83_FR_19764 83 FR 19677 - Defense Federal Acquisition Regulation Supplement: Mentor-Protégé Program Modifications (DFARS Case 2017-D016)

83 FR 19677 - Defense Federal Acquisition Regulation Supplement: Mentor-Protégé Program Modifications (DFARS Case 2017-D016)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 87 (May 4, 2018)

Page Range19677-19679
FR Document2018-09487

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2017 that provide modifications to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program.

Federal Register, Volume 83 Issue 87 (Friday, May 4, 2018)
[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Proposed Rules]
[Pages 19677-19679]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09487]


=======================================================================
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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 219 and Appendix I to Chapter 2

[Docket DARS-2018-0019]
RIN 0750-AJ25


Defense Federal Acquisition Regulation Supplement: Mentor-
Prot[eacute]g[eacute] Program Modifications (DFARS Case 2017-D016)

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 sections of the National 
Defense Authorization Act for Fiscal Year 2017 that provide 
modifications 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 July 3, 2018, to be considered in 
the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2017-D016, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2017-D016'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2017-D016.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2017-D016'' on your attached document.
    [cir] Email: [email protected]. Include DFARS Case 2017-D016 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Jennifer D. 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).

[[Page 19678]]


FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 
571-372-6100.

SUPPLEMENTARY INFORMATION: 

I. Background

    This rule proposes to revise the DFARS to implement section 1823 
and paragraph (b) of section 1813 of the National Defense Authorization 
Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328). Sections 1823 
and 1813 provide modifications to the DoD Pilot Mentor-
Prot[eacute]g[eacute] Program (``the Program''). Section 1823 revises 
the definition and requirements associated with affiliation between 
mentor firms and their prot[eacute]g[eacute] firms. Both sections add 
new types of assistance for mentor firms to provide to their 
prot[eacute]g[eacute] firms.

II. Discussion and Analysis

    This rule proposes amendments to DFARS subpart 219.71 and Appendix 
I as summarized in the following paragraphs:
    A. Subpart 219.71, Pilot Mentor-Prot[eacute]g[eacute] Program. 
Section 219.7100, Scope, is amended to reflect the date of the most 
recent statutory changes to the Program.
    B. Appendix I, Policy and Procedures for the DoD Pilot Mentor-
Prot[eacute]g[eacute] Program.
     Section I-101, Definitions, is amended to add the 
definition of ``affiliation'' provided in section 1823.
     Section I-102, Participant eligibility, is amended to add 
new paragraph (e), which specifies that a mentor firm may not enter 
into an agreement with a prot[eacute]g[eacute] firm if the Small 
Business Administration (SBA) has made a determination of affiliation. 
In addition, paragraph (e) addresses the conditions under which DoD 
will request a determination from SBA regarding affiliation.
     Section I-106, Development of mentor-prot[eacute]g[eacute] 
agreements, is amended to add women's business centers under 15 U.S.C. 
656 as a form of assistance that a mentor firm can obtain for a 
prot[eacute]g[eacute] firm.
     Section I-107, Elements of a mentor-prot[eacute]g[eacute] 
agreement, is amended to add new paragraph (h), which implements the 
requirement provided in section 1813 for mentor-prot[eacute]g[eacute] 
agreements to include assistance the mentor firm will provide to the 
prot[eacute]g[eacute] firm in understanding Federal contract 
regulations, including the FAR and DFARS.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf (COTS) Items

    This rule does not propose to create 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. Executive Order 13771

    This rule is not subject to E.O. 13771, Reducing Regulation and 
Controlling Regulatory Costs, because this rule is not a significant 
regulatory action under E.O. 12866.

