81 FR 65610 - Defense Federal Acquisition Regulation Supplement: Amendment to Mentor-Protégé Program (DFARS Case 2016-D011)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 81, Issue 185 (September 23, 2016)
Defense Acquisition Regulations System
Federal Register Volume 81, Issue 185 (September 23, 2016)
| Page Range | 65610-65615 | |
| FR Document | 2016-22574 |
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)] [Proposed Rules] [Pages 65610-65615] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22574] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 219 and Appendix I to Chapter 2 [Docket DARS-2016-0033] RIN 0750-AJ05 Defense Federal Acquisition Regulation Supplement: Amendment to Mentor-Prot[eacute]g[eacute] Program (DFARS Case 2016-D011) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that provides amendments to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before November 22, 2016, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2016-D011, using any of the following methods: [cir] Federal eRulemaking Portal: http://www.regulations.gov. Search for [[Page 65611]] ``DFARS Case 2016-D011.'' Select ``Comment Now'' and follow the instructions provided to submit a comment. Please include ``DFARS Case 2016-D011'' on any attached documents. [cir] Email: [email protected]. Include DFARS Case 2016-D011 in the subject line of the message. [cir] Fax: 571-372-6094. [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Jennifer Johnson, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, telephone 571- 372-6100. SUPPLEMENTARY INFORMATION: I. Background This rule proposes to revise the DFARS to implement section 861 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Pub. L. 114-92). Section 861 provides several amendments to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program (``the Program''). In particular, section 861 provides for contractors who participate in the Program as mentors to report all technical or management assistance provided; any new awards of subcontracts to the prot[eacute]g[eacute] firm, including the value of such subcontracts; any extensions, increases in the scope of work, or additional, unreported payments to the prot[eacute]g[eacute] firm; the amount of any progress payments or advance payments made to the prot[eacute]g[eacute] firm for performance under any subcontract made under the Program; any loans made to the prot[eacute]g[eacute] firm; all Federal contracts awarded to the mentor and prot[eacute]g[eacute] firms as a joint venture; any assistance the mentor firm obtained for the prot[eacute]g[eacute] firm from small business development centers established under 15 U.S.C. 648, entities providing procurement technical assistance under 10 U.S.C. chapter 142, or historically Black colleges or universities or minority institutions of higher education; whether the terms of the mentor- prot[eacute]g[eacute] agreement have changed; and a narrative describing the success assistance provided under the Program has had in addressing the prot[eacute]g[eacute] firm's developmental needs, the impact on DoD contracts, and addressing any problems encountered. These reporting requirements apply retroactively to mentor- prot[eacute]g[eacute] agreements in effect on November 25, 2015, date of enactment of the NDAA for FY 2016. The new reporting requirements will provide information to DoD's Office of Small Business Programs to support decisions regarding continuation of particular mentor- prot[eacute]g[eacute] agreements. In addition, section 861--Adds new eligibility criteria; Limits the number of mentor-prot[eacute]g[eacute] agreements to which a prot[eacute]g[eacute] firm may be a party; Limits the period of time during which a prot[eacute]g[eacute] firm may participate in mentor- prot[eacute]g[eacute] agreements under the Program; Adds new elements to mentor-prot[eacute]g[eacute] agreements addressing the benefits of the agreement to DoD and goals for additional awards for which the prot[eacute]g[eacute] firm can compete outside the Program; Removes business development assistance using mentor firm personnel and cash in exchange for an ownership interest in the prot[eacute]g[eacute] firm from the types of assistance that a mentor firm may provide to a prot[eacute]g[eacute] firm; Prohibits reimbursement of any fee assessed by the mentor firm for certain services provided to the prot[eacute]g[eacute] firm while participating in a joint venture with the prot[eacute]g[eacute] firm; Revises the definitions of the terms ``small business concern'' and ``disadvantaged small business concern;'' Adds definitions for ``severely disabled individual'' and ``affiliated;'' and Extends the Program for three years. II. Discussion and Analysis This rule proposes amendments to DFARS subpart 219.71 and Appendix I, and significant revisions are summarized in the following paragraphs: A. Subpart 219.71, Pilot Mentor-Prot[eacute]g[eacute] Program 219.7102, General. This section is amended to replace the list of Program eligibility criteria with a reference to the eligibility criteria located in Appendix I, section I-102. 219.7104, Developmental assistance costs eligible for reimbursement or credit. This section is amended to revise the date by which a mentor firm must incur costs under the Program in order to be eligible for reimbursement or credit toward small business subcontracting goals. B. Appendix I, Policy and Procedures for the DoD Pilot Mentor- Prot[eacute]g[eacute] Program I-100, Purpose. This section is amended to align more closely with the language in section 861 of the NDAA for FY 2016. I-101, Definitions. This section is amended to add the definition of ``nontraditional defense contractor'' provided in section 861, and to delete the definition of ``historically Black college or university'' that repeated the definition in FAR 2.101. I-102, Participant eligibility. This section is amended to revise the mentor and prot[eacute]g[eacute] eligibility criteria in accordance with section 861. I-103, Program duration. This section is amended to revise the date by which new mentor-prot[eacute]g[eacute] agreements may be submitted and approved and the date by which a mentor firm must incur costs under the Program in order to be eligible for reimbursement or credit toward subcontracting goals. I-104, Selection of prot[eacute]g[eacute] firms. This section is amended to encourage mentor firms to select firms as prot[eacute]g[eacute]s that have not received significant prime contracts from a Federal agency. In addition, this section is amended to indicate the number of mentor-prot[eacute]g[eacute] agreements to which a prot[eacute]g[eacute] firm may be a party, and to implement the time limitation specified