Subpart 1019.2 - Policies

Parent topic: PART 1019 - SMALL BUSINESS PROGRAMS

1019.202 Specific policies.

1019.202-70 The Treasury Mentor Protégé Program.

(a)-(b) [Reserved]

(c) Non-affiliation. For purposes of the Small Business Act, a protégé firm may not be considered an

affiliate of a mentor firm solely on the basis that the protégé firm is receiving developmental

assistance referred to in paragraph (m) of this section, from such mentor firm under the MentorProtégé Program.

(d) General policy.

(1) Eligible contractors, not included on the “System for Award Management Exclusions” that are

approved as mentors will enter into agreements with eligible protégés. Mentors provide appropriate

developmental assistance to enhance the capabilities of protégés to perform as contractors or

subcontractors.

(2) A firm's status as a protégé under a Treasury contract shall not have an effect on the firm's

eligibility to seek other contracts or subcontracts.

(e) Incentives for contractor participation.

(1) Under the Small Business Act, 15 U.S.C. 637(d)(4)(E), Treasury is authorized to provide

appropriate incentives in negotiated contractual actions to encourage subcontracting opportunities

consistent with the efficient and economical performance of the contract. Proposed mentor-protégé

efforts will be considered during the evaluation of such negotiated, competitive offers. Contracting

Officers may provide, as an incentive, a bonus score, not to exceed 5% of the relative importance

assigned to the non-price factors. If this incentive is used, the Contracting Officer shall include

language in the solicitation indicating that this adjustment may occur.

(2) Before awarding a contract that requires a subcontracting plan, the existence of a mentorprotégé arrangement, and performance (if any) under such an existing arrangement, will be

considered by the Contracting Officer in:

(i) Evaluating the quality of a proposed subcontracting plan under FAR 19.705-4; and,

(ii) Evaluating the contractor compliance with the subcontracting plans submitted in previous

contracts as a factor in determining contractor responsibility under FAR 19.705-5(a)(1).

(3) The Office of Small and Disadvantaged Business Utilization (OSDBU) Mentoring Award is a nonmonetary award that will be presented (annually on a fiscal year basis or as often as is appropriate)

to the mentoring firm providing the most effective developmental support of a protégé. The MentorProtégé Program Manager will recommend an award winner to the Director, OSDBU.
(f) [Reserved]

(g) Mentor firms. A mentor firm may be either a large or small business, eligible for award of a

Government contract that can provide developmental assistance to enhance the capabilities of

protégés to perform as subcontractors. Mentors will be encouraged to enter into arrangements with

protégés in addition to firms with whom they have established business relationships.

(h) Protégé firms.

(1) For selection as a protégé, a firm must be:

(i) A small business, women-owned small business, small disadvantaged business, small business

owned and controlled by veteran or service disabled veteran, or qualified HUBZone small business,

or a qualified 8(a) concern;

(ii) Qualified as a small business under the NAICS code for the services or supplies to be provided by

the protégé under its subcontract to the mentor; and

(iii) Eligible for award of Government contracts.

(2) Except small disadvantaged businesses and qualified HUBZone small business firms, a protégé

firm may self-certify to a mentor firm that it meets the requirements set forth in paragraph (h)(1) of

this section. Mentors may rely in good faith on written representations by potential protégés that

they meet the specified eligibility requirements. The h(1)(i), small disadvantaged business, or

qualified HUBZone small business status eligibility and documentation requirements are determined

according to FAR 19.304 and 19.1303, respectively.

(3) Protégés may not have multiple mentors unless approved, in writing, by the Director, OSDBU.

Protégés participating in other agency mentor protégé programs in addition to the Treasury MentorProtégé Program should maintain a system for preparing separate reports of mentoring activity for

each agency's program.

(i) Selection of protégé firms. (1) Mentor firms will be solely responsible for selecting protégé firms.

The mentor is encouraged to identify and select the types of protégé firms listed in 1019.202-70(h).

Mentor firms may have multiple protégés.

(2) The selection of protégé firms by mentor firms may not be protested. Any question regarding the

size or eligibility status of an entity selected by a mentor to be a protégé must be referred solely to

Treasury's OSDBU for resolution. Treasury, at its discretion, may seek an advisory opinion from the

Small Business Administration (SBA).

(j) Application process for mentor firms to participate in the program.

(1) Firms interested in becoming a mentor firm may apply in writing to Treasury's OSDBU. The

application will be evaluated based upon the description of the nature and extent of technical and

managerial support proposed as well as the extent of other developmental assistance in the form of

equity investment, loans, joint-venture support and traditional subcontracting support.

