[Federal Register Volume 64, Number 233 (Monday, December 6, 1999)]
[Proposed Rules]
[Pages 68072-68076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31434]



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DEPARTMENT OF ENERGY

48 CFR Parts 919 and 952

RIN: 1991-AB45


Acquisition Regulations: Mentor-Protege Program

AGENCY: Department of Energy.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Department of Energy (DOE) is proposing to amend its 
acquisition regulations to formally encourage DOE prime contractors to 
assist small disadvantaged firms certified by the Small Business 
Administration under Section 8(a) of the Small Business Act, other 
small disadvantaged businesses, Historically Black Colleges and 
Universities and other minority institutions of higher learning, and 
women-owned small businesses in enhancing their capabilities to perform 
contracts and subcontracts for DOE and other Federal agencies. The 
program seeks to foster long-term business relationships between DOE 
prime contractors and these small business entities and minority 
institutions of higher learning and to increase the overall number of 
these small business entities and minority institutions that receive 
DOE contract and subcontract awards.

DATES: Written comments on the proposed rulemaking must be received on 
or before January 5, 2000.

ADDRESSES: Comments (3 copies) should be addressed to, Eugene Tates at 
U.S. Department of Energy, Attn. Mentor-Protege Rulemaking, Office of 
Small and Disadvantaged Business Utilization, 1000 Independence Avenue, 
SW, Washington, DC 20585.
    With respect to proposed reporting requirements and the Paperwork 
Reduction Act, comments should be addressed to Eugene Tates and to Erik 
Godwin, Office of Information and Regulatory Affairs, NEOB-Rm. 10202, 
725 17th Street, N.W., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Eugene Tates, Mentor-Protege Program, 
U.S. Department of Energy, Office of Small and Disadvantaged Business 
Utilization, 1000 Independence Avenue, SW, Washington, DC 20585, (202) 
586-4556; or Robert M. Webb, U.S. Department of Energy, Office of 
Procurement and Assistance Management, 1000 Independence Avenue, SW, 
Washington, DC 20585, (202) 586-8264.

SUPPLEMENTARY INFORMATION:

I. Background.
II. Section By Section Analysis.
III. Procedural Requirements.
A. Review Under Executive Order 12866.
B. Review Under Executive Order 12988.
C. Review Under the Regulatory Flexibility Act.
D. Review Under the Paperwork Reduction Act.
E. Review Under the National Environmental Policy Act.
F. Review Under Executive Order 12612.
G. Review Under the Unfunded Mandates Reform Act of 1995.
H. Treasury and General Government Appropriation Act, 1999.
IV. Opportunity for Public Comment

I. Background

    On June 9, 1995 (60 FR 30529), DOE published final guidelines for 
its Mentor-Protege Pilot Initiative. The purpose of the Initiative was 
to develop a program that encouraged DOE prime contractors to help 
energy-related small disadvantaged, 8(a), and women-owned small 
businesses in enhancing their business and technical capabilities to 
ensure full participation in the mission of DOE. In addition, the 
Initiative sought to foster the establishment of long term business 
relationships between these small business entities and DOE prime 
contractors and to increase the overall number of these small business 
entities eligible to receive DOE contract and subcontract awards.
    In order to achieve the goal of the Initiative, DOE prime 
contractors entered into formal agreements with qualified small 
businesses to provide developmental assistance. In many cases, this 
assistance has enabled small businesses to benefit from the vast wealth 
of knowledge acquired by large, successful firms doing business with 
DOE.
    The success of the DOE business mentoring relationships and the 
continuing need to develop small disadvantaged business, 8(a) firms and 
women-owned small businesses capabilities to perform contracts and 
subcontracts for DOE has led to the determination to create a permanent 
DOE Mentor-Protege Program. The Program will have the same goals and 
objectives as the DOE Mentor-Protege Pilot Initiative. Some refinements 
have been added to provide additional incentives for prime contractor 
participation in the Mentor-Protege Program.