in section 861 for a prot[eacute]g[eacute] firm's participation in the Program. I-105, Mentor approval process. This section is amended to reflect the revised eligibility criteria. I-107, Elements of a mentor-prot[eacute]g[eacute] agreement. This section is amended to incorporate new requirements of section 861. [cir] New paragraph (e) is added to require assurances in mentor- prot[eacute]g[eacute] agreements that the mentor and prot[eacute]g[eacute] firms are not affiliated as defined in section 861. In addition, the existing paragraph (e) is renumbered as paragraph (f), and the existing paragraph (f) is renumbered as paragraph (g). [cir] New paragraphs (g)(3) and (4) are added to implement the section 861 requirement for mentor-prot[eacute]g[eacute] agreements to include the following: [ssquf] A description of the quantitative and qualitative benefits to DoD from the agreement, if applicable; and [ssquf] Goals for additional awards for which the prot[eacute]g[eacute] firm can compete outside the Program. I-109, Reimbursement agreements. This section is amended to implement the prohibition in section 861 of reimbursement of fees assessed by the mentor firm for certain services [[Page 65612]] provided to the prot[eacute]g[eacute] firm or reimbursement of business development expenses incurred by the mentor firm while participating in a joint venture with the prot[eacute]g[eacute] firm. I-112, Reporting requirements. This section is amended to include the new reporting requirements of section 861 and to specify that they apply retroactively in accordance with paragraph (b)(2) of section 861. III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule does not add any new provisions or clauses or impact any existing provisions or clauses. IV. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. V. Regulatory Flexibility Act DoD does 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. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: This rule proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 861 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016, which provides amendments to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program (``the Program''). Specifically, section 861 requires mentor firms to report a variety of information on the assistance they have provided to their prot[eacute]g[eacute] firms, the success this assistance has had in addressing the prot[eacute]g[eacute] firm's developmental needs, the impact on DoD contracts, and addressing any problems encountered. The new reporting requirements apply retroactively to mentor-prot[eacute]g[eacute] agreements that were in effect on the date of enactment of the NDAA for FY 2016 (enacted November 25, 2015). In addition, section 861 adds new eligibility criteria for mentor and prot[eacute]g[eacute] firms; limits the period of time a prot[eacute]g[eacute] firm can participate in the Program; limits the number of mentor-prot[eacute]g[eacute] agreements to which a prot[eacute]g[eacute] can be a party; extends the Program for three years; and makes several other amendments. The objectives of this rule are to implement statutory amendments to the Program and to provide DoD's Office of Small Business Programs with information to support decisions regarding continuation of particular mentor-prot[eacute]g[eacute] agreements. The legal basis for the amendments is section 861 of the NDAA for FY 2016. The rule will apply to small entities that participate in the Program. There are currently 85 small entities participating in the Program as prot[eacute]g[eacute] firms and six small entities participating as mentors. The rule imposes new reporting requirements on mentor firms, including mentors who are small businesses, regarding assistance they have provided to their prot[eacute]g[eacute] firms and the success this assistance has had. Although prot[eacute]g[eacute] firms are not required to submit these reports, the mentor firms will need to obtain supporting information from the prot[eacute]g[eacute] firms in order to ascertain the success of the assistance provided. The rule does not duplicate, overlap, or conflict with any other Federal rules. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2016-D011), in correspondence. VI. Paperwork Reduction Act The rule contains information collection requirements that require the approval of the Office of Management and Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. chapter 35). OMB Control Number 0704-0332, Defense Federal Acquisition Regulation Supplement (DFARS) Appendix I, is currently in place for the DoD Mentor Prot[eacute]g[eacute] program. This proposed rule, DFARS Case 2016- D011, however, requires revision of OMB 0704-0332 to increase the burden hours to accommodate the increased reporting requirements resulting from this rule. Accordingly, DoD has submitted a request to OMB for approval of a revised information collection requirement as discussed below. A. Public Reporting Burden for This Collection of Information is Estimated To Average Three 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: 127. Responses per respondent: 2 approximately. Total annual responses: 255. Preparation hours per response: 2 hours. Total response Burden Hours: 595. B. Request for Comments Regarding Paperwork Burden Written comments and recommendations on the proposed information collection, including suggestions for reducing this burden, should be sent to Ms. Jasmeet Seehra at the Office of Management and Budget, Desk Officer for DoD, Room 10236, New Executive Office Building, Washington, DC 20503, or email [email protected], with a copy to the Defense Acquisition Regulations System, Attn: Ms. Jennifer Johnson, OUSD (AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments can be received from 30 to 60 days after the date of this notice, but comments to OMB will be most useful if received by OMB within 30 days after the date of this notice. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the DFARS, 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. To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Defense Acquisition [[Page 65613]] Regulations System, Attn: Ms. Jennifer Johnson, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060, or email [email protected]. Include DFARS Case 2016-D011 in the subject line of the message. List of Subjects in 48 CFR Parts 219 and Appendix I to Chapter 2 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 219 and appendix I to chapter 2 are proposed to be amended as follows: 0 1. The authority citation for 48 CFR part 219 and appendix I to chapter 2 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 219--SMALL BUSINESS PROGRAMS 219.7100 [Amended] 0 2. Amend section 219.7100 by-- 0 a. Removing ``Section 831'' and adding ``section 831'' in its place; and 0 b. Adding the phrase ``, as amended through November 25, 2015'' to the end of the first sentence. 