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purposes of determining whether the mentor firm attains a subcontracting participation goal applicable to such mentor firm under a Department of Defense contract, under a contract with another executive agency, or under a divisional or company-wide subcontracting plan negotiated with the Department of Defense or another executive agency.
(B) The amount of the credit given a mentor firm for any such unreimbursed costs shall be equal to
(i) four times the total amount of such costs attributable to assistance provided by entities described in subsection (f)(7);
(ii) three times the total amount of such costs attributable to assistance furnished by the mentor firm's employees; and
(iii) two times the total amount of any other such costs. (C) Under regulations prescribed pursuant to subsection (k), the Secretary of Defense shall adjust the amount of credit given a mentor firm pursuant to subparagraphs (A) and (B) if the Secretary determines that the firm's performance regarding the award of subcontracts to disadvantaged small business concerns has declined without justifiable cause.
(4) A mentor firm shall receive credit toward the attainment of a subcontracting participation goal applicable to such mentor firm for each subcontract for a product or service awarded under such contract by a mentor firm to a business concern that, except for its size, would be a small business concern owned and controlled by socially and economically disadvantaged individuals, but only if
(A) the size of such business concern is not more than two times the maximum size specified by the Administrator of the Small Business Administration for purposes of determining whether a business concern furnishing such product or service is a small business concern; and
(B) the business concern formerly had a mentor-protege agreement with such mentor firm that was not terminated for cause.
(h) RELATIONSHIP TO SMALL BUSINESS ACT.—(1) For purposes of the Small Business Act, no determination of affiliation or control (either direct or indirect) may be found between a protege firm and its mentor firm on the basis that the mentor firm has agreed to furnish (or has furnished) to its protege firm pursuant to a mentorprotege agreement any form of developmental assistance described in subsection (f).
(2) Notwithstanding section 8 of the Small Business Act (15 U.S.C. 637), the Small Business Administration may not determine a disadvantaged small business concern to be ineligible to receive any assistance authorized under the Small Business Act on the basis that such business concern has participated in the MentorProtege Program or has received assistance pursuant to any developmental assistance agreement authorized under such program.
(3) The Small Business Administration may not require a firm that is entering into, or has entered into, an agreement under subsection (e) as a protege firm to submit the agreement, or any other document required by the Secretary of Defense in the administration of the Mentor-Protege Program, to the Small Business Administration for review, approval, or any other purpose.
(i) PARTICIPATION IN MENTOR-PROTEGE PROGRAM NOT TO BE A CONDITION FOR AWARD OF A CONTRACT OR SUBCONTRACT.—A mentor firm may not require a business concern to enter into an agreement with the mentor firm pursuant to subsection (e) as a condition for being awarded a contract by the mentor firm, including a subcontract under a contract awarded to the mentor firm.
() EXPIRATION OF AUTHORITY.-(1) No mentor-protege agreement may be entered into under subsection (e) after September 30, 2005.
(2) No reimbursement may be paid, and no credit toward the attainment of a subcontracting goal may be granted, under subsection (g) for any cost incurred after September 30, 2008.
(k) REGULATIONS.—The Secretary of Defense shall prescribe regulations to carry out the pilot Mentor-Protege Program. Such regulations shall include the requirements set forth in section 8(d) of the Small Business Act (15 U.S.C. 673(d)). The Secretary shall publish the proposed regulations not later than the date 180 days after the date of the enactment of this Act [Nov. 5, 1990) and shall prescribe procedures by which mentor firms may terminate participation in the program. The Secretary shall promulgate the final regulations not later than the date 270 days after the date of the enactment of this Act (Nov. 5, 1990). The Department of Defense policy regarding the pilot Mentor-Protege Program shall be published and maintained as an appendix to the Department of Defense Supplement to the Federal Acquisition Regulation.
(1) REPORTS AND REVIEWS.—(1) The mentor firm and protege firm under a mentor-protege agreement shall submit to the Secretary of Defense an annual report on the progress made by the protege firm in employment, revenues, and participation in Department of Defense contracts during the fiscal year covered by the report. The requirement for submission of an annual report applies with respect to each fiscal year covered by the program participation term under the agreement and each of the two fiscal years following the expiration of the program participation term. The Secretary shall prescribe the timing and form of the annual report.
(2)(A) The Secretary shall conduct an annual performance review of each mentor-protege agreement that provides for reimbursement of costs. The Secretary shall determine on the basis of the review whether
(i) all costs reimbursed to the mentor firm under the agreement were reasonably incurred to furnish assistance to the protege firm in accordance with the requirements of this section and applicable regulations; and
(ii) the mentor firm and protege firm accurately reported progress made by the protege firm in employment, revenues, and participation in Department of Defense contracts during the program participation term covered by the mentor-protege agreement and the two fiscal years following the expiration of the program participation term.
(B) The Secretary shall act through the Commander of the Defense Contract Management Command in carrying out the reviews and making the determinations under subparagraph (A).
