008)]
[Proposed Rules]
[Pages 32669-32674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12923]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 519 and 552
[GSAR Case 2006-G501; Docket 2008-0007; Sequence 2]
RIN 3090-AI56
General Services Acquisition Regulation; GSAR Case 2006-G501; GSA
Mentor-Prot[eacute]g[eacute] Program
AGENCY: Office of the Chief Acquisition Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
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SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Acquisition Regulation (GSAR) to establish a
GSA Mentor-Prot[eacute]g[eacute] Program. The GSA Mentor-
Prot[eacute]g[eacute] Program is designed to encourage GSA prime
contractors to assist small businesses, small disadvantaged businesses,
women-owned small businesses, veteran-owned small businesses, service-
disabled veteran-owned small businesses, and HUBZone small businesses
in enhancing their capabilities to perform GSA contracts and
subcontracts, foster the establishment of long-term business
relationships between these small business entities and GSA prime
contractors, and increase the overall number of small business entities
that receive GSA contract and subcontract awards.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before August 11, 2008 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by GSAR Case 2006-G501 by any of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by inputting ``GSAR Case
2006-G501'' under the heading ``Comment or Submission''. Select the
link ``Send a Comment or Submission'' that corresponds with GSAR Case
2006-G501. Follow the instructions provided to complete the ``Public
Comment and Submission Form''. Please include your name, company name
(if any), and ``GSAR Case 2006-G501'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street, NW, Room 4041, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite GSAR Case 2006-
G501 in all correspondence related to this case. All comments received
will be posted without change to http://www.regulations.gov, including
any personal and/or business confidential information provided.
FOR FURTHER INFORMATION CONTACT For clarification of content, contact
Ms. Rhonda Cundiff at (202) 501-0044. For information pertaining to the
status or publication schedules, contact the Regulatory Secretariat
(VPR), Room 4041, GS Building, Washington, DC 20405, (202) 501-4755.
Please cite GSAR Case 2006-G501.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends the General Services Administration
Acquisition Regulation (GSAR) by adding a new Subpart, 519.70, GSA
Mentor-Prot[eacute]g[eacute] Program, which outlines the Agency's
Mentor-Prot[eacute]g[eacute] Program.
Associated contract clauses are added at 552.219-75, GSA Mentor-
Prot[eacute]g[eacute] Program, and 552.219-76, Mentor Requirements and
Evaluation. GSA strongly supports increasing opportunities for small
business concerns, recognizing the continuing need to develop the
capabilities of small business, small disadvantaged business, HUBZone
small businesses, veteran-owned small businesses, service-disabled
veteran-owned small businesses and women-owned small businesses to
perform contracts and subcontracts for GSA.
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 changes may 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 will provide
an opportunity for small business concerns to become
prot[eacute]g[eacute]s and receive developmental assistance from GSA
prime contractors under GSA contracts. The GSA Mentor-
Prot[eacute]g[eacute] Program is intended to provide subcontracting
opportunities for prot[eacute]g[eacute]s to gain valuable experience
and knowledge about Federal Government contracting.
An Initial Regulatory Flexibility Analysis (IRFA) has been
prepared. The analysis is summarized as follows:
This proposed rule establishes a GSA Mentor-
Prot[eacute]g[eacute] Program to encourage GSA prime contractors to
assist small businesses, small disadvantaged businesses, women-owned
small businesses, veteran-owned small businesses, service-disabled
veteran-owned small businesses, and HUBZone small businesses in
enhancing their capabilities to perform GSA contracts and
subcontracts, foster the establishment of long-term business
relationships between these small business entities and GSA prime
contractors, and increase the overall number of small business
entities that receive GSA contract and subcontract awards.
In accordance with the Small Business Act, it is the policy of
the Government to provide maximum practicable opportunities in its
acquisitions to these small business concerns and allow them to have
the maximum practicable opportunity to participate as subcontractors
in the contracts awarded by any executive agency, consistent with
efficient contract performance. The General Services Administration
Mentor-Prot[eacute]g[eacute] Program is designed to assist in this
policy by encouraging GSA prime contractors to assist small
businesses in enhancing their capabilities to perform contracts and
subcontracts.
