[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Rules and Regulations]
[Pages 25671-25677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12487]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1819 and 1852
RIN 2700-AD41
NASA Mentor-Prot[eacute]g[eacute] Program
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
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SUMMARY: This final rule amends the NASA FAR Supplement (NFS) to update
the procedures for NASA's Mentor-Prot[eacute]g[eacute] program. The
changes will streamline the program; align the mentoring to technical
skills; expand the program to Veteran-owned, HUBZone, and NASA Small
Business Innovation Research (SBIR) Phase II small businesses; and
include award fee incentives.
DATES: Effective date: May 29, 2009.
Applicability date: NASA's revised procedures for the Mentor-
Prot[eacute]g[eacute] program will be effective for new applications
that are submitted on or after May 29, 2009.
FOR FURTHER INFORMATION CONTACT: Sandra Morris, Office of Procurement,
Contract Management Division, (202) 358-0532; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
A. Background
On September 19, 2008, the National Aeronautics and Space
Administration (NASA) published in the Federal Register (73 FR 54340-
54345), a proposed rule, with request for comments, to amend its
regulations governing the NASA Mentor-Prot[eacute]g[eacute] Program.
This program is authorized under Title 42, U.S.C., 2473(c)(1).
Specifically, the proposed rule defined the new program's eligibility
requirements, and agreement submission and approval process. It also
introduced mentor award fee incentives and explained the calculated
subcontracting credit pursuant to FAR 52.219-9, Small Business
Subcontracting Plan.
Discussion of Comments on the Proposed Rule
The comment period for the proposed rule closed on November 18,
2008. NASA received substantive comments from eight commenters. One of
the commenters opposed NASA's approach to implementation of the
proposed rule, and the remaining seven supported it.
The commenter who opposed NASA's approach as set forth in the
proposed rule felt that there are already adequate numbers of
specialized programs for various small businesses, and stated that they
adversely impact the opportunities for regular small business entities.
Of the seven commenters who generally supported the proposed rule,
about half sought to be included in the mentoring program or requested
referrals, and the other half requested that specific language be added
to the rule.
Based on NASA's evaluation of the comments and the purpose of the
rule, NASA modified the proposed rule in response to issues raised in
the comments. As discussed below, this final rule provides definitions
and clarifications of NASA's Mentor Prot[eacute]g[eacute] program. The
following is an analysis of the substantive comments and NASA's
corresponding responses.
[[Page 25672]]
Requirements To Qualify as a Prot[eacute]g[eacute]
Three of the commenters expressed the view that the proposed
eligibility requirements in section 1819.7202(b) Eligibility of
Prot[eacute]g[eacute]s, should be expanded to include non-profit
agencies for the blind or a qualified nonprofit agency for the severely
disabled. The suggestion was made to add the following under paragraph
(b)(1) ``or a qualified non-profit agency for the blind or a qualified
nonprofit agency for other severely disabled as defined in 41 CFR 51-4
under the Ability One Program.''
Response: NASA has modified section 1819.7202 ``Eligibility'' by
adding under paragraph (b)(1) ``Eligibility of Prot[eacute]g[eacute],
nonprofit agencies employing people who are blind or severely
disabled''.
Award Fee
One commenter asked for additional clarification regarding award
fees. According to this commenter, the new rule appears to eliminate
the existing award fee provisions and introduces a new award fee
incentive for companies which mentor SBIR II prot[eacute]g[eacute]
firms. The commenter states that 1819.7215(b)(4) provides that ``[i]n
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
1819.7209.'' The commenter further notes that the new 1819.7209
addresses credit agreements and reimbursement of certain costs
associated with providing developmental assistance, and asks whether
award fees will be limited to arrangements with SBIR II companies, or
if preexisting award fees will still be available. Could the agency
mean that when a prime contract contains an award fee incentive,
participation as a mentor will be favorably factored into the award fee
determination?
Response: The correct citation for the referenced language is
1852.219-77 rather than 1819.7215(b)(4). The award fee evaluation
criteria as stated in NFS 1816.405-274(g)(3) remains unchanged. NFS
1816.405-274(g)(3) states that the contractor's achievements in
subcontracting high technology efforts as well as the contractor's
performance under the Mentor-Prot[eacute]g[eacute] Program may be
evaluated.
