Federal Register / Vol. 87, No. 39 / Monday, February 28, 2022 / Proposed Rules 11009 

■ D. In the definition of ‘‘Designated 

country’’, redesignating paragraphs (i), 

(ii), (iii), and (iv) as paragraphs (1), (2), 

(3), and (4), respectively; and in the 

newly redesignated paragraph (2), 

removing ‘‘Canada,’’; 

■ E. In the definition of ‘‘Domestic 

construction material’’, redesignating 

paragraphs (i), (ii) introductory text, 

(ii)(A) and (B) as paragraphs (1), (2) 

introductory text, and (2)(i) and (ii), 

respectively; and 

■ F. In the definitions of ‘‘Free Trade 

Agreement country construction 

material’’, ‘‘Least developed country 

construction material’’, ‘‘SC/CASA state 

construction material’’, and ‘‘WTO GPA 

country construction material’’, 

redesignating paragraphs (i) and (ii) as 

paragraphs (1) and (2), respectively; and 

■ iii. In paragraph (b) removing 

‘‘NAFTA’’ and adding ‘‘United StatesMexico-Canada Agreement’’ in its place. 

The revisions read as follows: 

252.225–7045 Balance of Payments 

Program—Construction Material Under 

Trade Agreements. 

* * * * * 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Basic (Date) 

* * * * * 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Alternate I (Date) 

* * * * * 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Alternate II (Date) 

* * * * * 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements—Alternate III (Date) 

* * * * * 

[FR Doc. 2022–04009 Filed 2–25–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Chapter 2 

[Docket DARS–2022–0002] 

RIN 0750–AK96 

Defense Federal Acquisition 

Regulation Supplement: 

Reauthorization and Improvement of 

Mentor-Prote ́ge ́ Program (DFARS Case 

2020–D009) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2020 that reauthorizes and 

modifies the DoD Mentor-Prote ́ge ́

Program. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

29, 2022 to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS 2020–D009, using 

any of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘DFARS Case 2020–D009’’ in the search 

box and select ‘‘Search.’’ Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

your name, company name (if any), and 

‘‘DFARS Case 2020–D009’’ on any 

attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2020–D009 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette Snyder, 571–372–6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement section 872 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2020 (Pub. 

L. 116–92). Section 872 modifies 

subsection (j) of section 831 of the 

NDAA for FY 1991 (Pub. L. 101–510; 10 

U.S.C. 2302 note) to reauthorize and 

improve the DoD Mentor-Prote ́ge ́

Program. Section 872 extends the date 

for entering into a mentor-prote ́ge ́

agreement, extends the date for 

reimbursement of mentors, limits the 

term for program participation, extends 

the date for a mentor to receive credit 

toward the attainment of small business 

subcontracting goals, and expands 

eligibility for prote ́ge ́ firms. 

II. Discussion and Analysis 

This proposed rule includes changes 

to DFARS subpart 219.71 and DFARS 

appendix I to implement section 872 of 

the NDAA for FY 2020 to reauthorize 

and improve the DoD Mentor-Prote ́ge ́

Program (the Program). This proposed 

rule— 

—Reauthorizes the Program by 

extending the date for entering into a 

mentor-prote ́ge ́ agreement from 

September 30, 2018, to September 30, 

2024; 

—Extends the date for mentor 

reimbursements to be paid for 

developmental assistance costs 

incurred under the Program from 

September 30, 2021, to September 30, 

2026; 

—Extends the date for a mentor to 

receive, for developmental assistance 

costs incurred under the Program, 

credit toward attainment of the 

subcontracting goals in its small 

business subcontracting plan from 

September 30, 2021, to September 30, 

2026; 

—Limits the program participation term 

to two years, unless approval is 

otherwise obtained for an additional 

period not to exceed three years; 

—Expands the eligibility of a prote ́ge ́ by 

aligning its size with the size standard 

of its primary North American 

Industry Classification System 

(NAICS) code; and 

—Adds a DoD Office of Small Business 

Programs cybersecurity readiness 

assessment that will be provided to 

prote ́ge ́s. 

In addition, proposed amendments to 

appendix I include— 

—Updated definitions to align with the 

statute; 

—Addition of DoD’s right to terminate 

agreements for convenience; and 

—Other administrative and conforming 

changes. 


