04-40

Procurement Notice


May 29, 2009

NASA MENTOR-PROTEGE PROGRAM

PURPOSE: This PN revises subpart 1819.72 to update the procedures for NASA’s Mentor-Protégé program.

 

BACKGROUND:   This PN is a result of a study of NASA’s Mentor-Protégé program.  The changes streamline the program; align the mentoring to technical skills; expand the program to Veteran-owned, HUBZone, and NASA Small Business Innovation Research (SBIR) Phase II small businesses; and include award fee incentives. 

 

ACQUISITIONS AFFECTED BY CHANGES:  NASA's revised procedures for the Mentor-Protégé program will be effective for new applications that are submitted on or after the effective date of the publication date.

 
ACTIONS REQUIRED BY CONTRACTING OFFICERS:  Contracting officers must comply with the requirements of subpart 1819.72.
 
CLAUSE CHANGES:  Changes were made to 1852.19-77 NASA Mentor-Protégé Program and 1852.219-79 Mentor Requirements and Evaluation. 
 
PARTS AFFECTED:  Parts 1819 and 1852.
 
REPLACEMENT PAGES:   You may use the enclosed pages to replace Part 1819, 52:37, 52:38, and 52:38.1 (added) of the NFS.
 
TYPE OF RULE AND PUBLICATION DATE:  The PN was published as a final rule in the Federal Register (74 FR 25671-25677) on May 29, 2009.
 
HEADQUARTERS CONTACT:  Sandra Morris, Office of Procurement, Contract Management Division, (202) 358-0532, email: Sandra.Morris@nasa.gov.

 

 

 

James A. Balinskas

Director, Contract Management Division

 

 Enclosures

 

DISTRIBUTION:

  PN List

 



PART 1819

SMALL BUSINESS PROGRAMS

 

TABLE OF CONTENTS

 

    1819.001                             Definitions.

 

SUBPART     1819.2              POLICIES

    1819.201                             General policy.

       

SUBPART     1819.3             DETERMINATION OF SMALL BUSINESS STATUS

                                                  FOR SMALL BUSINESS PROGRAMS

    1819.302                             Protesting a small business representation. 

 

SUBPART     1819.5             SET-ASIDES FOR SMALL BUSINESS

    1819.502                             Setting aside acquisitions.

    1819.502-70                       Non-initiation of set-asides.

    1819.502-3                         Partial set-asides.

    1819.502-370                     NASA reporting requirements.

    1819.505                             Rejecting Small Business Administration recommendations.

   

SUBPART     1819.6             CERTIFICATES OF COMPETENCY AND          

                                                    DETERMINATIONS OF RESPONSIBILITY

    1819.602                             Procedures.

    1819.602-1                         Referral.

    1819.602-3                         Resolving differences between the agency and the Small Business

                                                   Administration.

    1819.602-370                     NASA procedures.

 

SUBPART     1819.7              THE SMALL BUSINESS SUBCONTRACTING PROGRAM

    1819.705-2                          Determining the need for a subcontracting plan.

    1819.705-4                          Reviewing the subcontracting plan.

    1819.705-470                      Acquisition-specific subcontracting goals.

    1819.708                              Contract clauses.

    1819.708-70                        NASA solicitation provision and contract clause.

 

SUBPART     1819.8              CONTRACTING WITH THE SMALL BUSINESS

                                                    ADMINISTRATION (THE 8(a) PROGRAM)

    1819.800                              General

    1819.804                              Evaluation, offering, and acceptance.

    1819.804-1                          Agency evaluation.

    1819.812                             Contract Administration

 

SUBPART     1819.10           SMALL BUSINESS COMPETITIVENESS

                                                   DEMONSTRATION PROGRAM

    1819.1005                            Applicability.

 

SUBPART     1819.70            NASA 8 PERCENT GOAL

    1819.7000                            General.

    1819.7002                            Contracting officer responsibility.

    1819.7003                            Contract clause.

 

SUBPART     1819.71            NASA RURAL AREA SMALL BUSINESS PLAN

    1819.7101                            Definition.

    1819.7102                            General.

    1819.7103                            Solicitation provision and contract clause.

 

SUBPART     1819.72           NASA Mentor-Protégé Program

  1819.7201                             Scope of subpart.

  1819.7202                             Eligibility.

  1819.7203                              Mentor approval process.

  1819.7204                              Protégé selection.

  1819.7205                              Mentor-protégé agreements.

  1819.7206                              Agreement contents.

  1819.7207                              Agreement submission and approval process.

  1819.7208                              Award Fee Pilot Program.

  1819.7209                              Credit agreements.

  1819.7210                              Agreement terminations.

  1819.7211                              Loss of eligibility.

  1819.7212                              Reporting requirements.

  1819.7213                              Performance reviews.

  1819.7214                              Measurement of program success

  1819.7215                              Solicitation provision and contract clauses.

 

SUBPART        1819.73        SMALL BUSINESS INNOVATION RESEARCH (SBIR) AND

                                                  SMALL BUSINESS TECHNOLOGY TRANSFER (STTR)

                                                  PROGRAMS

  1819.7301                              Scope of subpart.

  1819.7302                              NASA contract clauses.

 

 

PART 1819

SMALL BUSINESS PROGRAMS

 

1819.001 Definitions.

   “High-Tech” as used in this part means research and/or development efforts that are within or advance the state-of-the-art in a technology discipline and are performed primarily by professional engineers, scientists, and highly skilled and trained technicians or specialists.

 

Subpart 1819.2--Policies

 

1819.201 General policy.

   (a)(i) NASA is committed to providing to small, veteran-owned small business, service-disabled veteran-owned small business, HUBZone, small disadvantaged, and women-owned small business concerns, maximum practicable opportunities to participate in Agency acquisitions at the prime contract level.  The participation of NASA prime contractors in providing subcontracting opportunities to such entities is also an essential part of the Agency's commitment.  The participation of these entities is particularly emphasized in high-technology areas where they have not traditionally dominated.