VI. 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., 
because of the relatively small number of small entities who 
participate in the DoD Pilot Mentor-Prot[eacute]g[eacute] Program. 
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 1823 and paragraph 
(b) of section 1813 of the National Defense Authorization Act (NDAA) 
for Fiscal Year (FY) 2017 (Pub. L. 114-328), which provide 
modifications to the DoD Pilot Mentor-Prot[eacute]g[eacute] Program 
(``the Program''). Specifically, section 1823 revises the definition 
and requirements associated with affiliation between mentor firms and 
their prot[eacute]g[eacute] firms. Both sections add new types of 
assistance for mentors to provide to their prot[eacute]g[eacute]s.
    The objective of this rule is to implement statutory modifications 
to the Program. The legal basis for the modifications is sections 1823 
and paragraph (b) of section 1813 of the NDAA for FY 2017.
    The rule will apply to small entities that participate in the 
Program. There are currently 85 small entities participating in the 
Program.
    The rule does not impose any reporting or recordkeeping 
requirements on any small entities.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    There are no known, significant, alternative approaches to the 
proposed rule that would meet the requirements of the applicable 
statute.
    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 2017-D016), in 
correspondence.

VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 219 and Appendix I to Chapter 2

    Government procurement.

Amy G. Williams,
Deputy, 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 removing ``November 25, 2015'' and adding 
``December 23, 2016'' in its place.
0
3. Amend appendix I to chapter 2 as follows:
0
a. In section I-101 by--
0
i. Redesignating sections I-101.1 through I-101.6 as sections I-101.2 
through I-101.7, respectively; and
0
ii. Adding new section I-101.1.
0
b. In section I-102 by--

[[Page 19679]]

0
i. Redesignating paragraphs (e) and (f) as paragraphs (f) and (g), 
respectively;
0
ii. Adding new paragraph (e); and
0
iii. In newly redesignated paragraph (f), removing ``Subpart 9.4'' and 
adding ``subpart 9.4'' in its place.
0
c. In section I-106 by adding paragraph (d)(6)(v).
0
d. In section I-107 by--
0
i. Redesignating paragraphs (h) through (o) as paragraphs (i) through 
(p), respectively; and
0
ii. Adding new paragraph (h).
    The additions read as follows:

Appendix I to Chapter 2--Policy and Procedures for the DoD Pilot Mentor 
Prot[eacute]g[eacute] Program

* * * * *

I-101.1 Affiliation.

    With respect to a relationship between a mentor firm and a 
prot[eacute]g[eacute] firm, a relationship described under 13 CFR 
121.103.
* * * * *

I-102 Participant eligibility.

* * * * *
    (e) A mentor firm may not enter into an agreement with a 
prot[eacute]g[eacute] firm if SBA has made a determination of 
affiliation. If SBA has not made such a determination and if the DoD 
Office of Small Business Programs (OSBP) has reason to believe, 
based on SBA's regulations regarding affiliation, that the mentor 
firm is affiliated with the prot[eacute]g[eacute] firm, then DoD 
OSBP will request a determination regarding affiliation from SBA.
* * * * *

I-106 Development of mentor-prot[eacute]g[eacute] agreements.

* * * * *
    (d) * * *
    (6) * * *
    (v) Women's business centers described in section 29 of the 
Small Business Act (15 U.S.C. 656).
* * * * *

I-107 Elements of a mentor-prot[eacute]g[eacute] agreement.

* * * * *
    (h) The assistance the mentor will provide to the 
prot[eacute]g[eacute] firm in understanding Federal contract 
regulations, including the FAR and DFARS, after award of a 
subcontract under the Program, if applicable;
* * * * *
[FR Doc. 2018-09487 Filed 5-3-18; 8:45 am]
 BILLING CODE 5001-06-P



                                                                           Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules                                          19677