In addition to the award fee evaluation criteria stated in NFS
1816.405-274(g)(3), the new Mentor-Prot[eacute]g[eacute] program in
1819.7208 has been added and applies when the prot[eacute]g[eacute] is
a NASA SBIR Phase II contractor.
DOD Mentor-Prot[eacute]g[eacute] Reciprocity
Another commenter asks whether reciprocity to the DOD Mentor-
Prot[eacute]g[eacute] program would be eliminated under the proposed
rule.
Response: This rule removes the DOD reciprocity previously
referenced in 1819.7204 ``Transportability of features from the
Department of Defense (DOD) Mentor-Prot[eacute]g[eacute] Program to
NASA contractors''.
Self-Certification
One commenter requested confirmation that prot[eacute]g[eacute]
companies will no longer be allowed to self-certify.
Response: Prot[eacute]g[eacute] companies are still allowed to
self-certify.
Prot[eacute]g[eacute] Selection Process
A commenter asked NASA to confirm the change that mentors would be
required to select prot[eacute]g[eacute] companies that are SDBs, WOSB,
HUBZone SBs, VO/SDVO SBs, HBCUs, MIs or SBIR II companies. The
preexisting rule stated that it would ``encourage'' as opposed to
``require'' this selection.
Response: Eligible prot[eacute]g[eacute] companies must be one of
the types of companies listed in section 1819.7202. In response to
comments received, NASA has added nonprofit agencies employing people
who are blind or severely disabled to the list of eligible
prot[eacute]g[eacute]s.
SBIR Phase II Prot[eacute]g[eacute]
One commenter states that because the rule requires that companies
under the award fee pilot have already been selected for SBIR Phase II
contracts with NASA, it does not explain how a prime contractor mentor
subcontracts with a SBIR II prot[eacute]g[eacute], which is a prime
contractor in its own right.
Response: The SBIR Phase II contractor can hold the SBIR
Phase II contract and be eligible for developmental assistance in
the form of noncompetitive award of subcontracts under NASA contracts
in accordance with 1819.7205(c)(2).
B. Regulatory Flexibility Act
NASA certifies that this proposed rule will not 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 participation in the mentor prot[eacute]g[eacute] program is
voluntary and does not impose an economic impact beyond that addressed
in the FAC 2005-14 publication of the FAR final rule.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) is applicable because
the NFS changes impose information collection requirements in the form
of applications and report submissions. The information collection has
been approved by the Office of Management and Budget under 44 U.S.C.
3501, et seq. via control number 2007-0078.
List of Subjects in 48 CFR Parts 1819 and 1852
Government procurement.
William P. McNally,
Assistant Administrator for Procurement.
0
Accordingly, 48 CFR parts 1819 and 1852 are amended as follows:
0
1. The authority citation for 48 CFR parts 1819 and 1852 continues to
read as follows:
Authority: 42 U.S.C. 2473(c)(1).