II. Section-by-Section Analysis

    This rulemaking proposes to add a new Subpart 919.70 and amend Part 
952 of the DEAR to provide a Mentor-Protege Program that assists 
qualified small businesses to receive developmental assistance from DOE 
prime contractors in order to increase the base of small businesses 
eligible to perform DOE contracts and subcontracts.
    Proposed section 919.7002 defines which types of entities are 
eligible to participate as Protege in the Program. Those entities would 
include Historically Black Colleges and Universities and other minority 
institutions of higher learning in addition to 8(a) firms, other small 
disadvantaged businesses, and women-owned small businesses. Proposed 
section 919.7003 provides the DOE's Mentor-Protege Program policy. It 
also states that developmental assistance is reimbursable to the Mentor 
under DOE cost reimbursement contracts only to the extent that the 
costs are otherwise allowable in the performance of identified DOE 
contracts. This is an exception to the general rule that DOE will not 
reimburse Mentors for providing developmental assistance to Protege, 
which is set out in proposed section 919.7004. Proposed section 
919.7005 outlines requirements for Mentor eligibility.
    Proposed section 919.7006 states the incentives for mentoring firms 
under cost-plus award fee contracts. Proposed section 919.7007 outlines 
Protege eligibility requirements. Proposed section 919.7008 provides 
that selection of a protege is solely at the discretion of the proposed 
mentor. Section 919.7009 describes the process by which DOE contractors 
may seek to participate in this program as Mentors.
    Proposed section 919.7010 provides the minimum requirements of a 
proposed Mentor-Protege agreement. Proposed section 919.7011 describes 
forms of developmental assistance.
    Proposed section 919.7012 describes the review process leading to 
the DOE's approval of a proposed Mentor-Protege agreement. Proposed 
section 919.7013 describes the various reports that this program 
requires. Proposed section 919.7014 provides for the inclusion of a 
provision discussing the Mentor-Protege program in all solicitations 
with an estimated value in excess of the simplified acquisition 
threshold. Proposed section 952.219-XX provides for the inclusion of a 
provision discussing the establishment of the Mentor-Protege Program.

III. Procedural Requirements

A. Review Under Executive Order 12866.

    Today's regulatory action has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and

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Review,'' (58 FR 51735, October 4, 1993). Accordingly, this proposed 
rule was not subject to review under that Executive Order by the Office 
of Information and Regulatory Affairs of the Office of Management and 
Budget (OMB).

B. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of Executive Order 12988, 
``Civil Justice Reform,'' 61 FR 4729 (February 7, 1996), imposes on 
Executive agencies the general duty to adhere to the following 
requirements: (1) Eliminate drafting errors and ambiguity; (2) Write 
regulations to minimize litigation and (3) Provide a clear legal 
standard for affected conduct rather than a general standard and 
promote simplification and burden reduction. With regard to the review 
required by section 3(a), section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the subject 
law's preemptive effect, if any, (2) Clearly specifies any effect on 
existing Federal law or regulation; (3) Provides a clear legal standard 
for affected conduct while promoting simplification and burden 
reduction; (4) Specifies the retroactive effect, if any; (5) Adequately 
defines key terms; and (6) Addresses other important issues affecting 
clarity and general draftsmanship under any guidelines issued by the 
Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that these proposed 
regulations meet the relevant standards of Executive Order 12988.

C. Review Under the Regulatory Flexibility Act

    This proposed rule has been reviewed under the Regulatory 
Flexibility Act of 1980, Public Law 96-354, that requires preparation 
of an initial regulatory flexibility analysis for any rule that must be 
proposed for public comment and that is likely to have significant 
economic impact on a substantial number of small entities. The entities 
to which this rulemaking would apply are large business and small 
business firms that receive a form of incentive for assuming the role 
of mentor to 8(a) firms, other small disadvantaged businesses, small 
women-owned businesses, Historically Black Universities and Colleges, 
and other minority institutions of higher learning. It is the 
expectation that at such time as this rule is finalized, those protege 
entities would directly benefit from the forms of mentoring described 
in this proposed rule. There would not be an adverse economic impact on 
contractors or subcontractors. Accordingly, DOE certifies that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities, and therefore, no regulatory 
flexibility analysis has been prepared.