The entities to which this rulemaking would apply are small
business prot[eacute]g[eacute]s. It is estimated that there will be
approximately 150 small business concerns impacted by this rule. The
prot[eacute]g[eacute]s (small businesses) will be completing the
Agreement with the mentor. In addition, the prot[eacute]g[eacute]s
may complete voluntary reports pertaining to the GSA Mentor-
Prot[eacute]g[eacute] Program.
The Regulatory Secretariat will be submitting a copy of the IRFA to
the Chief Counsel for Advocacy of the Small Business Administration. A
copy of the IRFA may be obtained from the Regulatory Secretariat. GSA
will consider comments from small entities concerning the affected GSAR
parts 519 and 552 in accordance with 5 U.S.C. 610. Comments must be
submitted separately and should cite 5 U.S.C. 601, et seq. (GSAR Case
2006-G501), in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies because the
proposed rule contains information collection
[[Page 32670]]
requirements. Accordingly, the Regulatory Secretariat will be
submitting a request for approval of a new information collection
requirement concerning 3090-00XX, GSAR Case 2006-G501, GSA Mentor-
Prot[eacute]g[eacute] Program, to the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
Annual Reporting Burden:
Public reporting burden for this collection of information is
estimated to average 3 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
The annual reporting burden is estimated as follows:
Respondents: 300.
Responses per respondent: 4.
Total annual responses: 1200.
Preparation hours per response: 3.
Total response burden hours: 3600.
D. Request for Comments Regarding Paperwork Burden
Submit comments, including suggestions for reducing this burden,
not later than August 11, 2008 to: GSAR Desk Officer, OMB, Room 10102,
NEOB, Washington, DC 20503, and a copy to the General Services
Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room
4041, Washington, DC 20405.
Public comments are particularly invited on: whether this
collection of information is necessary for the proper performance of
functions of the GSAR, and will have practical utility; whether our
estimate of the public burden of this collection of information is
accurate, and based on valid assumptions and methodology; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways in which we can minimize the burden of the
collection of information on those who are to respond, through the use
of appropriate technological collection techniques or other forms of
information technology.
Requester may obtain a copy of the justification from the General
Services Administration, Regulatory Secretariat (VPR), Room 4041,
Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control
Number 3090-XXXX, GSAR Case 2006-G501, The GSA Mentor-
Prot[eacute]g[eacute] Program, in all correspondence.
List of Subjects in 48 CFR Parts 519 and 552
Government procurement.
Dated: June 3, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR parts 519 and 552 as set
forth below:
1. The authority citation for 48 CFR parts 519 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 519--SMALL BUSINESS PROGRAMS
2. Add Subpart 519.70 to read as follows:
Sec.
519.7001 Scope of subpart.
519.7002 Definitions.
519.7003 General policy.
519.7004 Incentives for prime contractor participation.
519.7005 Measurement of program success.
519.7006 Mentor firms.
519.7007 Prot[eacute]g[eacute] firms.
519.7008 Selection of prot[eacute]g[eacute] firms.
519.7009 Application process for mentor firms to participate in the
Program.
519.7010 Application review and mentor-prot[eacute]g[eacute]
Agreement process.
519.7011 Agreement contents.
519.7012 Developmental assistance.
519.7013 Obligation.
519.7014 Internal controls.
519.7015 Reports.
519.7016 Program review.
519.7017 Contract clauses.
Subpart 519.70--GSA Mentor-Prot[eacute]g[eacute] Program
519.7001 Scope of subpart.
The GSA Mentor-Prot[eacute]g[eacute] Program is designed to
encourage and motivate GSA prime contractors to assist small
businesses, small disadvantaged businesses, women-owned small
businesses, veteran-owned small businesses, service-disabled veteran-
owned small businesses, and HUBZone small businesses, and enhance their
capabilities to perform GSA contracts and subcontracts, foster the
establishment of long-term business relationships between these small
business entities and GSA prime contractors, and increase the overall
number of small business entities that receive GSA contract and
subcontract awards.