PART 1819--SMALL BUSINESS PROGRAMS
0
2. Subpart 1819-72 is revised to read as follows:
Subpart 1819.72--NASA Mentor-Prot[eacute]g[eacute] Program
1819.7201 Scope of subpart.
1819.7202 Eligibility.
1819.7203 Mentor approval process.
1819.7204 Prot[eacute]g[eacute] selection.
1819.7205 Mentor-prot[eacute]g[eacute] agreements.
1819.7206 Agreement contents.
1819.7207 Agreement submission and approval process.
1819.7208 Award Fee Pilot Program.
1819.7209 Credit agreements.
1819.7210 Agreement terminations.
1819.7211 Loss of eligibility.
1819.7212 Reporting requirements.
1819.7213 Performance reviews.
1819.7214 Measurement of program success
1819.7215 Solicitation provision and contract clauses.
Subpart 1819.72--NASA Mentor-Prot[eacute]g[eacute] Program
1819.7201 Scope of subpart.
(a) This subpart implements the NASA Mentor-Prot[eacute]g[eacute]
Program (hereafter referred to as the Program) established under the
authority of Title 42, U.S.C., 2473(c)(1). The purpose of the Program
is 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
satisfy NASA and other 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) Under the Program, eligible entities approved as mentors will
enter into mentor-prot[eacute]g[eacute] agreements with
[[Page 25673]]
eligible prot[eacute]g[eacute]s to provide appropriate developmental
assistance to enhance the capabilities of the prot[eacute]g[eacute]s to
perform as subcontractors and suppliers. NASA may provide the mentor
award fee incentives. Additionally, this subpart explains the
calculated subcontracting credit for a mentor-prot[eacute]g[eacute]
program pursuant to FAR 52.219-9, Small Business Subcontracting Plan.
1819.7202 Eligibility.
(a) Eligibility of Mentors: To be eligible to participate as a
mentor, an entity must be--
(1) A large prime contractor performing under contracts with at
least one approved subcontracting plan negotiated with NASA, pursuant
to FAR Subpart 19.7, The Small Business Subcontracting Program. A
contractor may apply to become a mentor even if they currently are not
performing under a NASA contract with an approved subcontracting plan,
if they are currently performing for another Federal Agency under a
contract with an approved subcontracting plan. A NASA mentor-
prot[eacute]g[eacute] agreement will not be approved until such time
the mentor company is performing under a NASA contract with an approved
subcontracting plan; and
(2) A contractor eligible for receipt of Government contracts. (i)
An entity may not be approved for participation in the Program as a
mentor if, at the time of requesting participation in the program, it
is currently debarred or suspended from contracting with the Federal
Government pursuant to FAR Subpart 9.4, Debarment, Suspension, and
Ineligibility.
(b) Eligibility of Prot[eacute]g[eacute]s: To be eligible to
participate as a prot[eacute]g[eacute], an entity must--
(1) Be classified as a Small Disadvantaged Business (SDB), a women-
owned small business, a HUBZone small business, a veteran-owned or
service-disabled veteran-owned small business, an historically black
college and university, minority institution of higher education, as
defined in FAR Part 2, Definitions of Parts and Terms, an active NASA
SBIR Phase II company, or a non-profit agency employing people who are
blind or severely disabled as defined in 41 CFR Chapter 51.
(2) Be eligible for the award of Federal contracts; and
(3) Be a small business according to the Small Business
Administration (SBA) size standard for the North American Industry
Classification System (NAICS) code that represents the contemplated
supplies or services to be provided by the prot[eacute]g[eacute] to the
mentor if the prot[eacute]g[eacute] is representing itself as a women-
owned small business, HUBZone small business, or a veteran-owned or
service-disabled veteran-owned small business.
(4) Except for SDBs, a prot[eacute]g[eacute] firm may self-certify
to a mentor firm that it meets the requirements set forth in paragraph
(a) 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. SDB status eligibility and
documentation requirements are determined according to FAR 19.304.
1819.7203 Mentor approval process.
(a) An entity seeking to participate as a mentor must apply to the
NASA Headquarters Office of Small Business Programs (OSBP), to
establish its initial eligibility and approval as a mentor, prior to
submission of a mentor-prot[eacute]g[eacute] agreement.
(b) The application must provide the following information:
(1) A statement that the entity is currently performing under at
least one active approved subcontracting plan negotiated with NASA
pursuant to FAR 19.702, The Small Business Subcontracting Program, and
that the entity is currently eligible for the award of Government
contracts.
(2) A summary of the entity's historical and recent activities and
accomplishments under its small and disadvantaged business utilization
program.
(3) The total dollar amount of NASA contracts and subcontracts that
the entity received during the two preceding fiscal years. (Show prime
contracts and subcontracts separately per year.)
(4) The total dollar amount of all other Federal agency contracts
and subcontracts that the entity received during the two preceding
fiscal years. (Show prime contracts and subcontracts separately per
year.)
(5) The total dollar amount of subcontracts that the entity awarded
under NASA contracts during the two preceding fiscal years.
(6) The total dollar amount of subcontracts that the entity awarded
under all other Federal agency contracts during the two preceding
fiscal years.