      (ii) NASA annually negotiates Agency small, service-disabled veteran-owned small business, HUBZone, small disadvantaged, and women-owned small business prime and subcontracting goals with the Small Business Administration pursuant to section 15(g) of the Small Business Act (15 U.S.C. 644).  In addition, NASA has the following statutory goals based on the total value of prime and subcontract awards:

              (A) Under Public Laws 101-144, 101-507, and 102-389, an annual goal of at least 8 percent for prime and subcontract awards to small disadvantaged business (SDB) concerns, Historically Black Colleges and Universities (HBCUs), minority institutions (MIs), and women-owned small businesses (WOSBs) (see 1819.7000); and

              (B) Under 10 U.S.C. 2323, an annual goal of 5 percent for prime and subcontract awards to SDBs, HBCUs, and WOSBs.  

   (d)  The Assistant Administrator for Small and Disadvantaged Business Utilization is the Agency official responsible for carrying out the duties in FAR 19.201(d). 

   (e)(i)  The center director shall designate a qualified individual in the contracting office as a small business specialist to provide a central point of contact to which small business concerns may direct inquiries concerning small business matters and participation in NASA acquisitions.  The small business specialist shall also perform other functions specifically set forth in this section 1819.201 or that the procurement officer may prescribe, with the concurrence of the Assistant Administrator for Small and Disadvantaged Business Utilization, for implementing the Small Business Program.  When the center director considers that the volume of acquisitions or the functions relating to acquisitions at the center do not warrant a full-time small business specialist, these duties may be assigned to procurement personnel on a part-time basis.  However, whether full-time or part-time, that assigned individual, when performing the duties of a small business specialist, shall report directly to the Procurement Officer.

         (ii)  Small business specialists appointed under paragraph (d)(i) of this section shall perform the following duties, as the procurement officer determines appropriate to the installation:

             (A)  Maintain a program designed to locate capable small business sources, including those located in labor surplus areas, for current and future acquisitions.

             (B)  Coordinate inquiries and requests for advice from small business concerns on acquisition matters.

             (C)  Before issuance of solicitations or contract modifications for additional supplies or services, determine that small business concerns will receive adequate consideration, including making recommendations for initiation of set-asides (see FAR 19.5 and 19.8) and for taking action in accordance with FAR 19.506(b) and 1819.502-70.  Participate and provide input early in the acquisition planning phase of proposed acquisitions, including procurement strategy meetings.

             (D)  If small business concerns cannot be given an opportunity to compete because adequate specifications or drawings are not available, work with appropriate technical and contracting personnel to ensure that necessary specifications or drawings for current or future acquisitions will be available.

             (E)  Review acquisitions for possible breakout of items suitable for acquisition from small business concerns.

             (F)  Advise small business concerns regarding financial assistance available under laws and regulations, assist such concerns in applying for such assistance, and ensure that small business concerns' requests for financial assistance are not treated as a handicap in securing the award of contracts.

             (G)  Participate in responsibility determinations (see FAR 9.103) when small business concerns are involved.

             (H)  Participate in the evaluation of prime contractors' small business subcontracting programs (see FAR 19.705-4).

             (I)   Review and make appropriate recommendations to the contracting officer on any proposal to furnish Government-owned facilities to a contractor if such action may hurt the Small Business Program.

             (J)   Ensure that participation of small business concerns is accurately reported.

             (K)  Make available to SBA copies of solicitations when requested.

             (L)  Act as liaison between contracting officers and SBA area offices and representatives in connection with set-asides, certificates of competency, and any other matters in which the Small Business Program may be involved.

             (M)  In cooperation with contracting officers and technical personnel, seek and develop information on the technical competence of small business concerns for research and development contracts.  Regularly bring to the attention of contracting officers and technical personnel descriptive data, brochures, and other information regarding small business concerns that are apparently competent to perform research and development work in fields in which NASA is interested.

             (N)  When a small business concern's offer has been rejected for nonresponsiveness or nonresponsibility, assist that concern, upon its request, in understanding such requirements for future awards.

             (O)  Advise center personnel, as necessary, on new Governmentwide and Agency-approved small business programs and initiatives.

   (f) (1)  The NASA Ombudsman, the Director of the Contract Management Division, is the designated official for determining whether the use of the SDB mechanism in FAR Subpart 19.11 has resulted in an undue burden on non-SDB firms in the Department of Commerce designated NAICS Major Groups, or is otherwise inappropriate.

 

Subpart 1819.3--Determination of Small Business Status for Small Business Programs

 

1819.302 Protesting a small business representation. 

   (d) (1)  The contracting officer shall not make awards of small business set-aside acquisitions before the expiration of the period for receipt of a size standard protest.

 

Subpart 1819.5--Set-Asides for Small Business

 

1819.502 Setting aside acquisitions.

 

1819.502-70 Non-initiation of set-asides.  

   (a)  All cases involving the non-initiation of a set-aside, whether resulting from a joint decision of the small business specialist and the contracting officer or a decision by the contracting officer alone, require referral to the SBA representative (if one is assigned and available) for review.

   (b)  If the small business specialist recommends that an individual acquisition or a class of acquisitions, or a portion thereof, be set aside, the contracting officer shall promptly either concur in or disapprove the recommendation, stating in writing the reasons for disapproval.

   (c)  When an SBA representative is assigned and available and the contracting officer disapproves the small business specialist's recommendation, the contracting officer shall promptly refer the case to the SBA representative for review.  The small business specialist shall take no further appeal action.  The SBA representative must either concur with the decision or appeal the case to the procurement officer under FAR 19.505.  If the procurement officer approves the contracting officer’s decision and the SBA appeals under FAR 19.505(c), the procurement officer shall forward the required written justification, including a history of discussions between the center and the SBA and rationale for the decision, to the Headquarters Office of Procurement, Program Operations Division.

   (d)  The contracting officer shall prepare, sign, and retain in the contract file a memorandum of nonconcurrence in a recommended set-aside action.