519.7002 Definitions.
The definitions of small business concern, small disadvantaged
business concern, HUBZone small business concern, women-owned small
business concern, veteran-owned small business concern, and service-
disabled veteran-owned small business concern are the same as found in
FAR 2.101. (Also, see 13 CFR Parts 121, 124, 125 and 126 of the Small
Business Administration Regulation.)
(a) Mentor as used in the GSA Mentor-Prot[eacute]g[eacute] Program
is a prime contractor that elects, on a specific GSA contract, to
promote and develop small business subcontractors by providing
developmental assistance designed to enhance the business success of
the prot[eacute]g[eacute].
(b) Mentor-Prot[eacute]g[eacute] Program Manager means the head of
the Office of Small Business Utilization (OSBU (E)).
(c) Prot[eacute]g[eacute] as used in the GSA Mentor-
Prot[eacute]g[eacute] Program is a small business who is the recipient
of developmental assistance pursuant to a mentor-prot[eacute]g[eacute]
arrangement on a specific contract.
519.7003 General policy.
(a) A large business prime contractor which meets the requirements
at 519.7006 and is approved as a mentor firm by the Mentor-
Prot[eacute]g[eacute] Program Manager may enter into an Agreement with
a small business, small disadvantaged business, women-owned small
business, veteran-owned small business and HUBZone small business which
meets the requirements for being a prot[eacute]g[eacute] (see 519.7007)
to provide appropriate developmental assistance to enhance the
capabilities of the prot[eacute]g[eacute] to perform as a subcontractor
and supplier.
(b) A small business prime contractor which is capable of providing
developmental assistance to prot[eacute]g[eacute]s, may also be
approved as a mentor.
(c) An active mentor-prot[eacute]g[eacute] arrangement requires the
Prot[eacute]g[eacute] to be a subcontractor under the mentor's prime
contract with GSA.
(d) A firm's status as a prot[eacute]g[eacute] under a GSA contract
shall not have an effect on the firm's ability to seek other prime
contracts or subcontracts.
(e) Mentors may join the GSA Mentor-Prot[eacute]g[eacute] Program
at any time as long as they meet the requirements at 519.7006.
519.7004 Incentives for prime contractor participation.
(a) Under the Small Business Act, 15 U.S.C. 637(d)(4)(E), the GSA
is authorized to provide appropriate incentives to encourage
subcontracting opportunities for small business consistent with the
efficient and economical performance of the contract. This authority is
limited to negotiated procurements.
(b) Costs incurred by a mentor to provide developmental assistance,
as described in 519.7012 to fulfill the terms of their agreement(s)
with a prot[eacute]g[eacute] firm(s), are not reimbursable as a direct
cost under a GSA contract. If
[[Page 32671]]
GSA is the mentor's responsible audit agency under FAR 42.703-1, GSA
will consider these costs in determining indirect cost rates. If GSA is
not the responsible audit agency, mentors are encouraged to enter into
an advance Agreement with their responsible audit agency on the
treatment of such costs when determining indirect cost rates.
(c) In addition to paragraph (b) of this section, contracting
officers may give mentors evaluation credit under FAR 15.101-1
considerations for subcontracts awarded pursuant to their Mentor-
Prot[eacute]g[eacute] Agreements and their subcontracting plans.
Therefore--
(1) Contracting officers may evaluate subcontracting plans
containing Mentor-Prot[eacute]g[eacute] Agreements more favorablythan
subcontracting plans without Mentor-Prot[eacute]g[eacute] Agreements;
and
(2) Contracting officers may assess the prime contractor's
compliance with the subcontracting plans submitted in previous
contracts as a factor in evaluating past performance under certain
circumstances (see FAR 15.304(b)(3), and 15.305(a)(2)(v)), and
determining contractor responsibility 19.705-5(a)(1).
(d) OSBU Mentoring Award. A non-monetary award may be presented
annually to the mentoring firm providing the most effective
developmental support of a prot[eacute]g[eacute]. The Mentor-
Prot[eacute]g[eacute] Program Manager will recommend an award winner to
the GSA Administrator.