0 3. Amend section 219.7102 by-- 0 a. Revising paragraph (a); 0 b. Removing paragraph (b); and 0 c. Redesignating paragraphs (c) and (d) as paragraphs (b) and (c), respectively. The revision reads as follows: 219.7102 General. * * * * * (a) Mentor firms and prot[eacute]g[eacute] firms that meet the criteria in Appendix I, section I-102. * * * * * 219.7103-2 [Amended] 0 4. Amend section 219.7103-2, in paragraph (e)(3), by removing ``219.7102(d)(1)(ii)'' and adding ``219.7102(c)(1)(ii)'' in its place. 219.7104 [Amended] 0 5. Amend section 219.7104 by-- 0 a. In paragraph (b)-- 0 i. Removing ``Advance agreements are encouraged.''; 0 ii. Removing ``before October 1, 2018'' and adding ``not later than September 30, 2021'' in its place; and 0 b. In paragraph (d), removing ``before October 1, 2018'' and adding ``not later than September 30, 2021'' in its place. Appendix I to Chapter 2--Policy and Procedures for The DOD Pilot Mentor Prot[eacute]g[eacute] Program 0 6. Amend appendix I to chapter 2 by-- 0 a. In section I-100, revising paragraph (a); 0 b. Removing section I-101.1; 0 c. Redesignating section I-101.2 as section I-101.1; 0 d. Adding new section I-101.2; 0 e. Revising section I-101.4; 0 f. Removing section I-101.5; 0 g. Redesignating section I-101.6 as section I-101.5; 0 h. In the newly redesignated section I-101.5, removing ``Section'' and adding ``section'' in its place; 0 i. Removing section I-101-7; 0 j. Redesignating section I-101.8 as section I-101.6; 0 k. In section I-102, revising paragraphs (a), (b), (c), and (d); 0 l. Amend section I-103 by-- 0 i. In paragraph (a), removing ``September 30, 2015'' and adding ``September 30, 2018'' in its place; 0 ii. In paragraph (b), removing ``September 30, 2018'' and adding ``September 30, 2021'' in its place; 0 m. Amend section I-104 by-- 0 i. Revising paragraph (a); 0 ii. In paragraph (c), removing ``as defined in I-101.5'' ' 0 iii. In paragraph (d) removing ``I-107(f)'' and adding ``I-106(d)'' in its place; 0 iv. Revising paragraph (e); 0 n. Amend section I-105 by-- 0 i. Revising paragraph (b)(1); 0 ii. In paragraphs (b)(2), (b)(3), (b)(4), (b)(5), (b)(6), removing ``company's'' and ``company'' and adding ``entity's'' and ``entity'', respectively in each place they appear; 0 iii. Revising paragraph (b)(7); 0 iv. Revising paragraph (c); 0 o. Amend section I-106 by-- 0 i. In paragraph (d)(1)(i), removing ``business development, ''; 0 ii. In paragraph (d)(1)(iii), adding ``described in I-107(g)'' to the end of the sentence; 0 iii. In paragraph (d)(2), removing ``Award of subcontracts'' and adding ``Award of subcontracts to the prot[eacute]g[eacute] firm'' in its place; 0 iv. Removing paragraph (d)(6); 0 v. Redesignating paragraph (d)(7) as (d)(6); 0 p. Amend section I-107 by-- 0 i. In the introductory text, removing ``will contain the following elements:'' and adding ``shall contain--'' in its place; 0 ii. Revising paragraph (b); 0 iii. In paragraph (d), removing ``I-102'' and adding ``I-102(a)'' in its place; 0 iv. Revising paragraphs (e), (f), and (g); 0 q. Amend section I-109 by-- 0 i. Redesignating paragraph (e) as paragraph (f); 0 ii. Adding new paragraph (e); 0 r. Amend section I-110.1, in paragraph (a), by removing ``DoD Comprehensive Subcontracting Plan Test Program'' and adding ``DoD Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans'' in its place; and removing ``entity employing the severely disabled'' and adding ``entity employing severely disabled individuals'' in its place; 0 s. Amend section I-112.1 by-- 0 i. In the section heading, removing ``SF 294s'' and adding ``Standard Forms 294'' in its place; 0 ii. In paragraph (b), removing ``SDB'' and adding ``applicable'' in its place; and removing ``I-101.3 or I-101.5'' and adding ``I-102(b)'' in its place; 0 t. Revise section I-112.2. The revisions and additions read as follows: I-100 Purpose. (a) This Appendix I to 48 CFR chapter 2 implements the Pilot Mentor-Prot[eacute]g[eacute] Program (hereafter referred to as the ``Program'') established under section 831 of Public Law 101-510, the National Defense Authorization Act for Fiscal Year 1991 (10 U.S.C. 2302 note), as amended through November 25, 2015. The purpose of the Program is to provide incentives to major DoD contractors to furnish eligible small business concerns with assistance designed to-- (1) Enhance the capabilities of eligible small business concerns to perform as subcontractors and suppliers under DoD contracts and other contracts and subcontracts; and (2) Increase the participation of such business concerns as subcontractors and suppliers under DoD contracts, other Federal Government contracts, and commercial contracts. * * * * * I-101.2 Nontraditional defense contractor. An entity that is not currently performing and has not performed any contract or subcontract for DoD that is subject to full coverage under the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and the regulations implementing such section, for at least the 1-year period preceding the solicitation of sources by DoD for the procurement or transaction (10 U.S.C. 2302(9)). * * * * * I-101.4 Severely disabled individual. An individual who is blind or severely disabled as defined in 41 U.S.C. 8501. * * * * * I-102 Participant eligibility. (a) To be eligible to participate as a mentor, an entity must-- [[Page 65614]] (1) Be eligible for the award of Federal contracts; (2) Demonstrate that it-- (i) Is qualified to provide assistance that will contribute to the purpose of the Program; (ii) Is of good financial health and character; and (iii) Is not on a Federal list of debarred or suspended contractors; and (3) Be capable of imparting value to a prot[eacute]g[eacute] firm because of experience gained as a DoD contractor or through knowledge of general business operations and Government contracting, as demonstrated by evidence that such entity-- (i) Received DoD contracts and subcontracts equal to or greater than $100 million during the previous fiscal year; (ii) Is an other-than-small business, unless a waiver to the small business exception has been obtained from the Director, Small Business Programs (SBP), OUSD(AT&L); (iii) Is a prime contractor to DoD with an active subcontracting plan; or (iv) Has graduated from the 8(a) Business Development Program and provides documentation of its ability to serve as a mentor. (b) To be eligible to participate as a prot[eacute]g[eacute], an entity must be-- (1) A small business concern; (2) Eligible for the award of Federal contracts; (3) Less than half the