 

1819.502-3 Partial set-asides.

 

1819.502-370 NASA Reporting Requirements.

   The contracting officer shall separately report, in accordance with Subpart 1804.6, awards of the non-set-aside portions of small business set-aside acquisitions.

 

1819.505 Rejecting Small Business Administration recommendations.

   See 1819.502-70.

 

Subpart 1819.6--Certificates of Competency and Determinations of Responsibility

 

1819.602 Procedures.

 

1819.602-1 Referral.   

   (a)  On proposed awards exceeding the simplified acquisition threshold, the contracting officer should consider requesting a preaward survey (see FAR 9.106) before determining that a responsive small business firm is not responsible.  The scope of the preaward survey request should be limited to those elements of responsibility that are questioned.     

        (2)  The contracting officer shall forward a copy of the referral to SBA through the procurement officer to the Headquarters Office of Small and Disadvantaged Business Utilization  (Code K).

 

1819.602-3 Resolving differences between the agency and the Small Business                          Administration.

 

1819.602-370 NASA Procedures. 

   (a)  When agreement cannot be reached between the contracting officer and the SBA Area Office, the contracting officer shall forward to the Headquarters Office of Procurement (Code HS) on an expedited basis, a complete case file with a request that the case be considered for appeal to SBA Headquarters.  The contracting officer shall include the data already furnished to SBA, SBA's rationale for proposing to issue a COC, and the contracting officer's comments.  The contracting officer shall suspend acquisition action until informed by Code HS of the final decision in the case.

   (b)  If the Office of Procurement concludes that the referral to SBA should be withdrawn and a contract awarded without benefit of a COC, Code HS shall inform the contracting officer.

   (c)  If the Office of Procurement agrees with the contracting officer's recommended appeal action, the Assistant Administrator for Procurement shall forward the appeal through the Office of Small and Disadvantaged Business Utilization (Code K) to SBA Headquarters.

 

Subpart 1819.7--The Small Business Subcontracting Program

 

1819.705-2 Determining the need for a subcontracting plan.   

   (d)  Solicitations for competitive negotiated acquisitions shall require proposed subcontracting plans with initial proposals (see 1819.708(b)(1)).  For sole source negotiated acquisitions, the contractor shall be required to submit a proposed subcontracting plan with the proposal. 

 

1819.705-4 Reviewing the subcontracting plan.

 

1819.705-470 Acquisition-specific subcontracting goals.

   Section 1819.201 addresses Agencywide goals at the combined prime and subcontract levels.  Appropriate subcontracting goals for an individual acquisition, however, are to be independently determined on the basis of the specific circumstances of the acquisition, consistent with FAR 19.705-4 and 1819.7002(b), and not on the basis of an Agencywide or center goal.  Acquisition-specific subcontracting goals should reflect maximum practicable opportunities for all categories of small business concerns to participate in NASA programs, consistent with efficient performance.  The methods outlined in NASA Policy Directive (NPD) 5000.2, Uniform Methodology for Determination of Small Disadvantaged Subcontracting Goals, may also be useful in establishing reasonable subcontracting goals for small, veteran-owned small business, service-disabled veteran-owned small business, HUBZone, and women-owned small business concerns.

 

1819.708 Contract clauses. 

   (b) (1)  The contracting officer shall use the clause at FAR 52.219-9 with its Alternate II when contracting by negotiation.

 

1819.708-70 NASA solicitation provision and contract clause. 

   (a) The contracting officer shall insert the provision at 1852.219-73, Small Business Subcontracting Plan, in invitations for bids containing the clause at FAR 52.219-9 with its Alternate I. Insert in the last sentence the number of calendar days after request that the offeror must submit a complete plan.

   (b) The contracting officer shall insert the clause at 1852.219-75, Small Business Subcontracting Reporting, in solicitations and contracts containing the clause at FAR 52.219-9, except for contracts covered by an approved commercial plan.

 

Subpart 1819.8--Contracting with the Small Business Administration

(The 8(a) Program)

1819.800 General.

   (f) NASA and the Small Business Administration maintain a Partnership Agreement (PA) to allow direct contracting with 8(a) firms by NASA.  Specific guidance on the implementation of the PA through a class deviation to certain requirements set forth in Subpart 19.8 is set forth in Procurement Information (PIC) 08-06.  Centers are to refer to the PIC to determine if direct contracting is currently authorized.

 

1819.804 Evaluation, offering, and acceptance.

 

1819.804-1 Agency evaluation.

   The small business specialist shall review and evaluate all acquisition requirements to determine their suitability for offering to SBA for 8(a) acceptance and make a recommendation to the contracting officer concerning award to SBA.

 

1819.812 Contract Administration.

   (d) The Small Business Act, at 15 USC 637(a)(21)(A), requires a contract awarded under the 8(a) Program to be performed by the concern that initially received the contract. If the owner(s) upon whom eligibility was based subsequently relinquishes ownership or control, or enters into any agreement to relinquish ownership or control, the contract shall be terminated for convenience unless a request for waiver is submitted by the contractor, or by NASA.  Only the Small Business Administration (SBA) may waive this requirement.  Contracting Officers must coordinate any planned requests for waiver of an 8(a) contract termination with the Headquarters Office of Procurement (Program Operations Division).  The Headquarters Office of Procurement will review and coordinate the package with Headquarters offices, as appropriate, and will either forward the request to the Administrator for signature or will advise the Contracting Officer of the decision not to submit the request to the SBA.   