(e) OSBU Mentor-Prot[eacute]g[eacute] Annual Conference. At the
conclusion of each year in the GSA Mentor-Prot[eacute]g[eacute]
Program, mentor firms will be invited to brief contracting officers,
program leaders, office directors, and other guests on Program
progress. Participation is voluntary.
519.7005 Measurement of program success.
The overall success of the GSA 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 number, dollar value and percentage of
subcontracts awarded to prot[eacute]g[eacute]s by mentor firms under
GSA contracts since the date of entry into the Program;
(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 (under GSA contracts, contracts awarded by
other Federal agencies, and under commercial contracts);
(c) An increase in the number and dollar value of subcontracts
awarded to a prot[eacute]g[eacute] firm by its mentor firm; and
(d) An increase in subcontracting with prot[eacute]g[eacute] firms
in industry categories where they have not traditionally participated
within the mentor firm's activity.
519.7006 Mentor firms.
(a) Mentors must be--
(1) A large business prime contractor that is currently, or has
performed under at least one approved subcontracting plan awarded under
a negotiated contract within the last five years, as required by FAR
Subpart 19.7; Small business mentors are exempted; or
(2) A small business prime contractor that can provide
developmental assistance to enhance the capabilities of
prot[eacute]g[eacute]s to perform as subcontractors and suppliers;
(b) Must be eligible (not listed in the ``Excluded Parties List
System'') for U.S. Government contracts and not excluded from the GSA
Mentor-Prot[eacute]g[eacute] Program under 519.7014(b);
(c) Must be able to provide developmental assistance that will
enhance the ability of prot[eacute]g[eacute] to perform as
subcontractors; and
(d) Must provide semi-annual reports detailing the assistance
provided and the cost incurred in supporting prot[eacute]g[eacute]s.
519.7007 Prot[eacute]g[eacute] firms.
(a) For selection as a prot[eacute]g[eacute], a firm must be--
(1) A small business concern, small disadvantaged business concern,
veteran-owned small business concern, service-disabled veteran-owned
small business concern, HUBZone small business concern, or women-owned
small business concern;
(2) Small for the NAICS code the prime contractor/mentor assigns to
the subcontract; and
(3) Eligible (not listed in the ``Excluded Parties List System'')
for U.S. Government contracts and not excluded from the GSA Mentor-
Prot[eacute]g[eacute] Program under 519.7014(b);
(b) A prot[eacute]g[eacute] firm may self-represent to a mentor
firm that it meets the requirements set forth in paragraph (a) of this
section. Mentors may check the Central Contractor Registration (CCR) at
www.ccr.gov to verify the self-representations of the potential
prot[eacute]g[eacute]s that they meet the specified small business and
socioeconomic category eligibility requirements (see 19.703(b) and
(d)). HUBZone and small disadvantaged business status eligibility and
documentation requirements are determined according to 13 CFR parts 124
and 126.
(c) A prot[eacute]g[eacute] firm must not have another formal,
active mentor-prot[eacute]g[eacute] relationship under GSA's Mentor-
Prot[eacute]g[eacute] Program but may have an active mentor-
prot[eacute]g[eacute] relationship in another agency's program.
519.7008 Selection of prot[eacute]g[eacute] firms.
(a) Mentor firms will be solely responsible for selecting
prot[eacute]g[eacute] firms. Mentors are encouraged to select from a
broad base of small business including small disadvantaged business,
women-owned small business, veteran-owned small business, service-
disabled veteran-owned small business, and HUBZone small business.
(b) Mentor firms may have more than one prot[eacute]g[eacute].
(c) The selection of prot[eacute]g[eacute] firms by mentor firms
may not be protested, except for a protest regarding the size or
eligibility status of an entity selected by a mentor to be a
prot[eacute]g[eacute]. Such protests shall be handled in accordance
with FAR 19.703(b). The contracting officer shall notify the Office of
Small Business Utilization (OSBU) of the protest.
519.7009 Application process for mentor firms to participate in the
Program.