Small Business Administration (SBA) size standard for its primary North American Industry Classification System (NAICS) code; (4) Not owned or managed by individuals or entities that directly or indirectly have stock options or convertible securities in the mentor firm; and (5) At least one of the following: (i) A qualified HUBZone small business concern. (ii) A women-owned small business concern. (iii) A service-disabled veteran-owned small business concern. (iv) An entity owned and controlled by an Indian tribe. (v) An entity owned and controlled by a Native Hawaiian organization. (vi) An entity owned and controlled by socially and economically disadvantaged individuals. (vii) A qualified organization employing severely disabled individuals. (viii) A nontraditional defense contractor. (ix) An entity that currently provides goods or services in the private sector that are critical to enhancing the capabilities of the defense supplier base and fulfilling key DoD needs. (c) Mentor firms may rely in good faith on a written representation that the entity meets the requirements of paragraph (b) of this section, except that a mentor firm is required to confirm a prot[eacute]g[eacute]'s status as a HUBZone small business concern (see FAR 19.703(d)). (d) If at any time the SBA (or DoD in the case of entities employing severely disabled individuals) determines that a prot[eacute]g[eacute] is ineligible, assistance that the mentor firm furnishes to the prot[eacute]g[eacute] after the date of the determination may not be considered assistance furnished under the Program. * * * * * I-104 Selection of prot[eacute]g[eacute] firms. (a) Mentor firms will be solely responsible for selecting prot[eacute]g[eacute] firms that qualify under I-102(b). Mentor firms are encouraged to identify and select concerns that have not previously received significant prime contract awards from DoD or any other Federal agency. * * * * * (e) A prot[eacute]g[eacute] firm may not be a party to more than one DoD mentor-prot[eacute]g[eacute] agreement at a time, and may only participate in the Program during the 5-year period beginning on the date the prot[eacute]g[eacute] firm enters into its first mentor-prot[eacute]g[eacute] agreement. I-105 Mentor approval process. * * * * * (b) * * * (1) A statement that the entity meets the requirements in I- 102(a), specifying the criteria in I-102(a)(3) under which the entity is applying. * * * * * (7) The total dollar amount and percentage of subcontracts that the entity awarded to firms qualifying under I-102(b)(5)(ii) through (viii) during the 2 preceding fiscal years. (Show DoD subcontract awards separately.) If the entity was required to submit a Summary Subcontract Report (SSR) in the Electronic Subcontracting Reporting System, the request must include copies of the final reports for the 2 preceding fiscal years. * * * * * (c) A template of the mentor application is available at: http://www.acq.osd.mil/osbp/sb/programs/mpp/resources.shtml. * * * * * I-107 Elements of a mentor-prot[eacute]g[eacute] agreement. * * * * * (b) The NAICS code(s) that represent the contemplated supplies or services to be provided by the prot[eacute]g[eacute] firm to the mentor firm and a statement that, at the time the agreement is submitted for approval, the prot[eacute]g[eacute] firm does not exceed the size standard in I-102(b)(3); * * * * * (e) Assurances that-- (1) The mentor firm does not share, directly or indirectly, with the prot[eacute]g[eacute] firm ownership or management of the prot[eacute]g[eacute] firm; (2) The mentor firm does not have an agreement, at the time the mentor firm enters into a mentor-prot[eacute]g[eacute] agreement, to merge with the prot[eacute]g[eacute] firm; (3) The owners and managers of the mentor firm are not the parent, child, spouse, sibling, aunt, uncle, niece, nephew, grandparent, grandchild, or first cousin of an owner or manager of the prot[eacute]g[eacute] firm; (4) The mentor firm has not, during the 2-year period before entering into a mentor-prot[eacute]g[eacute] agreement, employed any officer, director, principal stock holder, managing member, or key employee of the prot[eacute]g[eacute] firm; (5) The mentor firm has not engaged in a joint venture with the prot[eacute]g[eacute] firm during the 2-year period before entering into a mentor-prot[eacute]g[eacute] agreement, unless such joint venture was approved by SBA prior to making any offer on a contract; (6) The mentor firm is not, directly or indirectly, the primary party providing contracts to the prot[eacute]g[eacute] firm, as measured by the dollar value of the contracts; and (7) The SBA has not made a determination of affiliation or control; (f) A preliminary assessment of the developmental needs of the prot[eacute]g[eacute] firm; (g) A developmental program for the prot[eacute]g[eacute] firm including-- (1) The type of assistance the mentor will provide to the prot[eacute]g[eacute] and how that assistance will-- (i) Increase the prot[eacute]g[eacute]'s ability to participate in DoD, Federal, and/or commercial contracts and subcontracts; and (ii) 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; (2) Factors to assess the prot[eacute]g[eacute] firm's developmental progress under the Program, including specific milestones for providing each element of the identified assistance; (3) A description of the quantitative and qualitative benefits to DoD from the agreement, if applicable; and (4) Goals for additional awards for which the prot[eacute]g[eacute] firm can compete outside the Program; * * * * * I-109 Reimburseable agreements. * * * * * (e) DoD may not reimburse any fee to the mentor firm for services provided to the prot[eacute]g[eacute] firm pursuant to I- 106(d)(6) or for business development expenses incurred by the mentor firm under a contract awarded to the mentor firm while participating in a joint venture with the prot[eacute]g[eacute] firm. * * * * * I-112.2 Program specific reporting requirements. (a) Mentors must report on the progress made under active mentor-prot[eacute]g[eacute] agreements semiannually for the periods ending March 31st and September 30th throughout the Program participation term of the agreement. The September 30th report must address the entire fiscal year. (1) Reports are due 30 days after the close of each reporting period. (2) Each report must include the following data on performance under the mentor-prot[eacute]g[eacute] agreement: (i) Dollars obligated (for reimbursable agreements). (ii) Expenditures. (iii) Dollars credited, if any, toward applicable subcontracting goals as a result of developmental assistance provided to the prot[eacute]g[eacute] and a copy of the ISR or SF 294 and/or SSR for each