 

Subpart 1819.10--Small Business Competitiveness Demonstration Program

 

1819.1005 Applicability.

   (b) The targeted industry categories for NASA and their North American Industry Classification System (NAICS) codes are:

 

NAICS Code

Industry Category

334111

Electronic Computer Manufacturing

334418

Printed Circuit Assembly (Electronic Assembly) Manufacturing

334613

Magnetic and Optical Recording Media Manufacturing

334119

Other Computer Peripheral Equipment Manufacturing

33422

 

Radio and Television Broadcasting and Wireless Communication Equipment Manufacturing

336415

 

Guided Missile and Space Vehicle Propulsion Unit and Propulsion Unit Parts Manufacturing

336419

 

Other Guided Missile and Space Vehicle Parts and Auxiliary Equipment Manufacturing

334511

 

Search, Detection, Navigation, Guidance, Aeronautical, and Nautical Systems and Instrument Manufacturing

333314

Optical Instrument and Lens Manufacturing

541511

Custom Computer Programming Services     

541512

Computer Systems Design Services

51421

Data Processing Services

541519

Other Computer Related Services

 

Subpart 1819.70--NASA  8 Percent Goal

 

1819.7000 General.

   Public Laws 101-144, 101-507, and 102-389 require the NASA Administrator to ensure, to the fullest extent possible, that at least 8 percent of Federal funding for prime and subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained, be made available to small disadvantaged business concerns, Historically Black Colleges and Universities, minority institutions, and women-owned small business concerns.

 

1819.7002 Contracting officer responsibility. 

   (a) Contracting officers must seek out as potential sources small disadvantaged business concerns, women-owned small business concerns, historically black colleges or universities and minority institutions, and give full consideration to these entities to satisfy NASA requirements.  The participation of NASA prime contractors is also essential to meeting the Agency’s 8 percent goal.

   (b)  NASA Policy Directive (NPD) 5000.2, Uniform Methodology for Determination of Small Disadvantaged Subcontracting Goals, contains guidance on developing realistic goals.  It is applicable to acquisitions expected to exceed $50 million, including options.  The methodology may be used for lesser value acquisitions.

 

1819.7003 Contract clause.

   The contracting officer shall insert the clause at 1852.219-76, NASA 8 Percent Goal, in all solicitations and contracts other than those below the simplified acquisition threshold or when the contract, together with all its subcontracts, is to be performed entirely outside of any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands.

 

Subpart 1819.71--NASA Rural Area Small Business Plan

 

1819.7101 Definition.

   "Rural area" means a county with a population of fewer than twenty thousand individuals.

 

1819.7102 General.

   Pursuant to Public Law 100-590, NASA established a Rural Area Business Enterprise Development Plan, including methods for encouraging prime and subcontractors to use small business concerns located in rural areas as subcontractors and suppliers.  One method is to encourage the contractor to use its best efforts to comply with the intent of the statute. 

 

1819.7103 Solicitation provision and contract clause.

   The contracting officer shall insert the clause at 1852.219-74, Use of Rural Area Small Businesses, in solicitations and contracts that offer subcontracting possibilities or that are expected to exceed $550,000 ($1,000,000 for construction of public facility) unless the contract, together with all its subcontracts, is to be performed entirely outside of any State, territory, or possession of

the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Trust Territory of the Pacific Islands.

 

Subpart 1819.72--NASA Mentor-Protégé Program

 

1819.7201 Scope of subpart.

   (a) This subpart implements the NASA Mentor-Protégé Program (hereafter referred to as the Program) established under the authority of Title 42, U.S.C., 2473(c)(1). The purpose of the Program is to:

         (1) Provide incentives to NASA contractors, performing under at least one active approved subcontracting plan negotiated with NASA to assist protégés in enhancing their capabilities to satisfy NASA and other contract and subcontract requirements;

         (2) Increase the overall participation of protégés as subcontractors and suppliers under NASA contracts, other Federal agency contracts, and commercial contracts; and

         (3) Foster the establishment of long-term business relationships between protégés and mentors.

   (b) Under the Program, eligible entities approved as mentors will enter into mentor-protégé agreements with eligible protégés to provide appropriate developmental assistance to enhance the capabilities of the protégés to perform as subcontractors and suppliers. NASA may provide the mentor award fee incentives. Additionally, this subpart explains the calculated subcontracting credit for a mentor-protégé program pursuant to FAR 52.219-9, Small Business Subcontracting Plan.

 

1819.7202 Eligibility.

   (a) Eligibility of Mentors: To be eligible to participate as a mentor, an entity must be--

         (1) A large prime contractor performing under contracts with at least one approved subcontracting plan negotiated with NASA, pursuant to FAR Subpart 19.7, The Small Business Subcontracting Program.  A contractor may apply to become a mentor even if they currently are not performing under a NASA contract with an approved subcontracting plan, if they are currently performing for another Federal Agency under a contract with an approved subcontracting plan.  A NASA mentor-protégé agreement will not be approved until such time the mentor company is performing under a NASA contract with an approved subcontracting plan; and

         (2) A contractor eligible for receipt of Government contracts.

                  (i) An entity may not be approved for participation in the Program as a mentor if, at the time of requesting participation in the program, it is currently debarred or suspended from contracting with the Federal Government pursuant to FAR Subpart 9.4, Debarment, Suspension, and Ineligibility.

   (b) Eligibility of Protégés: To be eligible to participate as a protégé, an entity must--

         (1) Be classified as a Small Disadvantaged Business (SDB), a women-owned small business, a HUBZone small business, a veteran-owned or service-disabled veteran-owned small business, an historically black college and university, minority institution of higher education, as defined in FAR Part 2, Definitions of Parts and Terms,  an active NASA SBIR Phase II company, or a non-profit agency employing people who are blind or severely disabled  as defined in 41 CFR Chapter 51.

         (2) Be eligible for the award of Federal contracts; and

         (3) Be a small business according to the Small Business Administration (SBA) size standard for the North American Industry Classification System (NAICS) code that represents the contemplated supplies or services to be provided by the protégé to the mentor if the protégé is representing itself as a women-owned small business, HUBZone small business, or a veteran-owned or service-disabled veteran-owned small business.

         (4) Except for SDBs, a protégé firm may self-certify to a mentor firm that it meets the requirements set forth in paragraph (a) of this section.  Mentors may rely in good faith on written representations by potential protégés that they meet the specified eligibility requirements.  SDB status eligibility and documentation requirements are determined according to FAR 19.304.