(a) Prime contractors interested in becoming a mentor firm must
submit a request to be approved under the Program to the GSA Mentor-
Prot[eacute]g[eacute] Program Manager, at GSA Office of Small Business
Utilization (E), Washington, DC 20405. The Application will be
evaluated on the extent to which the company plans to provide
developmental assistance.
(b) The request must contain--
(1) A statement that the mentor firm is currently performing under
at least one active approved subcontracting plan (small business
exempted) and that they are eligible, as of the date of Application,
for the award of Federal contracts;
(2) The number of proposed prot[eacute]g[eacute] arrangements;
(3) Data on all current GSA contracts, and subcontracts to include
the contract/subcontract number(s), type of contract(s), period of
performance (including options), contract/subcontract value(s)
including options, technical Program effort(s) (Program title), name of
GSA Project Manager or Contracting Officer's Representative (including
contact information), name of contracting officer(s)and contact
information, and awarding GSA installation;
(4) Data on total number and dollar value of subcontracts awarded
under GSA prime contracts within the past 2 years and the number and
dollar value of such subcontracts awarded to entities who are proposed
prot[eacute]g[eacute]s;
(5) Information on the proposed types of developmental assistance.
For each
[[Page 32672]]
proposed mentor-prot[eacute]g[eacute] relationship include information
on the company's ability to provide developmental assistance to the
identified prot[eacute]g[eacute] firm and how that assistance will
potentially increase subcontracting opportunities for the
prot[eacute]g[eacute] firm, including subcontracting opportunities in
industry categories where these entities are not dominant in the
company's current subcontractor base; and
(6) A Letter of Intent signed by both parties. At a minimum, the
Letter of Intent must include the stated commitment that the parties
intend to enter into a mentor-prot[eacute]g[eacute] Agreement under the
GSA Program, that they intend to cooperate in the establishment of a
suitable developmental assistance Program to meet their respective
needs, and that they agree to comply with the obligations in 519.7013
and all other applicable provisions governing the Program.
519.7010 Application review and mentor-prot[eacute]g[eacute]
Agreement process.
(a)(1) Application process. The information specified in
519.7009(b) is reviewed by the GSA Mentor-Prot[eacute]g[eacute] Program
Manager. This review will be completed no later than 30 days after
receipt by the Mentor-Prot[eacute]g[eacute] Program Manager OSBU. The
Mentor-Prot[eacute]g[eacute] Program Manager will provide a copy of the
submitted information to the contracting officer and if applicable the
cognizant GSA technical Program Manager for a parallel review and
concurrence.
(2) If the Mentor-Prot[eacute]g[eacute] Program Manager approves
the Application, then the mentor--
(i) Negotiates a mentor-prot[eacute]g[eacute] Agreement with the
prot[eacute]g[eacute]; and
(ii) Submits an original and two (2) copies of the Agreement to the
GSA Mentor-Prot[eacute]g[eacute] Program Manager for approval.
(3) If Mentor-Prot[eacute]g[eacute] Program Manager disapproves the
application, then the mentor may provide additional information for
reconsideration. The review of any supplemental material will be
completed within 30 days after receipt by the Mentor-
Prot[eacute]g[eacute] Program Manager. Upon finding deficiencies that
GSA considers correctable, the Mentor-Prot[eacute]g[eacute] Program
Manager will notify the mentor and request information to be provided
within 30 days that may correct the deficiencies.
(b) The Mentor-Prot[eacute]g[eacute] Program Manager will provide a
copy of the Agreement to the contracting officer, and if applicable the
cognizant GSA technical Program Manager, for a parallel review and
concurrence. The Mentor-Prot[eacute]g[eacute] Program Manager, the GSA
technical Program Manager, and the contracting officer must approve or
disapprove the Agreement within 60 days.
(c) Upon notification by the Mentor-Prot[eacute]g[eacute] Program
Manager that all the GSA parties have approved the Agreement, the
mentor may implement a developmental assistance Program.
(d) The contracting officer will incorporate an approved Agreement
into the mentor's contract(s) with GSA. It should be added to the
subcontracting plan.