                                               throughout the auction. Prior to and at                 the underlying rulemaking orders,       DEPARTMENT OF DEFENSE
                                               the close of Auctions 101 and 102, the                  including the Spectrum Frontiers Orders
                                               Commission will post public notices on                  and relevant competitive bidding        Defense Acquisition Regulations
                                               the Auctions website, which articulate                  orders, and are fully consistent        System
                                               the procedures and deadlines for the                    therewith.
                                               respective auctions. The Commission                                                             48 CFR Part 219 and Appendix I to
                                                                                                       6. Federal Rules That May Duplicate,    Chapter 2
                                               makes this information easily accessible
                                                                                                       Overlap, or Conflict With the Proposed
                                               and without charge to benefit all
                                                                                                       Rules                                   [Docket DARS–2018–0019]
                                               Auction 101 and Auction 102
                                               applicants, including small businesses,                    154. None.
                                                                                                                                                             RIN 0750–AJ25
                                               thereby lowering their administrative                   B. Ex Parte Rules
                                               costs to comply with the Commission’s                                                                         Defense Federal Acquisition
                                               competitive bidding rules.                                 155. This proceeding has been
                                                                                                       designated as a ‘‘permit-but-disclose’’               Regulation Supplement: Mentor-
                                                  151. Prior to the start of bidding in
                                                                                                       proceeding in accordance with the                     Protégé Program Modifications
                                               each auction, eligible bidders are given
                                                                                                       Commission’s ex parte rules. Persons                  (DFARS Case 2017–D016)
                                               an opportunity to become familiar with
                                               auction procedures and the bidding                      making oral ex parte presentations must               AGENCY:  Defense Acquisition
                                               system by participating in a mock                       file a copy of any written presentations              Regulations System, Department of
                                               auction. Further, the Commission                        or memoranda summarizing any oral                     Defense (DoD).
                                               intends to conduct Auctions 101 and                     presentation within two business days
                                                                                                                                                             ACTION: Proposed rule.
                                               102 electronically over the internet                    after the presentation (unless a different
                                               using its web-based auction system that                 deadline applicable to the Sunshine                   SUMMARY:   DoD is proposing to amend
                                               eliminates the need for bidders to be                   Period applies). Persons making oral ex               the Defense Federal Acquisition
                                               physically present in a specific location.              parte presentations are reminded that                 Regulation Supplement (DFARS) to
                                               Qualified bidders also have the option                  memoranda summarizing the                             implement sections of the National
                                               to place bids by telephone. These                       presentations must (1) list all persons               Defense Authorization Act for Fiscal
                                               mechanisms are made available to                        attending or otherwise participating in               Year 2017 that provide modifications to
                                               facilitate participation in Auction 101                 the meeting at which the ex parte                     the DoD Pilot Mentor-Protégé Program.
                                               and Auction 102 by all eligible bidders,                presentation was made, and (2)                        DATES: Comments on the proposed rule
                                               and may result in significant cost                      summarize all data presented and                      should be submitted in writing to the
                                               savings for small business entities who                 arguments made during the                             address shown below on or before July
                                               utilize these alternatives. Moreover, the               presentation. If the presentation                     3, 2018, to be considered in the
                                               adoption of bidding procedures in                       consisted in whole or in part of the                  formation of a final rule.
                                               advance of the auctions, consistent with                presentation of data or arguments
                                                                                                                                                             ADDRESSES: Submit comments
                                               statutory directive, is designed to ensure              already reflected in the presenter’s
                                               that the auctions will be administered                  written comments, memoranda, or other                 identified by DFARS Case 2017–D016,
                                               predictably and fairly for all                          filings in the proceeding, the presenter              using any of the following methods:
                                               participants, including small                           may provide citations to such data or                    Æ Regulations.gov: http://
                                               businesses.                                             arguments in his or her prior comments,               www.regulations.gov. Submit comments
                                                  152. For Auction 101 and Auction                     memoranda, or other filings (specifying               via the Federal eRulemaking portal by
                                               102, the Commission proposes a $25                      the relevant page and/or paragraph                    entering ‘‘DFARS Case 2017–D016’’
                                               million cap on the total amount of                      numbers where such data or arguments                  under the heading ‘‘Enter keyword or
                                               bidding credits that may be awarded to                  can be found) in lieu of summarizing                  ID’’ and selecting ‘‘Search.’’ Select the
                                               an eligible small business and a $10                    them in the memorandum. Documents                     link ‘‘Submit a Comment’’ that
                                               million cap on the total amount of                      shown or given to the Commission staff                corresponds with ‘‘DFARS Case 2017–
                                               bidding credits that may be awarded to                  during ex parte meetings are deemed to                D016.’’ Follow the instructions provided
                                               a rural service provider in each auction.               be written ex parte presentations and                 at the ‘‘Submit a Comment’’ screen.
                                               In addition, the Commission proposes a                  must be filed consistent with rule                    Please include your name, company
                                               $10 million cap on the overall amount                   1.1206(b). In proceedings governed by                 name (if any), and ‘‘DFARS Case 2017–
                                               of bidding credits that any winning                     rule 1.49(f) or for which the                         D016’’ on your attached document.
                                               small business bidder in either auction                 Commission has made available a                          Æ Email: osd.dfars@mail.mil. Include
                                               may apply to winning licenses in                        method of electronic filing, written ex               DFARS Case 2017–D016 in the subject
                                               markets with a population of 500,000 or                 parte presentations and memoranda                     line of the message.
                                               less. Based on the technical                            summarizing oral ex parte                                Æ Fax: 571–372–6094.
                                               characteristics of the UMFUS bands and                  presentations, and all attachments                       Æ Mail: Defense Acquisition
                                               its analysis of past auction data, the                  thereto, must be filed through the                    Regulations System, Attn: Ms. Jennifer
                                               Commission anticipates that its                         electronic comment filing system                      D. Johnson, OUSD(AT&L)DPAP/DARS,
                                               proposed caps will allow the majority of                available for that proceeding, and must               Room 3B941, 3060 Defense Pentagon,
                                               small businesses in each auction to take                be filed in their native format (e.g., .doc,          Washington, DC 20301–3060.
                                               full advantage of the bidding credit                    .xml, .ppt, searchable .pdf). Participants               Comments received generally will be
                                               program, thereby lowering the relative                  in this proceeding should familiarize                 posted without change to http://
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                                               costs of participation for small                        themselves with the Commission’s ex                   www.regulations.gov, including any
                                               businesses.                                             parte rules.                                          personal information provided. To
                                                  153. These proposed procedures for                                                                         confirm receipt of your comment(s),
                                               the conduct of Auctions 101 and 102                     Federal Communications Commission.                    please check www.regulations.gov,
                                               constitute the more specific                            Marlene Dortch,                                       approximately two to three days after
                                               implementation of the competitive                       Secretary.                                            submission to verify posting (except
                                               bidding rules contemplated by Parts 1                   [FR Doc. 2018–09415 Filed 5–3–18; 8:45 am]            allow 30 days for posting of comments
                                               and 30 of the Commission’s rules and                    BILLING CODE 6712–01–P                                submitted by mail).