 

1819.7203 Mentor approval process.

   (a) An entity seeking to participate as a mentor must apply to the NASA Headquarters Office of Small Business Programs (OSBP), to establish its initial eligibility and approval as a mentor, prior to submission of a mentor-protégé agreement.

   (b) The application must provide the following information:

         (1) A statement that the entity is currently performing under at least one active approved subcontracting plan negotiated with NASA pursuant to FAR 19.702, The Small Business Subcontracting Program, and that the entity is currently eligible for the award of Government contracts.

         (2) A summary of the entity's historical and recent activities and accomplishments under its small and disadvantaged business utilization program.

         (3) The total dollar amount of NASA contracts and subcontracts that the entity received during the two preceding fiscal years. (Show prime contracts and subcontracts separately per year.)

         (4) The total dollar amount of all other Federal agency contracts and subcontracts that the entity received during the two preceding fiscal years. (Show prime contracts and subcontracts separately per year.)

         (5) The total dollar amount of subcontracts that the entity awarded under NASA contracts during the two preceding fiscal years.

         (6) The total dollar amount of subcontracts that the entity awarded under all other Federal agency contracts during the two preceding fiscal years.

         (7) The total dollar amount and percentage of subcontracts that the entity awarded to all SDB, women-owned small businesses, HUBZone small businesses, veteran-owned and service-disabled veteran-owned small businesses, Historically Black Colleges, and Universities, minority institutions of higher education and nonprofit agencies employing people who are blind and severely disabled under NASA contracts and other Federal agency contracts during the two preceding fiscal years. If the entity is presently required to submit a Summary Subcontracting Report via the Government Electronic Subcontracting Reporting System (eSRS), the application must include copies of the final reports for the two preceding fiscal years.

         (8) Information on the entity's ability to provide developmental assistance to its eligible protégés.

         (9) Any additional information as requested by NASA OSBP.

   (c) In accordance with the Small Business Act, developmental assistance as described in 1819.7205(c) and provided by a mentor to its protégé pursuant to a mentor-protégé agreement may not be a basis for determining affiliation or control (either direct or indirect) between the parties.

   (d) Entities that apply for participation and are not approved will be provided the reasons and an opportunity to submit additional information for reconsideration.

   (e) Entities approved for participation as a mentor in the NASA program must resubmit a mentor application every six (6) years for review and approval by NASA OSBP.

   (f) A template of the mentor application is available at: http://www.osbp.nasa.gov.

 

1819.7204 Protégé selection.

   (a) Mentors will be solely responsible for selecting protégés. Mentors are required to identify and select concerns that are defined as an SDB, women-owned small business, HUBZone small business, veteran-owned or service-disabled veteran-owned small business, Historically Black

Colleges and Universities, minority institutions of higher education, an active NASA SBIR Phase II company or a nonprofit agency employing the blind or severely disabled.

   (b) The selection of protégés by a mentor may not be protested, except as in paragraph (c) of this section.

   (c) In the event of a protest regarding the size or eligibility of  an entity selected to be a protégé, the mentor must refer the protest to the SBA to resolve in accordance with 13 CFR Part 121 (with respect to size) or 13 CFR Part 124 (with respect to disadvantaged status).

   (d) A protégé may have only one active NASA mentor-protégé agreement, and may not participate in the NASA Program more than two times as a protégé.

   (e) Protégés will be required to submit a protégé application concurrently with the agreement submission. This application will include the following information:

         (1) A summary of the entity's historical and recent activities, including annual revenue and number of employees.

         (2) The total dollar amount of NASA contracts and subcontracts that the entity received during the two preceding fiscal years. (Show prime contracts and subcontracts separately per year.)

         (3) The total dollar amount of all other Federal agency contracts and subcontracts that the company received during the two preceding fiscal years. (Show prime contracts and subcontracts separately per year.)

         (4) The total dollar amount of subcontracts that the company awarded under NASA contracts during the two preceding fiscal years.

         (5) The total dollar amount of subcontracts that the company awarded under all other Federal agency contracts during the two preceding fiscal years.

 

1819.7205 Mentor-protégé agreements.

   (a) The agreements shall be structured after the mentor completes an assessment of the developmental needs of the protégé and a mutual agreement is reached regarding the developmental assistance to be permitted to address those needs and enhance the protégé's ability to perform successfully under contracts and/or subcontracts.

   (b) A mentor shall not require a protégé to enter into a mentor-protégé agreement as a condition for award of a contract by the mentor, including a subcontract under a NASA contract awarded to the mentor.

   (c) The mentor-protégé agreement may provide for the mentor to furnish any or all of the following types of developmental assistance:

         (1) Assistance by the mentor's personnel in--

                  (i) General business management, including organizational management, financial management, personnel management, marketing, business development, and overall business planning;

                  (ii) Engineering, environmental and technical matters; and

                  (iii) Any other assistance designed to develop the capabilities of the protégé under the developmental program.

         (2) Award of subcontracts under NASA contracts or other contracts on a noncompetitive basis.

         (3) Advance payments under such subcontracts. The mentor must administer advance payments when first approved by NASA in accordance with FAR Subpart 32.4, Advance Payments for Non-Commercial Items.

         (4) Loans.

         (5) Investment(s) in the protégé in exchange for an ownership interest in the protégé, not to exceed 10 percent of the total ownership interest. Investments may include, but are not limited to, cash, stock, and contributions in kind.

         (6) Assistance that the mentor obtains for the protégé from one or more of the following:

                  (i) Small Business Development Centers established pursuant to Section 21 of the Small Business Act (15 U.S.C. 648).

                  (ii) Entities providing procurement technical assistance pursuant to 10 U.S.C. Chapter 142 (Procurement Technical Assistance Centers).

                  (iii) Historically Black Colleges and Universities.

                  (iv) Minority institutions of higher education.

   (d) Developmental assistance provided under an approved mentor- protégé agreement is distinct from, and must not duplicate, any effort that is the normal and expected product of the award and administration of the mentor's subcontracts. Costs associated with the latter must be accumulated and charged in accordance with the contractor's approved accounting practices; they are not considered developmental assistance costs eligible for credit under the Program.