(7) The total dollar amount and percentage of subcontracts that the
entity awarded to all SDB, women-owned small businesses, HUBZone small
businesses, veteran-owned and service-disabled veteran-owned small
businesses, Historically Black Colleges, and Universities, minority
institutions of higher education and nonprofit agencies employing
people who are blind and severely disabled under NASA contracts and
other Federal agency contracts during the two preceding fiscal years.
If the entity is presently required to submit a Summary Subcontracting
Report via the Government Electronic Subcontracting Reporting System
(eSRS), the application must include copies of the final reports for
the two preceding fiscal years.
(8) Information on the entity's ability to provide developmental
assistance to its eligible prot[eacute]g[eacute]s.
(9) Any additional information as requested by NASA OSBP.
(c) In accordance with the Small Business Act, developmental
assistance as described in 1819.7205(c) and provided by a mentor to its
prot[eacute]g[eacute] pursuant to a mentor-prot[eacute]g[eacute]
agreement may not be a basis for determining affiliation or control
(either direct or indirect) between the parties.
(d) Entities that apply for participation and are not approved will
be provided the reasons and an opportunity to submit additional
information for reconsideration.
(e) Entities approved for participation as a mentor in the NASA
program must resubmit a mentor application every six (6) years for
review and approval by NASA OSBP.
(f) A template of the mentor application is available at: http://www.osbp.nasa.gov.
1819.7204 Prot[eacute]g[eacute] selection.
(a) Mentors will be solely responsible for selecting
prot[eacute]g[eacute]s. Mentors are required to identify and select
concerns that are defined as an SDB, women-owned small business,
HUBZone small business, veteran-owned or service-disabled veteran-owned
small business, Historically Black Colleges and Universities, minority
institutions of higher education, an active NASA SBIR Phase II company
or a nonprofit agency employing the blind or severely disabled.
(b) The selection of prot[eacute]g[eacute]s by a mentor may not be
protested, except as in paragraph (c) of this section.
(c) In the event of a protest regarding the size or eligibility of
an entity selected to be a prot[eacute]g[eacute], the mentor must refer
the protest to the SBA to resolve in accordance with 13 CFR part 121
(with respect to size) or 13 CFR part 124 (with respect to
disadvantaged status).
(d) A prot[eacute]g[eacute] may have only one active NASA mentor-
prot[eacute]g[eacute] agreement, and may not participate in the NASA
Program more than two times as a prot[eacute]g[eacute].
[[Page 25674]]
(e) Prot[eacute]g[eacute]s will be required to submit a
prot[eacute]g[eacute] application concurrently with the agreement
submission. This application will include the following information:
(1) A summary of the entity's historical and recent activities,
including annual revenue and number of employees.
(2) The total dollar amount of NASA contracts and subcontracts that
the entity received during the two preceding fiscal years. (Show prime
contracts and subcontracts separately per year.)
(3) The total dollar amount of all other Federal agency contracts
and subcontracts that the company received during the two preceding
fiscal years. (Show prime contracts and subcontracts separately per
year.)
(4) The total dollar amount of subcontracts that the company
awarded under NASA contracts during the two preceding fiscal years.
(5) The total dollar amount of subcontracts that the company
awarded under all other Federal agency contracts during the two
preceding fiscal years.
1819.7205 Mentor-prot[eacute]g[eacute] agreements.
(a) The agreements shall be structured after the mentor completes
an assessment of the developmental needs of the prot[eacute]g[eacute]
and a mutual agreement is reached regarding the developmental
assistance to be permitted to address those needs and enhance the
prot[eacute]g[eacute]'s ability to perform successfully under contracts
and/or subcontracts.
(b) A mentor shall not require a prot[eacute]g[eacute] to enter
into a mentor-prot[eacute]g[eacute] agreement as a condition for award
of a contract by the mentor, including a subcontract under a NASA
contract awarded to the mentor.
(c) The mentor-prot[eacute]g[eacute] agreement may provide for the
mentor to furnish any or all of the following types of developmental
assistance:
(1) Assistance by the mentor's personnel in--
(i) General business management, including organizational
management, financial management, personnel management, marketing,
business development, and overall business planning;
(ii) Engineering, environmental and technical matters; and
(iii) Any other assistance designed to develop the capabilities of
the prot[eacute]g[eacute] under the developmental program.