contract where developmental assistance was credited. (iv) Any new awards of subcontracts on a competitive or noncompetitive basis to the prot[eacute]g[eacute] firm under DoD contracts or other contracts, including the value of such subcontracts. [[Page 65615]] (v) All technical or management assistance provided by mentor firm personnel for the purposes described in I-106(d). (vi) Any extensions, increases in the scope of work, or additional payments not previously reported for prior awards of subcontracts on a competitive or noncompetitive basis to the prot[eacute]g[eacute] firm under DoD contracts or other contracts, including the value of such subcontracts. (vii) The amount of any payment of progress payments or advance payments made to the prot[eacute]g[eacute] firm for performance under any subcontract made under the Program. (viii) Any loans made by the mentor firm to the prot[eacute]g[eacute] firm. (ix) All Federal contracts awarded to the mentor firm and the prot[eacute]g[eacute] firm as a joint venture, designating whether the award was a restricted competition or a full and open competition. (x) Any assistance obtained by the mentor firm for the prot[eacute]g[eacute] firm from the entities listed at I-106(d)(6). (xi) Whether there have been any changes to the terms of the mentor-prot[eacute]g[eacute] agreement. (xii) A narrative describing the following: (A) The success assistance provided under I-106(d) has had in addressing the developmental needs of the prot[eacute]g[eacute] firm. (B) The impact on DoD contracts. (C) Any problems encountered. (D) Any milestones achieved in the prot[eacute]g[eacute] firm's developmental program. (E) Impact of the agreement in terms of capabilities enhanced, certifications received, and technology transferred. (3) In accordance with section 861, paragraph (b)(2), of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), the reporting requirements specified in paragraphs (a)(2)(iv) through (a)(2)(xii)(C) of this section apply retroactively to mentor-prot[eacute]g[eacute] agreements that were in effect on November 25, 2015. Mentors must submit reports as described in paragraph (a) of this section. (4) A recommended reporting format and guidance for its submission are available at: http://www.acq.osd.mil/osbp/sb/programs/mpp/resources.shtml. (b) The prot[eacute]g[eacute] must provide data, annually by October 31st, on the progress made during the prior fiscal year by the prot[eacute]g[eacute] in employment, revenues, and participation in DoD contracts during-- (1) Each fiscal year of the Program participation term; and (2) Each of the 2 fiscal years following the expiration of the Program participation term. (c) The prot[eacute]g[eacute] report required by paragraph (b) of this section may be provided as part of the mentor report for the period ending September 30th required by paragraph (a) of this section. (d) Progress reports must be submitted-- (1) For credit agreements, to the cognizant Component Director, SBP, that approved the agreement, and the mentor's cognizant DCMA administrative contracting officer; and (2) For reimbursable agreements, to the cognizant Component Director, SBP, the contracting officer, the DCMA administrative contracting officer, and the program manager. [FR Doc. 2016-22574 Filed 9-22-16; 8:45 am] BILLING CODE 5001-06-P
![65610 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules
(d) Reports. (1) The Contractor shall report reported by prime contractors and Contractor to pay liquidated damages to the
semiannually for the six-month periods subcontractors shall be limited to awards Government in the amount identified in the
ending March 31 and September 30, the made to their immediate next-tier comprehensive subcontracting plan.
information in paragraphs (d)(1)(i) through subcontractors. Credit cannot be taken for (4) The Contractor shall have the right of
(v) of this section within 30 days after the awards made to lower-tier subcontractors appeal under the clause in this contract
end of the reporting period. Submit the unless the Contractor or subcontractor has entitled ‘‘Disputes’’ from any final decision
report at https://www.esrs.gov. been designated to receive a small business of the Contracting Officer.
(i) A list of contracts covered under its or small disadvantaged business credit from (g) The Contractor shall include in
comprehensive small business a member firm of the Alaska Native— subcontracts that offer subcontracting
subcontracting plan, to include the Corporations or an Indian tribe. Only opportunities, are expected to exceed
Commercial and Government Entity (CAGE) subcontracts involving performance in the $700,000 ($1.5 million for construction of
code and Data Universal Numbering System U.S. or its outlying areas should be included any public facility), and are required to
(DUNS) number. in these reports. include the clause at 52.219–8, Utilization of
(ii) The amount of first-tier subcontract (i) This report may be submitted on a Small Business Concerns—
dollars awarded during the six-month period corporate, company, or subdivision (e.g., (1) FAR 52.219–9, Small Business
covered by the report to covered small plant or division operating as a separate Subcontracting Plan, and 252.219–7003
business concerns, with the information set profit center) basis, as negotiated in the Small Business Subcontracting Plan (DoD
forth separately by— comprehensive subcontracting plan with the Contracts)—Basic;
(A) North American Industrial Defense Contract Management Agency. (2) 52.219–9, Small Business
Classification System (NAICS) code; (ii) This report encompasses all Subcontracting Plan, with its Alternate III,
(B) Major defense acquisition program, as subcontracting under prime contracts and and 252.219–7003, Small Business
defined in 10 U.S.C. 2430(a); subcontracts with the Department of Defense, Subcontracting Plan (DoD Contracts)—
(C) Contract number, if the contract is for regardless of the dollar value of the Alternate I, to allow for submission of SF
maintenance, overhaul, repair, servicing, subcontracts, and is based on the negotiated 294s in lieu of ISRs; or
rehabilitation, salvage, modernization, or comprehensive subcontracting plan. (3) 252.219–7004, Small Business
modification of supplies, systems, or (iii) The report shall be submitted semi- Subcontracting Plan (Test Program), in
equipment, and the total value of the annually for the six months ending March 31 subcontracts with subcontractors that
contract, including options, exceeds $100 and the twelve months ending September 30. participate in the Test Program described in
million; and Reports are due 30 days after the close of DFARS 219.702–70.
(D) Military department. each reporting period.