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                                               19678                       Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules

                                               FOR FURTHER INFORMATION CONTACT:               Ms.      III. Applicability to Contracts at or                 modifications is sections 1823 and
                                               Jennifer D. Johnson, telephone 571–                     Below the Simplified Acquisition                      paragraph (b) of section 1813 of the
                                               372–6100.                                               Threshold (SAT) and for Commercial                    NDAA for FY 2017.
                                                                                                       Items, Including Commercially                            The rule will apply to small entities
                                               SUPPLEMENTARY INFORMATION:                              Available Off-the-Shelf (COTS) Items                  that participate in the Program. There
                                               I. Background                                              This rule does not propose to create               are currently 85 small entities
                                                                                                       any new provisions or clauses or impact               participating in the Program.
                                                  This rule proposes to revise the                     any existing provisions or clauses.                      The rule does not impose any
                                               DFARS to implement section 1823 and                                                                           reporting or recordkeeping requirements
                                               paragraph (b) of section 1813 of the                    IV. Executive Orders 12866 and 13563                  on any small entities.
                                               National Defense Authorization Act                         Executive Orders (E.O.s) 12866 and                    The rule does not duplicate, overlap,
                                               (NDAA) for Fiscal Year (FY) 2017 (Pub.                  13563 direct agencies to assess all costs             or conflict with any other Federal rules.
                                               L. 114–328). Sections 1823 and 1813                     and benefits of available regulatory                     There are no known, significant,
                                               provide modifications to the DoD Pilot                  alternatives and, if regulation is                    alternative approaches to the proposed
                                               Mentor-Protégé Program (‘‘the                         necessary, to select regulatory                       rule that would meet the requirements
                                               Program’’). Section 1823 revises the                    approaches that maximize net benefits                 of the applicable statute.
                                               definition and requirements associated                  (including potential economic,                           DoD invites comments from small
                                               with affiliation between mentor firms                   environmental, public health and safety               business concerns and other interested
                                               and their protégé firms. Both sections                effects, distributive impacts, and                    parties on the expected impact of this
                                               add new types of assistance for mentor                  equity). E.O. 13563 emphasizes the                    rule on small entities.
                                                                                                       importance of quantifying both costs                     DoD will also consider comments
                                               firms to provide to their protégé firms.
                                                                                                       and benefits, of reducing costs, of                   from small entities concerning the
                                               II. Discussion and Analysis                             harmonizing rules, and of promoting                   existing regulations in subparts affected
                                                                                                       flexibility. This is not a significant                by this rule in accordance with 5 U.S.C.
                                                  This rule proposes amendments to                     regulatory action and, therefore, was not             610. Interested parties must submit such
                                               DFARS subpart 219.71 and Appendix I                     subject to review under section 6(b) of               comments separately and should cite 5
                                               as summarized in the following                          E.O. 12866, Regulatory Planning and                   U.S.C. 610 (DFARS Case 2017–D016), in
                                               paragraphs:                                             Review, dated September 30, 1993. This                correspondence.
                                                  A. Subpart 219.71, Pilot Mentor-                     rule is not a major rule under 5 U.S.C.               VII. Paperwork Reduction Act
                                               Protégé Program. Section 219.7100,                    804.
                                               Scope, is amended to reflect the date of                                                                        The rule does not contain any
                                                                                                       V. Executive Order 13771                              information collection requirements that
                                               the most recent statutory changes to the
                                               Program.                                                  This rule is not subject to E.O. 13771,             require the approval of the Office of