(2) Award of subcontracts under NASA contracts or other contracts
on a noncompetitive basis.
(3) Advance payments under such subcontracts. The mentor must
administer advance payments when first approved by NASA in accordance
with FAR Subpart 32.4, Advance Payments for Non-Commercial Items.
(4) Loans.
(5) Investment(s) in the prot[eacute]g[eacute] in exchange for an
ownership interest in the prot[eacute]g[eacute], not to exceed 10
percent of the total ownership interest. Investments may include, but
are not limited to, cash, stock, and contributions in kind.
(6) Assistance that the mentor obtains for the
prot[eacute]g[eacute] from one or more of the following:
(i) Small Business Development Centers established pursuant to
Section 21 of the Small Business Act (15 U.S.C. 648).
(ii) Entities providing procurement technical assistance pursuant
to 10 U.S.C. Chapter 142 (Procurement Technical Assistance Centers).
(iii) Historically Black Colleges and Universities.
(iv) Minority institutions of higher education.
(d) Developmental assistance provided under an approved mentor-
prot[eacute]g[eacute] agreement is distinct from, and must not
duplicate, any effort that is the normal and expected product of the
award and administration of the mentor's subcontracts. Costs associated
with the latter must be accumulated and charged in accordance with the
contractor's approved accounting practices; they are not considered
developmental assistance costs eligible for credit under the Program.
(e) A template of the mentor-prot[eacute]g[eacute] agreement is
available at http://www.osbp.nasa.gov.
1819.7206 Agreement contents.
Each mentor-prot[eacute]g[eacute] agreement will contain the
following elements:
(a) The name, address, e-mail address, and telephone number of the
mentor and prot[eacute]g[eacute] points of contact;
(b) The NAICS code(s) that represent the contemplated supplies or
services to be provided by the prot[eacute]g[eacute] to the mentor and
a statement that, at the time the agreement is submitted for approval,
the prot[eacute]g[eacute], if an SDB, a women-owned small business, a
HUBZone small business, or a veteran-owned, a service-disabled veteran-
owned small business concern or a NASA SBIR Phase II Company, does not
exceed the size standard for the appropriate NAICS code;
(c) The DUNS number of the mentor and prot[eacute]g[eacute];
(d) A statement that the mentor is eligible to participate in
accordance with 1819.7202(a);
(e) A statement that the prot[eacute]g[eacute] is eligible to
participate in accordance with 1819.7202(b);
(f) A developmental program specifying the type of assistance the
mentor will provide to the prot[eacute]g[eacute] and how that
assistance will--
(1) Increase the prot[eacute]g[eacute]'s ability to participate in
NASA, Federal, and/or commercial contracts and subcontracts; and
(2) Increase small business subcontracting opportunities in
industry categories where eligible prot[eacute]g[eacute]s or other
small business firms are not dominant in the company's vendor base;
(g) Factors to assess the prot[eacute]g[eacute]'s developmental
progress under the Program, including specific milestones for providing
each element of the identified assistance;
(h) An estimate of the dollar value and type of subcontracts that
the mentor will award to the prot[eacute]g[eacute], and the period of
time over which the subcontracts will be awarded;
(i) A statement from the mentor and prot[eacute]g[eacute]
indicating a commitment to comply with the requirements for reporting
in accordance with 1819.7212 and for review of the agreement during the
duration of the agreement, and additionally for the
prot[eacute]g[eacute], two years thereafter;
(j) Procedures to terminate the agreement in accordance with
1819.7210;
(k) A provision that the term for the agreement will not exceed 3
years for a credit agreement;
(l) Additional terms and conditions as may be agreed upon by both
parties; and
(m) Signatures and dates for both parties to the mentor-
prot[eacute]g[eacute] agreement.