   (e) A template of the mentor-protégé agreement is available at http://www.osbp.nasa.gov.

 

1819.7206 Agreement contents.

   Each mentor-protégé agreement will contain the following elements:

   (a) The name, address, e-mail address, and telephone number of the mentor and protégé points of contact;

   (b) The NAICS code(s) that represent the contemplated supplies or services to be provided by the protégé to the mentor and a statement that, at the time the agreement is submitted for approval, the protégé, if an SDB, a women-owned small business, a HUBZone small business, or a veteran-owned, a service-disabled veteran-owned small business concern or a NASA SBIR Phase II Company, does not exceed the size standard for the appropriate NAICS code;

   (c) The DUNS number of the mentor and protégé;

   (d) A statement that the mentor is eligible to participate in accordance with 1819.7202(a);

   (e) A statement that the protégé is eligible to participate in accordance with 1819.7202(b);

   (f) A developmental program specifying the type of assistance the mentor will provide to the protégé and how that assistance will--

         (1) Increase the protégé's ability to participate in NASA, Federal, and/or commercial contracts and subcontracts; and

         (2) Increase small business subcontracting opportunities in industry categories where eligible protégés or other small business firms are not dominant in the company's vendor base;

   (g) Factors to assess the protégé's developmental progress under the Program, including specific milestones for providing each element of the identified assistance;

   (h) An estimate of the dollar value and type of subcontracts that the mentor will award to the protégé, and the period of time over which the subcontracts will be awarded;

   (i) A statement from the mentor and protégé indicating a commitment to comply with the requirements for reporting in accordance with 1819.7212 and for review of the agreement during the duration of the agreement, and additionally for the protégé, two years thereafter;

   (j) Procedures to terminate the agreement in accordance with 1819.7210;

   (k) A provision that the term for the agreement will not exceed 3 years for a credit agreement;

   (l) Additional terms and conditions as may be agreed upon by both parties; and

   (m) Signatures and dates for both parties to the mentor-protégé agreement.

 

1819.7207 Agreement submission and approval process.

   (a) To participate in the Program, entities approved as mentors in accordance with 1819.7203, will submit to a Small Business Specialist at a NASA Center--

         (1) A signed mentor-protégé agreement pursuant to 1819.7206;

         (2) The estimated cost of the technical assistance to be provided, broken out per year and per task, in a separate cost volume; and

         (3) NASA OSBP may require additional information as requested upon agreement submission.

   (b) The mentor-protégé agreement must be approved by the Assistant Administrator, NASA OSBP, prior to the mentor incurring eligible costs for developmental assistance provided to the protégé.

   (c) The cognizant NASA center will issue a contract modification, if justified prior to the mentor incurring costs for developmental assistance to the protégé.

 

1819.7208 Award Fee Pilot Program.

   (a) Mentors will be eligible to earn a separate award fee associated with the provision of developmental assistance to NASA SBIR Phase II Protégés only. The award fee will be assessed at the end of the Mentor-Protégé agreement period.

   (b) The overall developmental assistance performance of NASA contractors, in promoting the use of small businesses as subcontractors, will be a required evaluation factor in award fee plans.

   (c) Evaluation criteria to determine the award fee would include:

         (1) Active participation in the Program;

         (2) The amount and quality of developmental assistance provided;

         (3) Subcontracts awarded to small businesses and others;

         (4) Success of the protégés in increasing their business as a result of receiving developmental assistance; and

         (5) Accomplishment of any other activity as related to the mentor-protégé relationship.

   (d) The Award Fee Pilot Program is an addition to the credit agreement. Participants that are eligible for award fee will also receive credit as described in 1819.7209.

 

1819.7209 Credit agreements.

   (a) The credit permits the mentor to include the cost it expends on a mentor-protégé agreement as part of any subcontracting plan pursuant to the clause at FAR 52.219-9, Small Business Subcontracting Plan. The following provisions apply to all credit mentor-protégé agreements:

         (1) Developmental assistance costs incurred by a mentor for providing assistance to a protégé pursuant to an approved credit mentor-protégé agreement may be credited as if the costs were incurred in a subcontract awarded to that protégé. Credit is given for the sole purpose of determining the performance of the mentor in attaining an applicable subcontracting goal established under any contract containing a subcontracting plan pursuant to the clause at FAR 52.219-9, Small Business Subcontracting Plan.

         (2) Other costs that have been reimbursed through inclusion in indirect expense pools may also be credited as subcontract awards for determining the performance of the mentor in attaining an applicable subcontracting goal established under any contract containing a subcontracting plan.

         (3) The amount of credit a mentor may receive for developmental assistance costs must be reported on a one-to-one basis for all dollars spent.

 

1819.7210 Agreement terminations.

   (a) Agreements may be terminated for cause or on a voluntary basis by the mentor or the protégé. The procedures for agreement termination are outlined in the mentor-protégé agreement template available at http://www.osbp.nasa.gov.

   (b) NASA OSBP maintains the right to terminate an agreement if milestones provided under the original agreement submission, pursuant to 1819.7206(g), are not satisfactorily achieved, or for other reasons as determined necessary by the NASA OSBP.

 

1819.7211 Loss of eligibility.

   (a) If the mentor is suspended or debarred while performing under an approved mentor-protégé agreement, the mentor--

         (1) May not be reimbursed or take credit for any costs of providing developmental assistance to its protégé, incurred more than 30 days after the imposition of such suspension or debarment; and

         (2) Must promptly give notice of its suspension or debarment to its protégé and NASA OSBP.

   (b) If the protégé is suspended or debarred while performing under an approved mentor-protégé agreement or the SBA determines that a protégé is ineligible according to program eligibility requirements, then--

         (1) The mentor shall not be able to receive credit for any of the costs of providing assistance to the protégé after the date of the determination regarding the protégé's loss of eligibility; and

         (2) The mentor shall not be eligible to receive an award fee for the assistance provided to the protégé after the date of the determination regarding the protégé's suspension or debarment, if participating in the Award Fee Pilot Program.