(End of clause)
(iii) Total number of subcontracts active (iv) The authority to acknowledge receipt
under the Test Program that would have or reject the SSR resides with the Defense [FR Doc. 2016–22573 Filed 9–22–16; 8:45 am]
otherwise required a subcontracting plan. Contract Management Agency. BILLING CODE 5001–06–P
(iv) Costs incurred in negotiating, (e) The failure of the Contractor or
complying with, and reporting on its subcontractor to comply in good faith with
comprehensive subcontracting plan. the clause of this contract entitled DEPARTMENT OF DEFENSE
(v) Costs avoided through the use of a ‘‘Utilization of Small Business Concerns,’’ or
comprehensive subcontracting plan. an approved plan required by this clause, Defense Acquisition Regulations
(2) The Contractor shall— shall be a material breach of the contract. System
(i) Ensure that subcontractors with (f) Liquidated damages. The Contracting
subcontracting plans agree to submit an Officer designated to manage the
48 CFR Part 219 and Appendix I to
Individual Subcontract Report (ISR) and/or comprehensive subcontracting plan will
Summary Subcontract Report (SSR) using the exercise the functions of the Contracting Chapter 2
Electronic Subcontracting Reporting System Officer, as identified in paragraphs (f)(1) [Docket DARS–2016–0033]
(eSRS). through (4), on behalf of all DoD departments
(ii) Provide its contract number, its DUNS and agencies that awarded contracts covered RIN 0750–AJ05
number, and the email address of the by the Contractor’s comprehensive
Contractor’s official responsible for subcontracting plan. Defense Federal Acquisition
acknowledging or rejecting the ISR to all (1) To determine the need for liquidated Regulation Supplement: Amendment
first-tier subcontractors, who will be required damages, the Contracting Officer will to Mentor-Protégé Program (DFARS
to submit ISRs, so they can enter this conduct a compliance review during the Case 2016–D011)
information into the eSRS when submitting fiscal year after the close of the fiscal year for
their reports. which the plan is applicable. The Contracting AGENCY: Defense Acquisition
(iii) Require that each subcontractor with a Officer will compare the approved Regulations System, Department of
subcontracting plan provide the prime percentage or dollar goals to the total, actual Defense (DoD).
contract number, its own DUNS number, and subcontracting dollars covered by the plan. ACTION: Proposed rule.
the email address of the subcontractor’s (2) If the Contractor has failed to meet its
official responsible for acknowledging or approved subcontracting goal(s), the SUMMARY: DoD is proposing to amend
rejecting the ISRs to its subcontractors with Contracting Officer will provide the the Defense Federal Acquisition
subcontracting plans who will be required to Contractor written notice specifying the Regulation Supplement (DFARS) to
submit ISRs. failure, advising of the potential for implement a section of the National
(iv) Acknowledge receipt or reject all ISRs assessment of liquidated damages, and
permitting the Contractor to demonstrate
Defense Authorization Act for Fiscal
submitted by its subcontractors using eSRS.
(3) The Contractor shall submit SSRs using what good faith efforts have been made. The Year 2016 that provides amendments to
eSRS at http://www.esrs.gov. The reports Contracting Officer may take the Contractor’s the DoD Pilot Mentor-Protégé Program.
shall provide information on subcontract failure to respond to the notice within 15 DATES: Comments on the proposed rule
awards to small business concerns, veteran- working days (or longer period at the should be submitted in writing to the
rmajette on DSK2TPTVN1PROD with PROPOSALS
owned small business concerns, service- Contracting Officer’s discretion) as an address shown below on or before
disabled veteran-owned small business admission that no valid explanation exists. November 22, 2016, to be considered in
concerns, HUBZone small business concerns, (3) If, after consideration of all relevant the formation of a final rule.
small disadvantaged business concerns, and information, the Contracting Officer
women-owned small business concerns. determines that the Contractor failed to make ADDRESSES: Submit comments
Purchases from a corporation, company, or a good faith effort to comply with the identified by DFARS Case 2016–D011,
subdivision that is an affiliate of the prime comprehensive subcontracting plan, the using any of the following methods:
Contractor or subcontractor are not included Contracting Officer will issue a final decision Æ Federal eRulemaking Portal: http://
in these reports. Subcontract award data to the Contractor to that effect and require the www.regulations.gov. Search for
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![Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules 65613
Regulations System, Attn: Ms. Jennifer Appendix I to Chapter 2—Policy and ■ iv. Revising paragraphs (e), (f), and (g);
Johnson, OUSD(AT&L)DPAP/DARS, Procedures for The DOD Pilot Mentor ■ q. Amend section I–109 by—
Room 3B941, 3060 Defense Pentagon, Protégé Program ■ i. Redesignating paragraph (e) as
Washington, DC 20301–3060, or email paragraph (f);
■ 6. Amend appendix I to chapter 2 ■ ii. Adding new paragraph (e);
osd.dfars@mail.mil. Include DFARS by—
Case 2016–D011 in the subject line of ■ r. Amend section I–110.1, in
■ a. In section I–100, revising paragraph paragraph (a), by removing ‘‘DoD
the message. (a); Comprehensive Subcontracting Plan
List of Subjects in 48 CFR Parts 219 and ■ b. Removing section I–101.1; Test Program’’ and adding ‘‘DoD Test
Appendix I to Chapter 2 ■ c. Redesignating section I–101.2 as Program for Negotiation of
section I–101.1; Comprehensive Small Business
Government procurement. ■ d. Adding new section I–101.2; Subcontracting Plans’’ in its place; and
Jennifer L. Hawes, ■ e. Revising section I–101.4; removing ‘‘entity employing the
Editor, Defense Acquisition Regulations ■ f. Removing section I–101.5; severely disabled’’ and adding ‘‘entity
System. ■ g. Redesignating section I–101.6 as employing severely disabled
section I–101.5; individuals’’ in its place;
Therefore, 48 CFR part 219 and ■ h. In the newly redesignated section I– ■ s. Amend section I–112.1 by—
appendix I to chapter 2 are proposed to 101.5, removing ‘‘Section’’ and adding ■ i. In the section heading, removing
be amended as follows: ‘‘section’’ in its place; ‘‘SF 294s’’ and adding ‘‘Standard Forms
■ 1. The authority citation for 48 CFR ■ i. Removing section I–101–7; 294’’ in its place;
part 219 and appendix I to chapter 2 ■ j. Redesignating section I–101.8 as ■ ii. In paragraph (b), removing ‘‘SDB’’
continues to read as follows: section I–101.6; and adding ‘‘applicable’’ in its place;
■ k. In section I–102, revising and removing ‘‘I–101.3 or I–101.5’’ and
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1. paragraphs (a), (b), (c), and (d); adding ‘‘I–102(b)’’ in its place;
■ l. Amend section I–103 by— ■ t. Revise section I–112.2.