D. Review Under the Paperwork Reduction Act

    This proposed rule would require DOE contractors serving as mentors 
to submit semi-annual progress reports to the DOE Mentor-Protege 
Program Manager at DOE Headquarters (see proposed Sec. 919.7013). The 
information in the progress reports is necessary to determine if the 
schedules and developmental assistance levels contained in Mentor-
Protege Agreements are being met. Performance under the Agreements is 
the basis for awarding incentive fees to mentor firms. This proposed 
collection of information has been submitted to the Office of 
Management and Budget for review and approval under the Paperwork 
Reduction Act, 44 U.S.C. 3501, et seq. DOE estimates the number of 
respondent mentor firms to be 30 and the number of hours required for 
recordkeeping and preparation of the reports to be approximately 12 
hours per respondent annually. The total annual burden hour from 
compliance is expected to be 360 hours (30  x  12 hours per year). The 
collection of information contained in this proposed rule is considered 
the least burdensome for meeting the requirements and objectives of the 
DOE Mentor-Protege Program.
    DOE invites public comments concerning: (1) the need for the 
reporting requirement; (2) the accuracy of DOE's estimate of the 
reporting burden; (3) ways to enhance the quality, utility, and clarity 
of the information to be collected; and (4) ways to minimize the burden 
of the collection of information on respondents. Send comments 
regarding this proposed collection of information to the contact 
persons named in the address section of this notice.

E. Review Under the National Environmental Policy Act

    DOE has concluded that this proposed rule falls into a class of 
actions which would not individually or cumulatively have significant 
impact on the human environment, as determined by DOE's regulations (10 
CFR part 1021, subpart D) implementing the National Environmental 
Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.). Specifically, this 
proposed rule is categorically excluded from NEPA review because the 
amendments to the DEAR would be strictly procedural (categorical 
exclusion A6). Therefore, this proposed rule does not require an 
environmental impact statement or environmental assessment pursuant to 
NEPA.

F. Review Under Executive Order 12612

    Executive Order 12612, (52 FR 41685, October 30, 1987), requires 
that regulations, rules, legislation, and any other policy actions be 
reviewed for any substantial direct effects on States, on the 
relationship between the Federal Government and the States, or in the 
distribution of power and responsibilities among the various levels of 
Government. If there are sufficient substantial direct effects, then 
the Executive Order requires the preparation of a federalism assessment 
to be used in all decisions involved in promulgating and implementing a 
policy action. This proposed rule merely describes a DOE Mentor-Protege 
program. States would not be directly subject to this rule, since they 
are not among the class of entities described as mentors or proteges. 
DOE has determined that this proposed rule would not have a substantial 
direct effect on the institutional interests or traditional functions 
of the States.

G. Review Under the Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally 
requires a Federal agency to perform a detailed assessment of costs and 
benefits of any rule imposing a federal mandate with costs to State, 
local or tribal governments, or to the private sector of $100 million 
or more. This proposed rulemaking would only affect private sector 
entities, and the impact is less than $100 million.

H. Treasury and General Government Appropriations Act, 1999

    Section 654 of the Treasury and General Government Appropriation, 
1999 (Public Law 105-277) requires Federal Agencies to issue a Family 
Policymaking Assessment for any proposed rule that may affect family 
well being. Today's proposal would not have any impact on the autonomy 
or integrity of the family as an institution. Accordingly, DOE 
concluded that it is

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not necessary to prepare a Family Policymaking Assessment.

IV. Opportunity for Public Comment

    At the beginning of this notice, DOE provided for a 30-day comment 
period and set forth the address for submitting written comments. DOE 
is not scheduling a public hearing because there are no significant 
issues of fact or law that would warrant such a hearing.

List of Subjects in 48 CFR Parts 919 and 952

    Government procurement.

    Issued in Washington, D.C. on November 29, 1999.
Richard H. Hopf,
Director, Office of Procurement and Assistance Management.
    For the reasons set out in the preamble, Chapter 9 of Title 48 of 
the Code of Federal Regulations is proposed to be amended as set forth 
below.

PART 919--SMALL BUSINESS PROGRAMS

    1. The authority citation for Part 919 is revised to read as 
follows:

    Authority: 42 U.S.C. 7254, 40 U.S.C. 486 (c), 42 U.S.C. 2201.