   (c) If the protégé is a Historically Black College or University, or other minority institution of higher education that loses either their accredited or minority status, then:

         (1) The mentor shall not be able to receive credit for any the costs of providing assistance to the protégé after the date of the determination regarding the protégé's status.

         (2) The mentor shall not be eligible to receive an award fee for the assistance provided to the protégé after the date of the determination regarding the protégé's loss of accreditation or minority status.

 

1819.7212 Reporting requirements.

   (a) Mentors must report on the progress made under active mentor-protégé agreements semiannually throughout the term of the agreement.

   (b) Reports are due 30 days after the end of each six-month period of performance commencing with the start of the agreement.

   (c) Each semiannual report must include the following data on performance under the mentor-protégé agreement:

         (1) Expenditures by the mentor.

         (2) The number and dollar value of subcontracts awarded to the protégé.

         (3) Description of developmental assistance provided, including milestones achieved.

         (4) Impact of the agreement in terms of capabilities enhanced, certifications received, and/or technology transferred.

   (d) Semiannually, the protégé must provide an independently developed progress report using the semiannual report template, on the progress made during the prior six months by the protégé in employment, revenues, and participation in NASA contracts during each year of the Program participation term. The Protégé must also provide an additional post-agreement report for each of the two years following the expiration of the Program participation term.

   (e) The protégé semiannual report required by paragraph (d) of this section may be provided with the mentor semiannual report required by paragraph (a) of this section, or submitted separately.

   (f) Reports for all agreements must be submitted to the NASA OSBP Mentor-Protégé Program Manager, the mentor's cognizant administrative contracting officer, and their cognizant center small business specialist.

   (g) Templates for the semiannual report and the Post-Agreement report and guidance for their submission are available at: http://www.osbp.nasa.gov.

 

1819.7213 Performance reviews.

   (a) NASA OSBP will conduct annual performance reviews of the progress and accomplishments realized under approved mentor-protégé agreements. These reviews will include verification of--

         (1) All costs incurred by the mentor under the agreement to determine if they were reasonable in the provision of developmental assistance to the protégé in accordance with the mentor-protégé agreement and applicable regulations and procedures; and

         (2) The mentor's and protégé's reported progress made by the protégé in employment, revenues, and participation in NASA contracts during the program participation term.

 

1819.7214 Measurement of program success.

   (a) NASA will measure the overall success of the Program by the extent to which the Program results in--

         (1) An increase in the number and dollar value of contracts and subcontract awards to protégés (under NASA contracts, contracts awarded by other Federal agencies, and commercial contracts) from the date of their entry into the program until two years after the conclusion of the agreement;

         (2) An increase in the number and dollar value of subcontracts awarded to a protégé (or former protégé) by its mentor (or former mentor); and

         (3) An increase in the protégés number of employees from the date of entry into the program until two years after the completion of the agreement.

 

1819.7215 Solicitation provision and contract clauses.

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

         (1) Any contract that includes the clause at FAR 52.219-9, Small Business Subcontracting Plan.

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

 

Subpart 1819.73--Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs

 

1819.7301 Scope of subpart.

   The Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs were established and issued under the authority of the Small Business Act codified at 15 U.S.C. 631, as amended, and the Small Business Innovation Development Act of 1982 (Pub.L. 97-219), codified with amendments at 15 USC 638.  The Small Business Act requires that the Small Business Administration (SBA) issue SBIR and STTR Program Policy Directives for the general conduct of the SBIR/STTR Programs within the Federal Government.  The statutory purpose of the SBIR Program is to strengthen the role of innovative small business concerns (SBCs) in federally-funded research or research and development (R/R&D). Specific program purposes are to: stimulate technological innovation; use small business to meet Federal R/R&D needs; foster and encourage participation by socially and economically disadvantaged SBCs, and by SBCs that are 51 percent owned and controlled by women, in technological innovation; and increase private sector commercialization of innovations derived from Federal R/R&D, thereby increasing competition, productivity and economic growth. Federal agencies participating in the SBIR/STTR Programs (SBIR/STTR agencies) are obligated to follow the guidance provided by the SBA Policy Directive.  NASA is required to ensure its policies, regulations, and guidance on the SBIR/STTR Programs are consistent with SBA’s Policy Directive.  Contracting officers are required to insert the applicable clauses identified in 1819.7302 in all SBIR and STTR contracts.

 

1819.7302 NASA contract clauses.

   (a) Contracting officers shall insert the clause at 1852.219-80, Limitation on Subcontracting – SBIR Phase I Program, in all Phase I contracts awarded under the Small Business Innovation Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small Business Innovation Development Act of 1982). 

   (b) Contracting officers shall insert the clause at 1852.219-81, Limitation on Subcontracting – SBIR Phase II Program, in all Phase II contracts awarded under the Small Business Innovation Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small Business Innovation Development Act of 1982). 

   (c) Contracting officers shall insert the clause at 1852.219-82, Limitation on Subcontracting – STTR Program, in all contracts awarded under the Small Business Technology Transfer (STTR) Program established pursuant to Pub.L. 97-219 (the Small Business Innovation Development Act of 1982). 

   (d) Contracting officers shall insert the clause at 1852.219-83, Limitation of the Principal Investigator – SBIR Program, in all contracts awarded under the Small Business Innovation Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small Business Innovation Development Act of 1982). 

   (e) Contracting officers shall insert the clause at 1852.219-84, Limitation of the Principal Investigator – STTR Program, in all contracts awarded under the Small Business Technology Transfer (STTR) Program established pursuant to Pub.L. 97-219 (the Small Business Innovation Development Act of 1982).