                                                                                                       Reducing Regulation and Controlling                   Management and Budget under the
                                                  B. Appendix I, Policy and Procedures                 Regulatory Costs, because this rule is                Paperwork Reduction Act (44 U.S.C.
                                               for the DoD Pilot Mentor-Protégé                      not a significant regulatory action under             chapter 35).
                                               Program.                                                E.O. 12866.
                                                                                                                                                             List of Subjects in 48 CFR Part 219 and
                                                  • Section I–101, Definitions, is                     VI. Regulatory Flexibility Act                        Appendix I to Chapter 2
                                               amended to add the definition of
                                               ‘‘affiliation’’ provided in section 1823.                  DoD does not expect this proposed                      Government procurement.
                                                                                                       rule to have a significant economic
                                                  • Section I–102, Participant                         impact on a substantial number of small               Amy G. Williams,
                                               eligibility, is amended to add new                      entities within the meaning of the                    Deputy, Defense Acquisition Regulations
                                               paragraph (e), which specifies that a                   Regulatory Flexibility Act, 5 U.S.C. 601,             System.
                                               mentor firm may not enter into an                       et seq., because of the relatively small                Therefore, 48 CFR part 219 and
                                               agreement with a protégé firm if the                  number of small entities who participate              appendix I to chapter 2 are proposed to
                                               Small Business Administration (SBA)                     in the DoD Pilot Mentor-Protégé                     be amended as follows:
                                               has made a determination of affiliation.                Program. However, an initial regulatory               ■ 1. The authority citation for 48 CFR
                                               In addition, paragraph (e) addresses the                flexibility analysis has been performed               part 219 and appendix I to chapter 2
                                               conditions under which DoD will                         and is summarized as follows:                         continues to read as follows:
                                               request a determination from SBA                           This rule proposes to amend the
                                               regarding affiliation.                                  Defense Federal Acquisition Regulation                  Authority: 41 U.S.C. 1303 and 48 CFR
                                                                                                                                                             chapter 1.
                                                  • Section I–106, Development of                      Supplement (DFARS) to implement
                                               mentor-protégé agreements, is amended                 section 1823 and paragraph (b) of                     PART 219—SMALL BUSINESS
                                               to add women’s business centers under                   section 1813 of the National Defense                  PROGRAMS
                                               15 U.S.C. 656 as a form of assistance                   Authorization Act (NDAA) for Fiscal
                                               that a mentor firm can obtain for a                     Year (FY) 2017 (Pub. L. 114–328), which               219.7100    [Amended]
                                               protégé firm.                                         provide modifications to the DoD Pilot                ■ 2. Amend section 219.7100 by
                                                                                                       Mentor-Protégé Program (‘‘the                       removing ‘‘November 25, 2015’’ and
                                                  • Section I–107, Elements of a                       Program’’). Specifically, section 1823                adding ‘‘December 23, 2016’’ in its
                                               mentor-protégé agreement, is amended                  revises the definition and requirements               place.
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                                               to add new paragraph (h), which                         associated with affiliation between                   ■ 3. Amend appendix I to chapter 2 as
                                               implements the requirement provided                     mentor firms and their protégé firms.               follows:
                                               in section 1813 for mentor-protégé                    Both sections add new types of                        ■ a. In section I–101 by—
                                               agreements to include assistance the                    assistance for mentors to provide to                  ■ i. Redesignating sections I–101.1
                                               mentor firm will provide to the protégé               their protégés.                                     through I–101.6 as sections I–101.2
                                               firm in understanding Federal contract                     The objective of this rule is to                   through I–101.7, respectively; and
                                               regulations, including the FAR and                      implement statutory modifications to                  ■ ii. Adding new section I–101.1.
                                               DFARS.                                                  the Program. The legal basis for the                  ■ b. In section I–102 by—