1819.7207 Agreement submission and approval process.
(a) To participate in the Program, entities approved as mentors in
accordance with 1819.7203, will submit to a Small Business Specialist
at a NASA Center--
(1) A signed mentor-prot[eacute]g[eacute] agreement pursuant to
1819.7206;
(2) The estimated cost of the technical assistance to be provided,
broken out per year and per task, in a separate cost volume; and
(3) NASA OSBP may require additional information as requested upon
agreement submission.
(b) The mentor-prot[eacute]g[eacute] agreement must be approved by
the Assistant Administrator, NASA OSBP, prior to the mentor incurring
eligible costs for developmental assistance provided to the
prot[eacute]g[eacute].
(c) The cognizant NASA center will issue a contract modification,
if justified prior to the mentor incurring costs for developmental
assistance to the prot[eacute]g[eacute].
[[Page 25675]]
1819.7208 Award Fee Pilot Program.
(a) Mentors will be eligible to earn a separate award fee
associated with the provision of developmental assistance to NASA SBIR
Phase II Prot[eacute]g[eacute]s only. The award fee will be assessed at
the end of the Mentor-Prot[eacute]g[eacute] agreement period.
(b) The overall developmental assistance performance of NASA
contractors, in promoting the use of small businesses as
subcontractors, will be a required evaluation factor in award fee
plans.
(c) Evaluation criteria to determine the award fee would include:
(1) Active participation in the Program;
(2) The amount and quality of developmental assistance provided;
(3) Subcontracts awarded to small businesses and others;
(4) Success of the prot[eacute]g[eacute]s in increasing their
business as a result of receiving developmental assistance; and
(5) Accomplishment of any other activity as related to the mentor-
prot[eacute]g[eacute] relationship.
(d) The Award Fee Pilot Program is an addition to the credit
agreement. Participants that are eligible for award fee will also
receive credit as described in 1819.7209.
1819.7209 Credit agreements.
(a) The credit permits the mentor to include the cost it expends on
a mentor-prot[eacute]g[eacute] agreement as part of any subcontracting
plan pursuant to the clause at FAR 52.219-9, Small Business
Subcontracting Plan. The following provisions apply to all credit
mentor-prot[eacute]g[eacute] agreements:
(1) Developmental assistance costs incurred by a mentor for
providing assistance to a prot[eacute]g[eacute] pursuant to an approved
credit mentor-prot[eacute]g[eacute] agreement may be credited as if the
costs were incurred in a subcontract awarded to that
prot[eacute]g[eacute]. Credit is given for the sole purpose of
determining the performance of the mentor in attaining an applicable
subcontracting goal established under any contract containing a
subcontracting plan pursuant to the clause at FAR 52.219-9, Small
Business Subcontracting Plan.
(2) Other costs that have been reimbursed through inclusion in
indirect expense pools may also be credited as subcontract awards for
determining the performance of the mentor in attaining an applicable
subcontracting goal established under any contract containing a
subcontracting plan.
(3) The amount of credit a mentor may receive for developmental
assistance costs must be reported on a one-to-one basis for all dollars
spent.
1819.7210 Agreement terminations.
(a) Agreements may be terminated for cause or on a voluntary basis
by the mentor or the prot[eacute]g[eacute]. The procedures for
agreement termination are outlined in the mentor-prot[eacute]g[eacute]
agreement template available at http://www.osbp.nasa.gov.
(b) NASA OSBP maintains the right to terminate an agreement if
milestones provided under the original agreement submission, pursuant
to 1819.7206(g), are not satisfactorily achieved, or for other reasons
as determined necessary by the NASA OSBP.
1819.7211 Loss of eligibility.
(a) If the mentor is suspended or debarred while performing under
an approved mentor-prot[eacute]g[eacute] agreement, the mentor--
(1) May not be reimbursed or take credit for any costs of providing
developmental assistance to its prot[eacute]g[eacute], incurred more
than 30 days after the imposition of such suspension or debarment; and
(2) Must promptly give notice of its suspension or debarment to its
prot[eacute]g[eacute] and NASA OSBP.