PART 219—SMALL BUSINESS ■ i. In paragraph (a), removing The revisions and additions read as
PROGRAMS ‘‘September 30, 2015’’ and adding follows:
‘‘September 30, 2018’’ in its place; I–100 Purpose.
219.7100 [Amended] ■ ii. In paragraph (b), removing
(a) This Appendix I to 48 CFR chapter 2
■ 2. Amend section 219.7100 by— ‘‘September 30, 2018’’ and adding
implements the Pilot Mentor-Protégé
■ a. Removing ‘‘Section 831’’ and ‘‘September 30, 2021’’ in its place; Program (hereafter referred to as the
adding ‘‘section 831’’ in its place; and ■ m. Amend section I–104 by— ‘‘Program’’) established under section 831 of
■ i. Revising paragraph (a); Public Law 101–510, the National Defense
■ b. Adding the phrase ‘‘, as amended
■ ii. In paragraph (c), removing ‘‘as Authorization Act for Fiscal Year 1991 (10
through November 25, 2015’’ to the end U.S.C. 2302 note), as amended through
defined in I–101.5’’ ’
of the first sentence. November 25, 2015. The purpose of the
■ iii. In paragraph (d) removing ‘‘I–
■ 3. Amend section 219.7102 by— Program is to provide incentives to major
107(f)’’ and adding ‘‘I–106(d)’’ in its
■ a. Revising paragraph (a); DoD contractors to furnish eligible small
place; business concerns with assistance designed
■ b. Removing paragraph (b); and ■ iv. Revising paragraph (e); to—
■ c. Redesignating paragraphs (c) and ■ n. Amend section I–105 by— (1) Enhance the capabilities of eligible
(d) as paragraphs (b) and (c), ■ i. Revising paragraph (b)(1); small business concerns to perform as
respectively. ■ ii. In paragraphs (b)(2), (b)(3), (b)(4), subcontractors and suppliers under DoD
(b)(5), (b)(6), removing ‘‘company’s’’ and contracts and other contracts and
The revision reads as follows: subcontracts; and
‘‘company’’ and adding ‘‘entity’s’’ and
219.7102 General. (2) Increase the participation of such
‘‘entity’’, respectively in each place they
business concerns as subcontractors and
* * * * * appear; suppliers under DoD contracts, other Federal
(a) Mentor firms and protégé firms ■ iii. Revising paragraph (b)(7); Government contracts, and commercial
that meet the criteria in Appendix I, ■ iv. Revising paragraph (c); contracts.
section I–102. ■ o. Amend section I–106 by— * * * * *
■ i. In paragraph (d)(1)(i), removing
* * * * * I–101.2 Nontraditional defense contractor.
‘‘business development, ’’;
219.7103–2 [Amended] ■ ii. In paragraph (d)(1)(iii), adding An entity that is not currently performing
‘‘described in I–107(g)’’ to the end of the and has not performed any contract or
■ 4. Amend section 219.7103–2, in subcontract for DoD that is subject to full
paragraph (e)(3), by removing sentence;
coverage under the cost accounting standards
■ iii. In paragraph (d)(2), removing
‘‘219.7102(d)(1)(ii)’’ and adding prescribed pursuant to 41 U.S.C. 1502 and
‘‘219.7102(c)(1)(ii)’’ in its place. ‘‘Award of subcontracts’’ and adding the regulations implementing such section,
‘‘Award of subcontracts to the protégé for at least the 1-year period preceding the
219.7104 [Amended] firm’’ in its place; solicitation of sources by DoD for the
■ iv. Removing paragraph (d)(6); procurement or transaction (10 U.S.C.
■ 5. Amend section 219.7104 by— 2302(9)).
■ v. Redesignating paragraph (d)(7) as
■ a. In paragraph (b)—
(d)(6); * * * * *
rmajette on DSK2TPTVN1PROD with PROPOSALS
■ i. Removing ‘‘Advance agreements are ■ p. Amend section I–107 by—
encouraged.’’; I–101.4 Severely disabled individual.
■ i. In the introductory text, removing
■ ii. Removing ‘‘before October 1, 2018’’ An individual who is blind or severely
‘‘will contain the following elements:’’ disabled as defined in 41 U.S.C. 8501.
and adding ‘‘not later than September and adding ‘‘shall contain—’’ in its
30, 2021’’ in its place; and place; * * * * *
■ b. In paragraph (d), removing ‘‘before ■ ii. Revising paragraph (b); I–102 Participant eligibility.
October 1, 2018’’ and adding ‘‘not later ■ iii. In paragraph (d), removing ‘‘I– (a) To be eligible to participate as a mentor,
than September 30, 2021’’ in its place. 102’’ and adding ‘‘I–102(a)’’ in its place; an entity must—
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![Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Proposed Rules 65615
(v) All technical or management assistance contracting officer, the DCMA administrative NMFS–2016–0081, by any of the
provided by mentor firm personnel for the contracting officer, and the program manager. following methods:
purposes described in I–106(d). [FR Doc. 2016–22574 Filed 9–22–16; 8:45 am] • Electronic Submission: Submit all
(vi) Any extensions, increases in the scope BILLING CODE 5001–06–P electronic public comments via the
of work, or additional payments not Federal e-Rulemaking Portal. Go to
previously reported for prior awards of www.regulations.gov/
subcontracts on a competitive or
DEPARTMENT OF COMMERCE #!docketDetail;D=NOAA-NMFS-2016-
noncompetitive basis to the protégé firm
0081 click the ‘‘Comment Now!’’ icon,
under DoD contracts or other contracts,
including the value of such subcontracts. National Oceanic and Atmospheric complete the required fields, and enter
(vii) The amount of any payment of Administration or attach your comments.
progress payments or advance payments • Mail: Submit written comments to
made to the protégé firm for performance 50 CFR Part 680 Glenn Merrill, Assistant Regional
under any subcontract made under the Administrator, Sustainable Fisheries
Program. [Docket No. 160617541–6541–01] Division, Alaska Region NMFS, Attn:
(viii) Any loans made by the mentor firm Ellen Sebastian. Mail comments to P.O.