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                                                                           Federal Register / Vol. 83, No. 87 / Friday, May 4, 2018 / Proposed Rules                                                 19679

                                               ■  i. Redesignating paragraphs (e) and (f)              I–101.1 Affiliation.                                  I–106 Development of mentor-protégé
                                               as paragraphs (f) and (g), respectively;                  With respect to a relationship between a            agreements.
                                               ■ ii. Adding new paragraph (e); and                     mentor firm and a protégé firm, a                   *        *       *    *   *
                                               ■ iii. In newly redesignated paragraph                  relationship described under 13 CFR                     (d) * * *
                                                                                                       121.103.                                                (6) * * *
                                               (f), removing ‘‘Subpart 9.4’’ and adding                                                                        (v) Women’s business centers described in
                                               ‘‘subpart 9.4’’ in its place.                           *      *     *       *       *                        section 29 of the Small Business Act (15
                                               ■ c. In section I–106 by adding                         I–102 Participant eligibility.                        U.S.C. 656).
                                               paragraph (d)(6)(v).                                                                                          *        *       *    *   *
                                                                                                       *      *     *       *       *
                                               ■ d. In section I–107 by—
                                                                                                          (e) A mentor firm may not enter into an            I–107 Elements of a mentor-protégé
                                               ■ i. Redesignating paragraphs (h)                       agreement with a protégé firm if SBA has            agreement.
                                               through (o) as paragraphs (i) through (p),              made a determination of affiliation. If SBA           *        *       *    *   *
                                               respectively; and                                       has not made such a determination and if the            (h) The assistance the mentor will provide
                                               ■ ii. Adding new paragraph (h).                         DoD Office of Small Business Programs                 to the protégé firm in understanding Federal
                                                  The additions read as follows:                       (OSBP) has reason to believe, based on SBA’s          contract regulations, including the FAR and
                                                                                                       regulations regarding affiliation, that the           DFARS, after award of a subcontract under
                                               Appendix I to Chapter 2—Policy and                      mentor firm is affiliated with the protégé          the Program, if applicable;
                                               Procedures for the DoD Pilot Mentor                     firm, then DoD OSBP will request a                    *        *       *    *   *
                                               Protégé Program                                       determination regarding affiliation from SBA.         [FR Doc. 2018–09487 Filed 5–3–18; 8:45 am]
                                               *      *     *       *      *                           *      *     *       *       *                        BILLING CODE 5001–06–P
amozie on DSK3GDR082PROD with PROPOSALS




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Document Created: 2018-11-02 09:52:29
Document Modified: 2018-11-02 09:52:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments on the proposed rule should be submitted in writing to
ContactMs. Jennifer D. Johnson, telephone 571-372-6100.
FR Citation83 FR 19677 
RIN Number0750-AJ25

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