(b) If the prot[eacute]g[eacute] is suspended or debarred while
performing under an approved mentor-prot[eacute]g[eacute] agreement or
the SBA determines that a prot[eacute]g[eacute] is ineligible according
to program eligibility requirements, then--
(1) The mentor shall not be able to receive credit for any of the
costs of providing assistance to the prot[eacute]g[eacute] after the
date of the determination regarding the prot[eacute]g[eacute]'s loss of
eligibility; and
(2) The mentor shall not be eligible to receive an award fee for
the assistance provided to the prot[eacute]g[eacute] after the date of
the determination regarding the prot[eacute]g[eacute]'s suspension or
debarment, if participating in the Award Fee Pilot Program.
(c) If the prot[eacute]g[eacute] is a Historically Black College or
University, or other minority institution of higher education that
loses either their accredited or minority status, then:
(1) The mentor shall not be able to receive credit for any the
costs of providing assistance to the prot[eacute]g[eacute] after the
date of the determination regarding the prot[eacute]g[eacute]'s status.
(2) The mentor shall not be eligible to receive an award fee for
the assistance provided to the prot[eacute]g[eacute] after the date of
the determination regarding the prot[eacute]g[eacute]'s loss of
accreditation or minority status.
1819.7212 Reporting requirements.
(a) Mentors must report on the progress made under active mentor-
prot[eacute]g[eacute] agreements semiannually throughout the term of
the agreement.
(b) Reports are due 30 days after the end of each six-month period
of performance commencing with the start of the agreement.
(c) Each semiannual report must include the following data on
performance under the mentor-prot[eacute]g[eacute] agreement:
(1) Expenditures by the mentor.
(2) The number and dollar value of subcontracts awarded to the
prot[eacute]g[eacute].
(3) Description of developmental assistance provided, including
milestones achieved.
(4) Impact of the agreement in terms of capabilities enhanced,
certifications received, and/or technology transferred.
(d) Semiannually, the prot[eacute]g[eacute] must provide an
independently developed progress report using the semiannual report
template, on the progress made during the prior six 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] semiannual report required by
paragraph (d) of this section may be provided with the mentor
semiannual report required by paragraph (a) of this section, or
submitted separately.
(f) Reports for all agreements must be submitted to the NASA OSBP
Mentor-Prot[eacute]g[eacute] Program Manager, the mentor's cognizant
administrative contracting officer, and their cognizant center small
business specialist.
(g) Templates for the semiannual report and the Post-Agreement
report and guidance for their submission are available at: http://www.osbp.nasa.gov.
1819.7213 Performance reviews.
(a) NASA OSBP will conduct annual performance reviews of the
progress and accomplishments realized under approved mentor-
prot[eacute]g[eacute] agreements. These reviews will include
verification of--
(1) All costs incurred by the mentor under the agreement to
determine if they were reasonable in the provision of developmental
assistance to the prot[eacute]g[eacute] in accordance with the mentor-
prot[eacute]g[eacute] agreement and applicable regulations and
procedures; and
(2) The mentor's and prot[eacute]g[eacute]'s reported progress made
by the prot[eacute]g[eacute] in employment, revenues, and
[[Page 25676]]
participation in NASA contracts during the program participation term.
1819.7214 Measurement of program success.
(a) NASA will measure the overall success of the Program by the
extent to which the Program results in--
(1) An increase in the number and dollar value of contracts and
subcontract awards to prot[eacute]g[eacute]s (under NASA contracts,
contracts awarded by other Federal agencies, and commercial contracts)
from the date of their entry into the program until two years after the
conclusion of the agreement;
(2) An increase in the number and dollar value of subcontracts
awarded to a prot[eacute]g[eacute] (or former prot[eacute]g[eacute]) by
its mentor (or former mentor); and
(3) An increase in the prot[eacute]g[eacute]'s number of employees
from the date of entry into the program until two years after the
completion of the agreement.
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:
(1) Any contract that includes the clause at FAR 52.219-9, Small
Business Subcontracting Plan.
(b) The contracting officer shall insert the clause at 1852.219-79,
Mentor Requirements and Evaluation, in contracts where the prime
contractor is a participant in the NASA Mentor-Prot[eacute]g[eacute]
Program.
PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Sections 1852.219-77 and 1852.219-79 are revised to read as follows:
1852.219-77 NASA Mentor-Prot[eacute]g[eacute] Program.