    2. A new subpart 919.70 is added as follows:

Subpart 919.70--The Department of Energy Mentor-Protege Program

Sec.
919.7001  Scope of subpart.
919.7002  Definitions.
919.7003  General policy.
919.7004  General prohibitions.
919.7005  Eligibility acceptance to be a mentor firm.
919.7006  Incentives for DOE contractor participation.
919.7007  Eligibility to be a Protege firm.
919.7008  Selection of Protege firms.
919.7009  Process for participation in the program.
919.7010  Contents of Mentor-Protege Agreement.
919.7011  Developmental assistance.
919.7012  Review and approval process of agreement by OSDBU.
919.7013  Reports.
919.7014  Solicitation provision.

Subpart 919.70--The Department of Energy Mentor-Protege Program


919.7001  Scope of subpart.

    The Department of Energy (DOE) Mentor-Protege Program is designed 
to encourage DOE prime contractors to assist small disadvantaged firms 
certified by the Small Business Administration (SBA) under Section 8(a) 
of the Small Business Act, other small disadvantaged businesses, women-
owned small businesses, Historically Black Colleges and Universities, 
and other minority institutions of higher learning in enhancing their 
capabilities to perform contracts and subcontracts for DOE and other 
Federal agencies. The program seeks to foster long-term business 
relationships between these small business entities and DOE prime 
contractors, and to increase the overall number of these small business 
entities that receive DOE contract and subcontract awards.


919.7002  Definitions.

    Historically Black Colleges and Universities (HBCUs), as used in 
this subpart, means an institution determined by the Secretary of 
Education to meet the requirements of 34 CFR 608.2.
    Other Minority Institutions of Higher Learning, as used in this 
subpart, means an institution determined by the Secretary of Education 
to meet the requirements of 20 U.S.C. 1067k.
    Small Disadvantaged Business Concern, as used in this subpart, 
means a small business concern owned and controlled by socially and 
economically disadvantaged individuals that meets the requirements of 
13 CFR part 124, subpart B.
    Women-Owned Small Business, as used in this subpart, means a small 
business concern that meets the requirements of 15 U.S.C. 637(d)(3)(D).


919.7003  General policy.

    (a) DOE contractors eligible under 48 CFR 919.7005 may enter into 
agreements with businesses certified by the SBA in the 8(a) Program, 
other Small Disadvantaged Businesses, Women-Owned Small Businesses, 
HBCUs, and other Minority Institutions of higher learning to provide 
those firms appropriate developmental assistance to enhance the 
capabilities of Proteges.
    (b) Costs incurred by a Mentor to provide developmental assistance, 
as described in section 919.7011, are allowable only to the extent that 
they are incurred in performance of a contract identified in the 
Mentor-Protege Agreement and are otherwise allowable in accordance with 
the cost principles applicable to that contract.
    (c) Headquarters Office of Small and Disadvantaged Business 
Utilization (OSDBU) is the DOE Program Manager for the Mentor-Protege 
Program.


919.7004  General prohibitions.

    DOE may not reimburse the costs of a Mentor in providing any form 
of developmental assistance to a Protege except as provided in Section 
919.7003(b).


919.7005  Eligibility acceptance to be a Mentor firm.

    To be eligible for recognition by DOE as a Mentor, an entity must 
be a DOE contractor performing contracts with at least one negotiated 
subcontracting plan as required by FAR 19.7.


919.7006  Incentives for DOE contractor participation

    (a) Under cost-plus-award fee contracts, approved Mentor firms may 
earn award fees associated with their performance as a Mentor. The 
award fee plan may include provision for the evaluation of the 
contractor's utilization of 8(a) firms, other small disadvantaged 
businesses, women-owned small businesses, HBCUs, and other minority 
institutions of higher learning. DOE may evaluate the Mentor's 
performance in the DOE Mentor-Protege Program under any Mentor-Protege 
Agreement(s) as a separate element of the award fee plan.
    (b) Mentor firms shall receive credit for subcontracts awarded 
pursuant to their Mentor-Protege Agreements toward subcontracting goals 
contained in their subcontracting plan.