(3) Not later than 6 months after the end of each of fiscal years 2000 through 2007, the Secretary of Defense shall submit to Con
gress an annual report on the Mentor-Protege Program for that fis
(4) The annual report for a fiscal year shall include, at a minimum, the following:
(A) The number of mentor-protege agreements that were entered into during the fiscal year.
(B) The number of mentor-protege agreements that were in effect during the fiscal year.
(C) The total amount reimbursed to mentor firms pursuant to subsection (g) during the fiscal year.
(D) Each mentor-protege agreement, if any, that was approved during the fiscal year in accordance with subsection (e)(2) to provide a program participation term in excess of 3 years, together with the justification for the approval.
(E) Each reimbursement of a mentor firm in excess of the limitation in subsection (g)(2)(C) that was made during the fiscal year pursuant to an approval granted in accordance with that subsection, together with the justification for the approval.
(F) Trends in the progress made in employment, revenues, and participation in Department of Defense contracts by the protege firms participating in the program during the fiscal year and the protege firms that completed or otherwise terminated participation in the program during the preceding two
(m) DEFINITIONS.— In this section:
(1) The term "small business concern” means a business concern that meets the requirements of section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the regulations promulgated pursuant thereto.
(2) The term "disadvantaged small business concern" means:
(A) a small business concern owned and controlled by socially and economically disadvantaged individuals;
(B) a business entity owned and controlled by an Indian tribe as defined by section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13));
(C) a business entity owned and controlled by a Native Hawaiian Organization as defined by section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15));
(D) a qualified organization employing the severely disabled; or
(E) a small business concern owned and controlled by women, as defined in section 8(2)(3)(D) of the Small Business Act (15 U.S.C. 637(d)(3)(D)).
(3) The term "small business concern owned and controlled by socially and economically disadvantaged individuals” has the meaning given such term in section 8(2)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)).
(4) The term "historically Black college and university" means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code.at
(5) The term “minority institution of higher education" means an institution of higher education with a student body that reflects the composition specified in section 312(b)(3), (4), and (5) of the Higher Education Act of 1965 (20 U.S.C. 1058(b) (3), (4), and (5)).
(6) The term "subcontracting participation goal", with respect to a Department of Defense contract, means a goal for the extent of the participation by disadvantaged small business concerns in the subcontracts awarded under such contract, as established pursuant to section 2323 of title 10, United States Code, and section 8(d) of the Small Business Act (15 U.S.C. 637(d)).
(7) The term "qualified organization employing the severely disabled” means a business entity operated on a forprofit or nonprofit basis that,
(A) uses rehabilitative engineering to provide employment opportunities for severely disabled individuals and integrates severely disabled individuals into its workforce;
(B) employs severely disabled individuals at a rate that averages not less than 20 percent of its total workforce;
(C) employs each severely disabled individual in its workforce generally on the basis of 40 hours per week; and
(D) pays not less than the minimum wage prescribed pursuant to section 6 of the Fair Labor Standards Act (29 U.S.C. 206) to those employees who are severely disabled individuals.
(8) The term "severely disabled individual" means an individual who has a physical or mental disability which constitutes a substantial handicap to employment and which, in accordance with criteria prescribed by the Committee for the Purchase From the Blind and Other Severely Handicapped established by the first section of the Act of June 25, 1938 (41 U.S.C. 46; popularly known as the “Wagner-O'Day Act”), is of such a nature that the individual is otherwise prevented from engaging in normal competitive employment.
NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS 1990
(P.L. 101–189, approved Nov. 20, 1989)
TITLE VIII-ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
PART D—PROVISIONS RELATING TO SMALL AND SMALL
SEC. 834. (15 U.S.C. 637 note] TEST PROGRAM FOR NEGOTIATION OF
COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING
PLANS (a) TEST PROGRAM.(1) The Secretary of Defense shall establish a test program under which contracting activities in the military departments and the Defense Agencies are authorized to undertake one or more demonstration projects to determine whether the negotiation and administration of comprehensive subcontracting plans will reduce administrative burdens on contractors while enhancing opportunities provided under Department of Defense contracts for small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. In selecting the contracting activities to undertake demonstration projects, the Secretary shall take such action as is necessary to ensure that a broad range of the supplies and services acquired by the Department of Defense are included in the test program.
(2) In developing the test program, the Secretary of Defense shall
(A) consult with the Administrator of the Small Business Administration, and
(B) provide an opportunity for public comment on the test program.
(b) COMPREHENSIVE SMALL BUSINESS SUBCONTRACTING PLAN.-(1) In a demonstration project under the test program, the Secretary of a military department or head of a Defense Agency shall negotiate, monitor, and enforce compliance with a comprehensive subcontracting plan with a Department of Defense contractor described in paragraph (3). (2) The comprehensive subcontracting plan of a contractor
(A) shall apply to the entire business organization of the contractor or to one or more of the contractor's divisions or operating elements, as specified in the subcontracting plan; and
(B) shall cover each Department of Defense contract that is entered into by the contractor and each subcontract that is