CANCELLED BY PIC 08-02

07-01

Procurement Information Circular

January 19, 2007

CLASS DEVIATION TO SUSPEND NEW APPLICATIONS TO MENTOR-PROTÉGÉ PROGRAM

 

PURPOSE:

   1.  To provide a class deviation that temporarily suspends new mentor-protégé agreements, until NASA’s Office of Small and Disadvantaged Business Utilization completes the program evaluation that is currently underway; and

   2.  To provide guidance on the application of this deviation on new solicitations and contracts, and on existing contracts and mentor-protégé agreements.

 

BACKGROUND:  Mentor-protégé agreements are approved by the NASA Office of Small and Disadvantaged Business Utilization (OSDBU).  The OSDBU has initiated a review of the program requirements and implementation.  The review is expected to be completed by

October 1, 2007.  Until then no new agreements will be considered.

 

GUIDANCE:

   1.  The enclosed class deviation to NASA FAR Supplement (NFS) Subpart 1819.72 temporarily suspends the application, review and approval of new mentor-protégé agreements. 

   2.  Guidance on the applicability and implementation of the requirements of this deviation is provided below in the form of questions/comments received and responses provided.

 

   (a)   Why are no new mentor-protégé agreements being accepted at this time?

   Reply:  The Office of Small and Disadvantaged Business Utilization is suspending the program in order to restructure it.  While the changes are being evaluated it does not make sense to enter into new agreements that might have to be changed.

 

   (b)  How will this action affect existing agreements?  Will they be terminated? 

   Reply:  It will not affect existing agreements at this time.  They will not be terminated.

 

   (c)   How will this action affect existing contracts?  Are semi-annual and "lessons learned" evaluation reports still required?

   Reply:  It will not affect existing contracts at this time.  Semi-annual and "lessons learned" evaluation reports are still required, when applicable under existing contracts.

 

   (d)  How will this action affect pending and future solicitations? 

   Reply:  To the extent practicable, pending solicitations should be amended to delete any references to the inclusion of new mentor-protégé applications in proposals and the evaluation of such proposed new mentor-protégé relationships.  New solicitations issued during the period of suspension shall not include instructions to offerors concerning the proposal of new mentor-protégé arrangements

  

EFFECTIVE DATE:  This PIC is effective as dated and shall remain in effect until October 1, 2007.

 

HEADQUARTERS CONTACT:  Patrick Flynn, Contract Management Division (5G70), (202) 358-0460, e-mail: patrick.flynn@nasa.gov.

 

 

Tom Luedtke

Assistant Administrator for Procurement

Enclosure

 

DISTRIBUTION:

  PIC LIST

Subpart 1819.72--NASA Mentor-Protégé Program

 

1819.7201 Scope of subpart.  [No Change.]         

  

1819.7202 Definition.  [No Change.]

 

1819.7203 Non-affiliation.  [No Change.]

 

1819.7204 Transportability of features from the Department of Defense (DOD) Mentor- Protégé Program to NASA contractors.  [No Change.]

 

1819.7205 General policy.  [No Change.]

 

1819.7206 Incentives for prime contractor participation.  [No Change.]

 

1819.7207 Measurement of Program success.  [No Change.]

 

1819.7208 Mentor firms.  [No Change.]

 

1819.7209 Protégé firms.  [No Change.]

 

1819.7210 Selection of protégé firms.  [No Change.]

 

1819.7211 Application process for mentor firms to participate in the Program.  [Deviation: new applications suspended until further notice.  See PIC 07-01.]

   (a)  Prime contractors interested in becoming a mentor firm must submit a request to the NASA OSDBU to be approved under the Program.  The application will be evaluated on the extent to which the company plans to provide developmental assistance.  The information required in paragraph (b) of this section must be submitted to be considered for approval as a mentor firm.

   (b)  A proposed mentor must submit the following information to the NASA OSDBU:     

        (1)  A statement that the mentor firm is currently performing under at least one active approved subcontracting plan (small business exempted) and that they are eligible, as of the date of application, for the award of Federal contracts;     

        (2)  The cognizant NASA contract number(s), type of contract, period of performance (including options), title of technical program effort, name of NASA Program Manager (including contact information) and name of the NASA field center where support is provided;           

        (3)  The number of proposed mentor-protégé arrangements;

        (4)  Data on all current NASA contracts and subcontracts to include the contract/subcontract number(s), period of performance, awarding NASA installation or contractor and contract/subcontract value(s) including options;  

        (5)  Data on total number and dollar value of subcontracts awarded under NASA prime contracts within the past 2 years and the number and dollar value of such subcontracts awarded to entities defined as protégés.

        (6)  Information on the proposed types of developmental assistance.  For each proposed mentor-protégé relationship include information on the company's ability to provide developmental assistance to the identified protégé firm and how that assistance will potentially increase subcontracting opportunities for the protégé firm, including subcontracting opportunities in industry categories where these entities are not dominant in the company's current subcontractor base; and

        (7)  A Letter of Intent signed by both parties.  At a minimum, the Letter of Intent must include the stated commitment that the parties intend to enter into a mentor-protégé agreement under the NASA Program, that they intend to cooperate in the establishment of a suitable developmental assistance program to meet their respective needs, and that they agree to comply with the obligations in 1819.7215 and all other provisions governing the Program.

 

1819.7212 OSDBU review and approval process of agreement.   [Deviation: new applications suspended until further notice.  See PIC 07-01.] 

   (a)  The information specified in 1819.7211(b) is reviewed by the NASA OSDBU.  This review will be completed no later than 30 days after receipt by the OSDBU.  The OSDBU will provide a copy of the submitted information to the cognizant NASA technical program manager and contracting officer for a parallel review and concurrence. 

   (b)  If OSDBU approves the application, then the mentor --    

        (1)  Negotiates an agreement with the protégé; and

        (2)  Submits an original and two (2) copies of the agreement to the OSDBU for approval by the NASA Mentor-Protégé program manager, the NASA technical program manager, and the contracting officer.   

   (c)  Upon agreement approval, the mentor may implement a developmental assistance program.

   (d)  An approved agreement will be incorporated into the mentor's contract with NASA.  It should be added to the subcontracting plan in contracts which contain such a plan.

   (e)  If OSDBU disapproves the application, then the mentor may provide additional information for reconsideration.  The review of any supplemental material will be completed within 30 days after receipt by the OSDBU.  Upon finding deficiencies that NASA considers correctable, the OSDBU will notify the mentor and request information to be provided within 30 days that may correct the deficiencies.

 

1819.7213 Agreement contents.  [No Change.]

 

1819.7214 Developmental assistance. [No Change.]

 

1819.7215 Obligation.  [No Change.]

 

1819.7216 Internal controls.  [No Change.]

 

1819.7217 Reports.  [No Change.]

 

1819.7218 Program review.  [No Change.]

 

1819.7219 Solicitation provision and contract clauses.  [Deviation: use of clauses suspended until further notice.  See PIC 07-01.]    

   (a)  The contracting officer shall insert the clause at 1852.219-77, NASA Mentor-Protégé Program, in:         

        (1)  Cost reimbursement solicitations and contracts, or solicitations and contracts with award fee incentives, that include the clause at FAR 52.219-9, Small Business Subcontracting Plan;

        (2)  Small business set-asides of the contract types in (a)(1) of this section with values exceeding $550,000 ($1,000,000 for construction) that offer subcontracting opportunities. 

   (b)  The contracting officer shall insert the clause at 1852.219-79, Mentor Requirements and Evaluation, in contracts where the prime contractor is a participant in the NASA Mentor-Protégé Program.