519.7011 Agreement contents.
The contents of the Agreement must contain--
(a) Names, addresses (including facsimile, e-mail, and homepage)
and telephone numbers of mentor and prot[eacute]g[eacute] firms and the
name, telephone number, and position title within both firms of the
person who will oversee the Agreement;
(b) An eligibility statement from the prot[eacute]g[eacute] stating
that it is a small business, its primary NAICs code, and when
applicable the type of small business (small disadvantaged business
concern, HUBZone small business concern, women-owned small business
concern, veteran-owned small business concern, service-disabled
veteran-owned small business concern);
(c) A description of the type of developmental Program that will be
provided by the mentor firm to the prot[eacute]g[eacute] firm (see
519.7012);
(d) Milestones for providing the identified developmental
assistance;
(e) Factors to assess the prot[eacute]g[eacute] firms developmental
progress under the Program;
(f) The anticipated dollar value and type of subcontracts that may
be awarded to the prot[eacute]g[eacute] firm consistent with the extent
and nature of mentor firm's business, and the period of time over which
they may be awarded;
(g) Program participation term. State the period of time over which
the developmental assistance will be performed;
(h) Mentor termination procedures. Describe the procedures for the
mentor firm to notify the Prot[eacute]g[eacute] firm, in writing, at
least 30 days in advance of the mentor firm's intent to voluntarily
withdraw its participation in the Program, or to terminate the
Agreement;
(i) Prot[eacute]g[eacute] Termination From the Program. Describe
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 terminate the mentor-
prot[eacute]g[eacute] Agreement;
(j) Plan for accomplishing contract work should the Mentor-
Prot[eacute]g[eacute] Agreement be terminated or a party excluded under
519.7014(b). The mentor prime's contract with GSA continues even if the
Mentor-Prot[eacute]g[eacute] Agreement or the GSA Mentor-
Prot[eacute]g[eacute] Program is discontinued;
(k) The prot[eacute]g[eacute] must agree to provide input into the
mentor firm's semi-annual reports (see 519.7015). The
prot[eacute]g[eacute] must submit a ``lessons learned'' evaluation
along with the mentor firm at the conclusion of the Mentor-
Prot[eacute]g[eacute] agreement; and
(l) Other terms and conditions, as appropriate.
519.7012 Developmental assistance.
The forms of developmental assistance a mentor can provide to a
prot[eacute]g[eacute] include--
(a) Management guidance relating to--
(1) Financial management;
(2) Organizational management;
(3) Overall business management/planning; and
(4) Business development;
(b) Engineering and other technical assistance;
(c) Loans;
(d) Rent-free use of facilities and/or equipment;
(e) Temporary assignment of personnel to the prot[eacute]g[eacute]
for purpose of training;
(f) Subcontracts awarded to prot[eacute]g[eacute] firms under this
Program are exempt from competition requirements, notwithstanding
52.244-5. However, price reasonableness should still be determined; or
(g) Any other types of permissible, mutually beneficial assistance.
519.7013 Obligation.
(a) The mentor or prot[eacute]g[eacute] may terminate the Agreement
in accordance with 519.7011. The mentor will notify the Mentor-
Prot[eacute]g[eacute] Program Manager and the contracting officer, in
writing, at least 30 days in advance of the mentor firm's intent to
voluntarily withdraw from the Program or to terminate the Agreement, or
upon receipt of a prot[eacute]g[eacute]'s notice to withdraw from the
Program.
(b) Mentor and prot[eacute]g[eacute] firms will submit a ``lessons
learned'' evaluation to the GSA Mentor-Prot[eacute]g[eacute] Program
Manager at the conclusion of each Mentor-Prot[eacute]g[eacute]
Agreement.
519.7014 Internal controls.
(a) The GSA Mentor-Prot[eacute]g[eacute] Program Manager will
manage the Program. Internal controls will be established by the
Mentor-Prot[eacute]g[eacute] Program Manager to achieve the stated
Program objectives (by serving as checks and balances
[[Page 32673]]
against undesired actions or consequences) such as the following:
(1) Reviewing and evaluating mentor Applications for realism,
validity and accuracy of provided information.