919.7007  Eligibility to be a Protege firm.

    (a) To be eligible for selection as a Protege, a firm must:
    (1) Be a small business certified under Section 8(a) of the Small 
Business Act by SBA, other certified small disadvantaged business, a 
women-owned small business, HBCU, or any other minority institution of 
higher learning;
    (2) Be eligible for receipt of government contracts;
    (3) Have been in business for at least two (2) years prior to 
application for enrollment into the Mentor-Protege Program; and
    (4) Be able to certify as a small business according to the 
Standard Industrial Code for the services or supplies to be provided by 
the Protege under its subcontract with the Mentor.
    (b) A prospective Mentor may rely in good faith on written 
representations by a prospective Protege that the Protege meets the 
requirements in paragraph (a) of this section.


919.7008  Selection of Protege firms.

    (a) A Mentor firm is solely responsible for selecting one or more 
Protege entities from firms eligible under 48 CFR 919.7007.
    (b) A Mentor may have more than one Protege; however, a Protege may 
have only one Mentor.
    (c) The selection of Protege firms by Mentor firms may not be 
protested, except as provided in paragraph (d) of this section.

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    (d) Only protests regarding the small business size status of a 
firm to be a Protege will be considered and shall be submitted to the 
DOE Office of Small and Disadvantaged Business Utilization for 
resolution. When that Office is unable to resolve a protest, it will 
refer the matter to the Small Business Administration for resolution in 
accordance with 13 CFR. part 121.


919.7009  Process for participation in the program.

    A prospective Mentor firm must submit the following to the DOE 
Mentor-Protege Program Manager.
    (a) A statement that it is eligible, as of the date of application, 
for the award of Federal contracts;
    (b) A statement that it is currently performing at least one 
contract for DOE;
    (c) The DOE contract number, type of contract, period of 
performance (including options), title of technical program effort, 
name of DOE Program Manager (including contact information) and the DOE 
contracting activity; and
    (d) An original and two copies of the Mentor-Protege Agreement 
signed by the chief executive officers of the Mentor and Protege firms.


919.7010  Contents of Mentor-Protege Agreement.

    The proposed Mentor-Protege Agreement must contain:
    (a) Names, addresses and telephone numbers of Mentor and Protege 
firms and a point of contact within each firm who will oversee the 
Agreement;
    (b) Requirements for the Mentor firm or the Protege entity to 
notify the other entity, DOE Headquarters OSDBU, and the contracting 
officer in writing at least 30 days in advance of the Mentor firm's or 
the Protege entity's intent to voluntarily terminate or withdraw from 
the Mentor-Protege Agreement (Such termination would not terminate any 
existing subcontract between the Mentor and the Protege);
    (c) A description of the form of developmental assistance program 
that will be provided by the Mentor to the Protege firm, including a 
description of any subcontract work, and a schedule for providing the 
assistance and the criteria for evaluation of the Protege's 
developmental success (48 CFR 919.7011);
    (d) A listing of the number and types and estimated amount of 
subcontracts to be awarded to the Protege firm;
    (e) Term of the Agreement;
    (f) Procedures for completing performance under the Agreement in 
the case of a termination of, or withdrawal from, the Agreement by 
either party;
    (g) Procedures to be invoked should DOE terminate its recognition 
of the Agreement for good cause (such termination of DOE recognition 
would not constitute a termination of the subcontract between the 
Mentor and the Protege.);
    (h) Provision for the Mentor firm to submit to the DOE Mentor-
Protege Program Manager a ``lessons learned'' evaluation developed by 
the Mentor at the conclusion of the contract Mentor-Protege Agreement;
    (i) Provision for the submission by the Protege firm of a ``lessons 
learned'' evaluation to the DOE Mentor-Protege Program Manager at the 
conclusion of the Mentor-Protege Agreement;
    (j) Description of how the development assistance will potentially 
increase subcontracting opportunities for the Protege firm;
    (k) Provision for the Mentor firm to brief the DOE Mentor-Protege 
Program Manager, the field technical program manager(s), and the 
contracting officer at the conclusion of each year in the Mentor-
Protege Program regarding program accomplishments as pertains to the 
approved Agreement (where possible, this review may be incorporated 
into the normal program review for the Mentor's contract);
    (l) Recognition that costs incurred by a Mentor to provide 
developmental assistance, as described in 48 CFR 919.7011, are 
allowable only to the extent that they are incurred in performance of a 
contract identified in the Mentor-Protege Agreement and are otherwise 
allowable in accordance with the cost principles applicable to that 
contract (the DOE Mentor-Protege Program has no appropriation for 
paying for developmental assistance); and.
    (m) Other terms and conditions, as appropriate.