   (f) Contracting officers shall insert the clause at 1852.219-85, Conditions for Final Payment - SBIR and STTR Contracts, in all contracts awarded under the Small Business Technology Transfer (STTR) Program and in all Phase I and Phase II contracts awarded under the Small Business Technology Transfer (STTR) Small Business Innovation Research (SBIR) Program established pursuant to Pub.L. 97-219 (the Small Business Innovation Development Act of 1982).    



 


  (b) The NASA Administrator is required by statute to establish annually a goal to make available to small disadvantaged business concerns, Historically Black Colleges and Universities, minority institutions, and women-owned small business concerns, at least 8 percent of NASA’s procurement dollars under prime contracts or subcontracts awarded in support of authorized programs, including the space station by the time operational status is obtained.

  (c) The contractor hereby agrees to assist NASA in achieving this goal by using its best efforts to award subcontracts to such entities to the fullest extent consistent with efficient contract performance.

  (d) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as small disadvantaged business concerns, Historically Black Colleges and Universities, minority institutions, and women-owned small business concerns.

(End of clause)

 

1852.219-77 NASA Mentor-Protégé Program.

   As prescribed in 1819.7215, insert the following clause:

NASA MENTOR-PROTE'GE' PROGRAM

(MAY 2009)

   (a) Prime contractors are encouraged to participate in the NASA Mentor-Protégé Program for the purpose of providing developmental assistance to eligible protégé entities to enhance their capabilities and increase their participation in NASA contracts.

   (b) The Program consists of:

         (1) Mentors, which are large businesses and prime contractors with at least one active and approved NASA subcontracting plan;

         (2) Protégés, which are subcontractors to the prime contractor. Protégés must qualify as certified small disadvantaged business concerns, women-owned small business concerns, veteran-owned or service-disabled veteran-owned small business concerns, HUBZone small business concerns, Historically Black Colleges and Universities, minority institutions of higher education, meeting the qualifications defined in FAR Part 2, Definitions of Parts and Term, active NASA SBIR Phase II companies or nonprofit agencies employing people who are blind or severely disabled as defined in  41 CFR Chapter 51.

         (3) Mentor-protégé agreements endorsed by the cognizant NASA centers and approved by the NASA Office of Small Business Programs (OSBP);

         (4) In contracts with award fee incentives, potential for payment of an award fee for

voluntary participation and successful performance in the Mentor-Protégé Program, in accordance with NFS 1819.7208.

   (c) Mentor participation in the Program, described in NFS 1819.72, means providing technical, managerial and financial assistance to aid protégés in developing requisite high-tech expertise and business systems to compete for and successfully perform NASA contracts and subcontracts.

   (d) Contractors interested in participating in the program are encouraged to contact the NASA OSBP, Washington, DC 20546, (202) 358-2088, for further information.

(End of clause)

 

1852.219-79 Mentor Requirements and Evaluation.

   As prescribed in 1819.7215, insert the following clause:

MENTOR REQUIREMENTS AND EVALUATION

(MAY 2009)

   (a) The purpose of the NASA Mentor-Protégé Program is for a NASA prime contractor to provide developmental assistance to certain subcontractors qualifying as protégés. 

Eligible protégés include certified small disadvantaged business concerns, women-owned small business concerns, veteran-owned or service-disabled veteran-owned small business concerns, HUBZone small business concerns, Historically Black Colleges and Universities, minority institutions of higher education, as defined in FAR Part 2, Definitions of  Parts and Terms, active NASA SBIR Phase II companies and nonprofit agencies employing the blind or severely handicapped as defined in 41 CFR Chapter 51.

   (b) NASA will evaluate the contractor's performance on the following factors. If this contract includes an award fee incentive, this assessment will be accomplished as part of the fee evaluation process.

         (1) Specific actions taken by the contractor, during the evaluation period, to increase the participation of protégés as subcontractors and suppliers;

         (2) Specific actions taken by the contractor during this evaluation period to develop the technical and corporate administrative expertise of a protégé as defined in the agreement;

         (3) To what extent the mentor and protégé have met the developmental milestones outlined in the agreement; and

         (4) To what extent the entities participation in the Mentor-Protégé Program resulted in the protégé receiving competitive contract(s) and subcontract(s) from private firms and agencies other than the mentor.

   (c) Semiannual reports shall be submitted by the mentor and the protégé to the cognizant NASA center and NASA Headquarters Office of Small Business Programs (OSBP), following the semiannual report template found on the Web site at http://www.osbp.nasa.gov.

   (d) The mentor will notify the cognizant NASA center and NASA OSBP in writing, at least 30 days in advance of the mentor's intent to voluntarily withdraw from the program or upon receipt of a protégé's notice to withdraw from the Program;

   (e) At the end of each year in the Mentor-Protégé Program, the mentor and protégé, as appropriate, will formally brief the NASA Mentor-Protégé program manager, the technical program manager, and the contracting officer during a formal program review regarding Program accomplishments, as it pertains to the approved agreement.

   (f) NASA may terminate mentor-protégé agreements for good cause, thereby excluding mentors or protégés from participating in the NASA Mentor-Protégé program.  These actions shall be approved by the NASA OSBP. NASA shall terminate an agreement by delivering to the contractor a letter specifying the reason for termination and the effective date. Termination of an agreement does not constitute a termination of the subcontract between the mentor and the protégé. A plan for accomplishing the subcontract effort should the agreement be terminated shall be submitted with the agreement. .

(End of clause)

 

1852.219-80 Limitation on Subcontracting – SBIR Phase I Program.

   As prescribed in 1819.7302(a), insert the following clause:

LIMITATION ON SUBCONTRACTING – SBIR PHASE I PROGRAM

(OCTOBER 2006)

   The Contractor shall perform a minimum of two-thirds of the research and/or analytical effort (total contract price less profit) conducted under this contract.  Any deviation from this requirement must be approved in advance and in writing by the Contracting Officer.

(End of clause)


1852.219-81 Limitation on Subcontracting – SBIR Phase II Program.

   As prescribed in 1819.7302(b), insert the following clause:

LIMITATION ON SUBCONTRACTING SBIR PHASE II PROGRAM

(OCTOBER 2006)