RIN 0648–BG15
to the protégé firm. Box 21668, Juneau, AK 99802–1668.
(ix) All Federal contracts awarded to the Fisheries of the Exclusive Economic Instructions: Comments sent by any
mentor firm and the protégé firm as a joint other method, to any other address or
Zone Off Alaska; Bering Sea and
venture, designating whether the award was individual, or received after the end of
a restricted competition or a full and open
Aleutian Islands Crab Rationalization
Program the comment period, may not be
competition. considered by NMFS. All comments
(x) Any assistance obtained by the mentor AGENCY: National Marine Fisheries received are a part of the public record
firm for the protégé firm from the entities Service (NMFS), National Oceanic and and will generally be posted for public
listed at I–106(d)(6).
Atmospheric Administration (NOAA), viewing on www.regulations.gov
(xi) Whether there have been any changes
Commerce. without change. All personal identifying
to the terms of the mentor-protégé agreement.
(xii) A narrative describing the following: ACTION: Proposed rule; request for information (e.g., name, address),
(A) The success assistance provided under comments. confidential business information, or
I–106(d) has had in addressing the otherwise sensitive information
developmental needs of the protégé firm. SUMMARY: NMFS issues a proposed rule submitted voluntarily by the sender will
(B) The impact on DoD contracts. to implement Amendment 47 to the be publicly accessible. NMFS will
(C) Any problems encountered. Fishery Management Plan for Bering accept anonymous comments (enter
(D) Any milestones achieved in the protégé Sea/Aleutian Islands King and Tanner ‘‘N/A’’ in the required fields if you wish
firm’s developmental program. Crabs (Crab FMP) and to make minor to remain anonymous).
(E) Impact of the agreement in terms of clarifications to regulations Electronic copies of Amendment 47 to
capabilities enhanced, certifications received, implementing the Crab FMP. This the Crab FMP, the Regulatory Impact
and technology transferred. proposed rule addresses how individual Review/Initial Regulatory Flexibility
(3) In accordance with section 861, processing quota (IPQ) use caps apply to Analysis (RIR/IRFA) (collectively
paragraph (b)(2), of the National Defense the Bering Sea Chionoecetes bairdi referred to as the ‘‘Analysis’’), and the
Authorization Act for Fiscal Year 2016 (Pub. Tanner crab fisheries: The eastern C. Categorical Exclusion prepared for this
L. 114–92), the reporting requirements
bairdi Tanner (EBT) and the western C. proposed action are available from
specified in paragraphs (a)(2)(iv) through
(a)(2)(xii)(C) of this section apply
bairdi Tanner (WBT). This proposed http://www.regulations.gov or from the
retroactively to mentor-protégé agreements rule would exempt EBT and WBT IPQ NMFS Alaska Region Web site at http://
that were in effect on November 25, 2015. crab that is custom processed at a alaskafisheries.noaa.gov.
Mentors must submit reports as described in facility through contractual The Environmental Impact Statement
paragraph (a) of this section. arrangements with the processing (Program EIS), RIR (Program RIR), Final
(4) A recommended reporting format and facility owners from being applied Regulatory Flexibility Analysis
guidance for its submission are available at: against the IPQ use cap of the (Program FRFA), and Social Impact
http://www.acq.osd.mil/osbp/sb/programs/ processing facility owners, thereby Assessment prepared for the Crab
mpp/resources.shtml. allowing a facility to process more crab Rationalization Program are available
(b) The protégé must provide data, without triggering the IPQ use cap. This from the NMFS Alaska Region Web site
annually by October 31st, on the progress proposed exemption is necessary to at http://alaskafisheries.noaa.gov.
made during the prior fiscal year by the allow all of the EBT and WBT Class A FOR FURTHER INFORMATION CONTACT:
protégé in employment, revenues, and individual fishing quota crab to be
participation in DoD contracts during— Keeley Kent, 907–586–7228.
processed at the facilities currently SUPPLEMENTARY INFORMATION: NMFS
(1) Each fiscal year of the Program
participation term; and processing EBT and WBT crab, and manages the king and Tanner crab
(2) Each of the 2 fiscal years following the would have significant positive fisheries in the U.S. exclusive economic
expiration of the Program participation term. economic effects on the fishermen, zone of the Bering Sea and Aleutian
(c) The protégé report required by processors, and communities that Islands (BSAI) under the Fishery
paragraph (b) of this section may be provided participate in the EBT and WBT Management Plan for Bering Sea/
as part of the mentor report for the period fisheries. This proposed rule is intended Aleutian Islands King and Tanner Crabs
to promote the goals and objectives of
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ending September 30th required by
(Crab FMP). The North Pacific Fishery
paragraph (a) of this section. the Magnuson-Stevens Fishery
(d) Progress reports must be submitted—
Management Council (Council)
Conservation and Management Act, the prepared, and NMFS approved, the Crab
(1) For credit agreements, to the cognizant Crab FMP, and other applicable law.
Component Director, SBP, that approved the FMP under the authority of the
DATES: Submit comments on or before Magnuson-Stevens Fishery
agreement, and the mentor’s cognizant
DCMA administrative contracting officer; and October 24, 2016. Conservation and Management Act
(2) For reimbursable agreements, to the ADDRESSES: You may submit comments (Magnuson-Stevens Act), 16 U.S.C. 1801
cognizant Component Director, SBP, the on this document, identified by NOAA– et seq. Regulations governing U.S.
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Document Created: 2016-09-23 01:43:30
Document Modified: 2016-09-23 01:43:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments on the proposed rule should be submitted in writing to | |
| Contact | Ms. Jennifer Johnson, telephone 571- 372-6100. | |
| FR Citation | 81 FR 65610 | |
| RIN Number | 0750-AJ05 |
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