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DOD/DARC RIN: 0750-AJ25 Publication ID: Spring 2018 
Title: Mentor-Protégé Program Modifications (DFARS Case 2017-D016) 
Abstract:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 1823 and paragraph (b) of section 1813 of the National Defense Authorization Act for Fiscal Year 2017.  These sections amend the DoD Pilot Mentor-Protégé Program (the Program) as follows:

  • The definition of "affiliation" between mentor firms and protégé firms is revised to follow the Small Business Administration (SBA) definition of "affiliation," under which mentors and protégés are not considered to be affiliated solely because of their mentor-protégé relationship. Affiliation affects SBA's determination of the size of a business concern (i.e., whether it meets the size standard for small business for a particular industry).
  • The requirements associated with affiliation are revised to specify that a mentor firm may not enter into a mentor-protégé agreement with a protégé firm under the Program if SBA has made a determination of affiliation. In addition, if DoD has reason to believe, based on SBA's regulations regarding affiliation, that the mentor firm is affiliated with the protégé firm, then DoD will request that SBA make a determination regarding affiliation.
  • The types of assistance that a mentor firm may obtain for a protégé firm are revised to include assistance obtained from women's business centers described in section 29 of the Small Business Act (15 U.S.C. 656).
  • The types of assistance that a mentor firm may provide to a protégé firm are revised to include assistance in understanding Federal contract regulations, including the Federal Acquisition Regulation and the DFARS, after awarding a subcontract under the Program.

This rule will add new types of developmental assistance for mentors to provide to their protégés, who will benefit from that assistance. However, mentor firms may receive credit toward the goals in their small business subcontracting plan for the funds they spend on developmental assistance for their protégé firms.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 48 CFR 219    48 CFR, ch. 2, app. I     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 41 U.S.C. 1303    Pub. L. 114-328, sec. 1823    10 U.S.C. 2302 note    Pub. L. 114-328, sec. 1813(b)    15 U.S.C. 644(k)(8)   
Legal Deadline:
Action Source Description Date
Final  Statutory  Effective upon enactment  12/23/2016 
Timetable:
Action Date FR Cite
NPRM  05/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Hawes
Defense Acquisition Regulations System
Department of Defense
3060 Defense Pentagon, Room 3B941,
Washington, DC 20301-3060
Phone:571 372-6115
Email: jennifer.l.hawes2.civ@mail.mil