919.7011  Developmental assistance.

    (a) The forms of developmental assistance a Mentor may provide to a 
Protege include, but are not limited to:
    (1) Management guidance relating to:
    (i) Financial management;
    (ii) Organizational management;
    (iii) Overall business management planning;
    (iv) Business development;
    (v) Marketing assistance;
    (2) Engineering and other technical assistance;
    (3) Noncompetitive award of subcontracts under DOE or other Federal 
contracts where otherwise authorized;
    (4) Award of subcontracts in the Mentor's commercial activities;
    (5) Progress payments based on costs;
    (6) Rent-free use of facilities and/or equipment owned or leased by 
Mentor; and
    (7) Temporary assignment of Mentor personnel to the Protege for 
purposes of training.
    (b) Costs incurred by a Mentor to provide developmental assistance, 
as described in paragraph (a) of this section, are allowable only to 
the extent provided at 48 CFR 919.7003(b).


919.7012  Review and approval process of agreement by OSDBU.

    (a) OSDBU will review the proposed Mentor-Protege Agreement under 
48 CFR 919.7010 and will complete its review and assessment no later 
than 30 days after receipt. OSDBU will provide a copy of its assessment 
to the cognizant DOE technical program manager and contracting officer 
for review and concurrence.
    (b) If OSDBU approves the Agreement, the Mentor may implement the 
developmental assistance program.
    (c) Upon finding deficiencies that DOE considers correctable, the 
OSDBU will notify the Mentor and request information to be provided 
within 30 days that may correct the deficiencies. The Mentor may then 
provide additional information for reconsideration. The review of any 
supplemental material will be completed within 30 days after receipt by 
the OSDBU and the Agreement either approved or disapproved.


919.7013  Reports.

    (a) Prior to performing an evaluation of a Mentor's performance 
under its Mentor-Protege Agreement for use in award fee evaluations, 
the Mentor-Protege Program Manager must consult with the cognizant DOE 
field technical program manager and must provide a copy of the 
performance evaluation comments regarding the technical effort and 
Mentor-Protege development to the contracting officer.
    (b) The DOE Mentor-Protege Program manager must submit semi-annual 
reports to the cognizant contracting officer regarding the 
participating Mentor's performance in the Program for use in the award 
fee determination process.
    (c) The DOE contractor must submit progress reports to the DOE 
Mentor-Protege Program Manager semi-annually.


919.7014  Solicitation provision.

    The contracting officer must insert the provision at 952.219-XX, 
DOE Mentor-Protege Program, in all solicitations with an estimated 
value in excess of the simplified acquisition threshold.

[[Page 68076]]

PART 952--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. The authority citation for Part 952 continues to read as 
follows:

    Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).

    4. A new subsection 952.219-XX, DOE Mentor-Protege Program is added 
as follows:


Sec. 952.219-XX,  DOE Mentor-Protege program.

    In accordance with 919.7014 insert the following provision in 
applicable solicitations.

DOE Mentor-Protege Program

(xxx xx)

    The Department of Energy has established a Mentor-Protege 
Program to encourage its prime contractors to assist firms certified 
under 8(a) of the Small Business Act by SBA, other certified Small 
Disadvantaged Businesses, Women-Owned Small Businesses, Historically 
Black Colleges and Universities and Minority Institutions and other 
Minority Institutions of higher learning in enhancing their business 
abilities. If the contract resulting from this solicitation is 
awarded on a cost-plus-award fee basis, the contractor's performance 
as a Mentor may be evaluated as part of the award fee plan. Mentor 
and Protege firms will develop and submit ``lessons learned'' 
evaluations to DOE at the conclusion of the contract. Any DOE 
contractor that is interested in becoming a Mentor should refer to 
the applicable regulations at 48 CFR 919.70 and should contact the 
Department of Energy's Office of Small and Disadvantaged Business 
Utilization.

[FR Doc. 99-31434 Filed 12-3-99; 8:45 am]
BILLING CODE 6450-01-P