(2) Reviewing any semi-annual progress reports submitted by mentors
and prot[eacute]g[eacute]s on prot[eacute]g[eacute] development to
measure prot[eacute]g[eacute] progress against the master plan
contained in the approved Agreement.
(b) GSA has the authority to exclude mentor or
prot[eacute]g[eacute] firms from participating in the GSA Program.
(1) The contracting officer or technical Program Manager can
recommend exclusion and the length of exclusion from the Program. These
actions shall be approved by the GSA Mentor-Prot[eacute]g[eacute]
Program Manager.
(2) If GSA has good cause to exclude a mentor or a
prot[eacute]g[eacute] from the Program, the GSA Office of Small
Business Utilization will deliver to the contractor a Notice specifying
the reason for Program exclusion and the effective date.
(3) The exclusion from the Program does not constitute a
termination of the subcontract between the mentor and the
prot[eacute]g[eacute].
519.7015 Reports.
(a) Semi-annual reports shall be submitted by the mentor to the GSA
Mentor-Prot[eacute]g[eacute] Program Manager to include information as
outlined in 552.219-76(c).
(b) Prot[eacute]g[eacute]s must agree to provide input into the
mentor firm's semi-annual reports detailing the assistance provided and
goals achieved since agreement inception. However, for cost
reimbursable contracts, costs associated with the preparation of these
reports are unallowable costs under these Government contracts and will
not be reimbursed by the Government.
(c) The GSA contracting officer, or if applicable the technical
Program Manager, shall include an assessment of the prime contractor's
(mentor's) performance in the Mentor-Prot[eacute]g[eacute] Program in a
quarterly `Strengths and Weaknesses' evaluation report. A copy of this
assessment will be provided to the Mentor-Prot[eacute]g[eacute] Program
Manager and to the mentor and prot[eacute]g[eacute].
519.7016 Program review.
At the conclusion of each year in the GSA Mentor-
Prot[eacute]g[eacute] Program (anniversary date of the GSA Mentor-
Prot[eacute]g[eacute] Program), the prime contractor and
prot[eacute]g[eacute], as appropriate, will formally brief the GSA
Mentor-Prot[eacute]g[eacute] Program Manager, the technical Program
Manager, and the contracting officer regarding Mentor-
Prot[eacute]g[eacute] Program accomplishments pertaining to the
approved Agreement.
519.7017 Contract clauses.
(a) The contracting officer shall insert the clause at 552.219-75,
GSA Mentor-Prot[eacute]g[eacute] Program, in all unrestricted
solicitations and contracts that exceed the simplified acquisition
threshold.
(b) The contracting officer shall insert the clause at 552.219-76,
Mentor Requirements and Evaluation, in contracts anticipated to exceed
the simplified acquisition threshold.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Add sections 552.219-XX and 552.219-YY to read as follows:
552.219-XX GSA Mentor-Prot[eacute]g[eacute] Program.
As prescribed in 519.7017(a), insert the following clause:
GSA Mentor-Prot[eacute]g[eacute] Program (DATE)
(a) Prime Contractors, including small businesses, are encouraged
to participate in the GSA Mentor-Prot[eacute]g[eacute] Program for the
purpose of providing developmental assistance to eligible
prot[eacute]g[eacute] entities to enhance their capabilities and
increase their participation in GSA contracts.
(b) The Program consists of--
(1) Mentor firms, which are large prime Contractors with at least
one active subcontracting plan, or which are eligible small businesses;
(2) Prot[eacute]g[eacute]s, which are subcontractors to the prime
Contractor, include small business concerns, small disadvantaged
business concerns, veteran-owned small business concerns, service-
disabled veteran-owned small business concerns, HUBZone small business
concerns, and women-owned small business concerns meeting the
qualifications specified in Subpart 519.70; and
(3) Mentor-prot[eacute]g[eacute] Applications and Agreements,
approved by the Mentor-Prot[eacute]g[eacute] Program Manager in the GSA
Office of Small Business Utilization (OSBU).