(k) OSDBU review and approval process of agreement.

(1) OSDBU will review the information specified in 1019.202-70(l). The OSDBU review will be

completed no later than 30 calendar days after receipt.
(2) Upon completion of the review, the mentor may implement the developmental assistance

program.

(3) An approved agreement will be incorporated into the mentor firm's contract(s) with Treasury.

(4) If OSDBU disapproves the agreement, the mentor may provide additional information for

reconsideration. Upon finding deficiencies that OSDBU considers correctable, OSDBU will notify the

mentor and provide a list of defects. Any additional information or corrections requested will be

provided within 30 calendar days. The review of any supplemental material will be completed within

30 calendar days after receipt by OSDBU. When submission of additional data is required during a

proposal evaluation for a new contract award, shorter timeframes for submission, review and reevaluation for approval may be authorized by OSDBU.

(5) The agreement defines the relationship between the mentor and protégé firms only. The

agreement itself does not create any privity of contract between the mentor or protégé and

Treasury.

(l) Agreement contents. The contents of the agreement will contain:

(1) Names and addresses of mentor and protégé firms and a point of contact within both firms who

will oversee the agreement;

(2) Procedures for the mentor firm to notify the protégé firm, OSDBU and the Contracting Officer, in

writing, at least 30 days in advance of the mentor firm's intent to voluntarily withdraw from the

Mentor-Protégé Program;

(3) Procedures for a protégé firm to notify the mentor firm in writing at least 30 days in advance of

the protégé firm's intent to voluntarily terminate the mentor-protégé agreement. The mentor must

notify OSDBU and the Contracting Officer immediately upon receipt of such notice from the protégé;

(4) Each proposed mentor-protégé relationship must include information on the mentor's ability to

provide developmental assistance to the protégé and how that assistance will potentially increase

contracting and subcontracting opportunities for the protégé firm;

(5) A description of the type of developmental program that will be provided by the mentor firm to

the protégé firm, to include a description of the potential subcontract work, and a schedule for

providing assistance and criteria for evaluation of the protégés developmental success;

(6) A listing of the types and dollar amounts of subcontracts that may be awarded to the protégé

firm;

(7) Program participation term;

(8) Termination procedures;

(9) Plan for accomplishing work should the agreement be terminated; and

(10) Other terms and conditions, as appropriate.

(m) Developmental assistance. The forms of developmental assistance a mentor can provide to a

protégé include:

(1) Management guidance relating to financial management, organizational management, overall
business management/planning, business development, and technical assistance.

(2) Loans;

(3) Rent-free use of facilities and/or equipment;

(4) Property;

(5) Temporary assignment of personnel to protégé for purpose of training; and

(6) Any other types of mutually beneficial assistance.

(n) Obligation.

(1) Mentor or protégé firms may voluntarily withdraw from the Mentor-Protégé Program. However,

such withdrawal shall not excuse the contractor from compliance with contract requirements.

(2) At the conclusion of each year in the Mentor-Protégé Program, the contractor and protégé must

formally brief the Department of the Treasury team regarding program accomplishments as they

pertain to the approved agreement. Individual briefings may be conducted, at the request of either

party. Treasury will consider the following:

(i) Specific actions taken by the mentor, during the evaluation period, to increase the participation of

protégés as suppliers to the Federal government and to commercial entities;

(ii) Specific actions taken by the mentor, during the evaluation period, to develop the technical and

corporate administrative expertise of a protégé as defined in the agreement;

(iii) To what extent the protégé has met the developmental objectives in the agreement; and

(iv) To what extent the mentor firm's participation in the Mentor-Protégé Program resulted in the

protégé receiving contract(s) and subcontract(s) from private firms and agencies other than the

Department of the Treasury.

(v) Mentor and protégé firms must submit an evaluation to OSDBU at the conclusion of the mutually

agreed upon program period, the conclusion of the contract, or the voluntary withdrawal by either

party from the Mentor-Protégé Program, whichever comes first.

(vi) Protégé firms shall submit a post completion report 24 months after exiting the Mentor-Protégé

Program. The post completion report will assist the Department of the Treasury in assessing the

progress of Protégé firms upon completion of the program.

(o) [Reserved]

(p) Solicitation provisions and contract clauses

(1) Insert the provision at 1052.219-73, Department of the Treasury Mentor-Protégé Program, in all

unrestricted solicitations exceeding $650,000 ($1,500,000 for construction) that offer

subcontracting possibilities.

(2) Insert the clause at 1052.219-75, Mentor Requirements and Evaluation, in solicitations and

contracts where the contractor is a participant in the Treasury Mentor-Protégé Program.