As prescribed in 1819.7215, insert the following clause:
NASA Mentor-Prot[eacute]g[eacute] Program (Month/Year)
(a) Prime contractors are encouraged to participate in the NASA
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 NASA
contracts.
(b) The Program consists of:
(1) Mentors, which are large businesses and prime contractors with
at least one active and approved NASA subcontracting plan;
(2) Prot[eacute]g[eacute]s, which are subcontractors to the prime
contractor. Prot[eacute]g[eacute]s must qualify as certified small
disadvantaged business concerns, women-owned small business concerns,
veteran-owned or service-disabled veteran-owned small business
concerns, HUBZone small business concerns, Historically Black Colleges
and Universities, minority institutions of higher education, meeting
the qualifications defined in FAR Part 2, Definitions of Parts and
Term, active NASA SBIR Phase II companies or nonprofit agencies
employing people who are blind or severely disabled as defined in 41
CFR Chapter 51.
(3) Mentor-prot[eacute]g[eacute] agreements endorsed by the
cognizant NASA centers and approved by the NASA Office of Small
Business Programs (OSBP);
(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
1819.7208.
(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 contracts
and subcontracts.
(d) Contractors interested in participating in the program are
encouraged to contact the NASA OSBP, Washington, DC 20546, (202) 358-
2088, for further information.
(End of clause)
1852.219-79 Mentor Requirements and Evaluation.
As prescribed in 1819.7215, insert the following clause:
Mentor Requirements and Evaluation (Month/Year)
(a) The purpose of the NASA Mentor-Prot[eacute]g[eacute] Program is
for a NASA prime contractor to provide developmental assistance to
certain subcontractors qualifying as prot[eacute]g[eacute]s.
Eligible prot[eacute]g[eacute]s include certified small
disadvantaged business concerns, women-owned small business concerns,
veteran-owned or service-disabled veteran-owned small business
concerns, HUBZone small business concerns, Historically Black Colleges
and Universities, minority institutions of higher education, as defined
in FAR Part 2, Definitions of Parts and Terms, active NASA SBIR Phase
II companies and nonprofit agencies employing the blind or severely
handicapped as defined in 41 CFR Chapter 51.
(b) NASA will evaluate the contractor's performance on the
following factors. If this contract includes an award fee incentive,
this assessment will be accomplished as part of the fee evaluation
process.
(1) Specific actions taken by the contractor, during the evaluation
period, to increase the participation of prot[eacute]g[eacute]s as
subcontractors and suppliers;
(2) Specific actions taken by the contractor during this evaluation
period to develop the technical and corporate administrative expertise
of a prot[eacute]g[eacute] as defined in the agreement;
(3) To what extent the mentor and prot[eacute]g[eacute] have met
the developmental milestones outlined in the agreement; and
(4) To what extent the entities' participation in the Mentor-
Prot[eacute]g[eacute] Program resulted in the prot[eacute]g[eacute]
receiving competitive contract(s) and subcontract(s) from private firms
and agencies other than the mentor.
(c) Semiannual reports shall be submitted by the mentor and the
prot[eacute]g[eacute] to the cognizant NASA center and NASA
Headquarters Office of Small Business Programs (OSBP), following the
semiannual report template found on the Web site at http://www.osbp.nasa.gov.
(d) 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;
(e) At the end of each year in the Mentor-Prot[eacute]g[eacute]
Program, the mentor and prot[eacute]g[eacute], as appropriate, will
formally brief the NASA Mentor-Prot[eacute]g[eacute] program manager,
the technical program manager, and the contracting officer during a
formal program review regarding Program accomplishments, as it pertains
to the approved agreement.
[[Page 25677]]
(f) NASA may terminate mentor-prot[eacute]g[eacute] agreements for
good cause, thereby excluding mentors or prot[eacute]g[eacute]s from
participating in the NASA Mentor-Prot[eacute]g[eacute] program. These
actions shall be approved by the NASA OSBP. 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.
(End of clause)
[FR Doc. E9-12487 Filed 5-28-09; 8:45 am]
BILLING CODE 7510-01-P