(c) Mentor participation in the Program 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 GSA contracts and subcontracts.
(d) Contractors interested in participating in the Program are
encouraged to read GSAR Subpart 19.7 and to contact the GSA Office of
Small Business Utilization (E), Washington, DC 20405, (202) 501-1021,
for further information.
(End of clause)
552.219-YY Mentor Requirements and Evaluation.
As prescribed in 519.7017(b), insert the following clause:
Mentor Requirements and Evaluation (DATE)
(a) The purpose of the GSA Mentor-Prot[eacute]g[eacute] Program is
for a GSA prime Contractor to provide developmental assistance to
certain subcontractors qualifying as prot[eacute]g[eacute]s. Eligible
prot[eacute]g[eacute]s include small business concerns, small
disadvantaged business concerns, veteran-owned small business concerns,
service-disabled veteran-owned small business concerns, HUBZone small
business concerns, and women-owned small business concerns meeting the
qualifications specified in 519.7007. The Program requires an
Application process and an Agreement between the mentor and the
prot[eacute]g[eacute]. See GSAR Subpart 519.70 for more information.
(b) GSA will evaluate a GSA mentor's performance on the following
factors:
(1) Specific actions taken by the Contractor, during the evaluation
period, to increase the participation of its prot[eacute]g[eacute] as a
subcontractor and supplier.
(2) Specific actions taken by the Contractor during this evaluation
period to develop the technical and corporate administrative expertise
of its prot[eacute]g[eacute] as defined in the Agreement.
(3) To what extent the prot[eacute]g[eacute] has met the
developmental objectives in the Agreement.
(4) To what extent the firm's participation in the GSA Mentor-
Prot[eacute]g[eacute] Program resulted in the prot[eacute]g[eacute]
receiving competitive contract(s) and subcontract(s) from private firms
other than the mentor, and from agencies.
(c) Semi-annual reports shall be submitted by a GSA the mentor to
the GSA Mentor-Prot[eacute]g[eacute] Program Manager, GSA Office of
Small Business Utilization (E), Washington, DC 20405. The reports must
include information as outlined in paragraph (b) of this clause.
(d) A GSA mentor will notify the GSA Mentor-Prot[eacute]g[eacute]
Program Manager and the Contracting Officer, in writing, at least 30
days in advance of the mentor firm's intent to voluntarily withdraw
from the GSA Program or terminate the Agreement, or upon receipt of a
prot[eacute]g[eacute]'s notice to withdraw from the Program.
(e) GSA mentor and prot[eacute]g[eacute] firms will submit a
``lessons learned'' evaluation to the GSA Mentor-Prot[eacute]g[eacute]
Program Manager at the conclusion of the Mentor-Prot[eacute]g[eacute]
Agreement. At the end of each year in the GSA Mentor-
Prot[eacute]g[eacute] Program, the mentor and prot[eacute]g[eacute], as
appropriate, will formally brief the GSA Mentor-Prot[eacute]g[eacute]
Program Manager, the
[[Page 32674]]
technical Program Manager, and the Contracting Officer during a formal
Program review regarding Program accomplishments as pertains to the
approved Agreement.
(f) GSA has the authority to exclude mentor or
prot[eacute]g[eacute] firms from participating in the GSA Program. The
Contracting Officer or technical Program Manager can recommend
exclusion and the length of exclusion from the Program. These actions
shall be approved by the GSA Mentor-Prot[eacute]g[eacute] Program
Manager. If GSA has good cause to exclude a mentor or a
prot[eacute]g[eacute] from the Program, the GSA Office of Small
Business Utilization will deliver to the Contractor a Notice specifying
the reason for Program exclusion and the effective date. The exclusion
from the Program 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 as required in 519.7011(j).
(g) Subcontracts awarded to GSA prot[eacute]g[eacute] firms under
this Program are exempt from competition requirements, notwithstanding
52.244-5. However, price reasonableness should still be determined.
(End of clause)
[FR Doc. E8-12923 Filed 6-9-08; 8:45 am]
BILLING CODE 6820-61-S