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III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold, for Commercial Products 

Including Commercially Available Offthe-Shelf Items, and for Commercial 

Services 

This rule does not create any new 

solicitation provisions or contract 

clauses. It does not impact any existing 

provisions or clauses or their 

applicability to contracts at or below the 

simplified acquisition threshold, 

acquisitions of commercial products 

including commercially available offthe-shelf items, and acquisitions of 

commercial services. 

IV. Expected Impact of the Rule 

This rule reauthorizes and improves 

the DoD Mentor-Prote ́ge ́ program. The 

purpose of the program is to provide 

incentives to major DoD contractors to 

furnish eligible small business concerns 

with assistance designed to— 

(1) Enhance the capabilities of small 

business concerns to perform as 

subcontractors and suppliers under DoD 

contracts and other contracts and 

subcontracts; and 

(2) Increase the participation of such 

business concerns as subcontractors and 

suppliers under DoD contracts, other 

Federal Government contracts, and 

commercial contracts. 

Therefore, this rule will benefit small 

business concerns by extending the 

opportunity to enter into DoD mentorprote ́ge ́ agreements. In addition, the 

eligibility of small business concerns is 

expanded as this rule removes prior 

restrictions for eligibility by aligning the 

size of the small business with the size 

standard associated with its primary 

NAICS code. This rule is expected to 

benefit large entities and the 

Government, as well, by expanding the 

defense industrial base. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

VI. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules under the Congressional 

Review Act, to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the 

Congressional Review Act cannot take 

effect until 60 days after it is published 

in the Federal Register. This rule is not 

anticipated to be a major rule under 5 

U.S.C. 804. 

VII. Regulatory Flexibility Act 

DoD does not expect this proposed 

rule to have a significant economic 

impact on a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because this rule is expected to 

impact a limited number of small 

entities. However, an initial regulatory 

flexibility analysis has been performed 

and is summarized as follows: 

This proposed rule is necessary in 

order to implement section 872 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2020 (Pub. 

L. 116–92). Section 872 modifies 

subsection (j) of section 831 of the 

NDAA for FY 1991 (Pub. L. 101–510; 10 

U.S.C. 2302 note) to reauthorize and 

improve the DoD Mentor-Prote ́ge ́

Program (the Program). 

The objective of this rule is to 

implement the reauthorization and 

improvements to the Program 

authorized by section 872. The authority 

for entering into new agreements 

expired on September 30, 2018. This 

rule extends the date for new mentorprote ́ge ́ agreements to September 30, 

2024. In addition, the date for 

reimbursement of incurred costs under 

the Program is extended to September 

30, 2026, as is the date for costs to be 

applied to a mentor’s subcontracting 

goals under its small business 

subcontracting plan. The eligibility of a 

small business concern, as related to the 

Program, is modified to align with the 

size standard associated with its 

primary NAICS code. The legal basis for 

the rule is section 872 of the NDAA for 

FY 2020. 

The number of ongoing DoD mentorprote ́ge ́ agreements in FY 2018 and FY 

2019 was 90, four of which expired in 

FY 2019. No new agreements were 

entered into in FY 2019 since the 

authority to enter into agreements 

expired on September 30, 2018. The 

number of ongoing agreements in FY 

2020 was 86, 29 of which expired. As 

of June 2021, there were 57 ongoing 

agreements, 50 new agreements, and 12 

expiring agreements, with a total of 95. 

DoD estimates 66 new agreements will 

be entered into in FY 2022, 82 in FY 

2023, and 98 in FY 2024. 

This rule does not impose any new 

reporting, recordkeeping, or other 

compliance requirements for small 

entities. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD did not identify any significant 

alternatives that would minimize or 

reduce the impact on small entities. Any 

impact is expected to be beneficial. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2020–D009), in 

correspondence. 

VIII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does apply; however, 

these changes to the DFARS do not 

impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0332. 

List of Subjects in 48 CFR part 219 and 

Appendix I to Chapter 2 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR part 219 and 

appendix I to chapter 2 are proposed to 

be amended as follows: 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 1. The authority citation for 48 CFR 

part 219 is revised to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 2. Revise section 219.7100 to read as 

follows: 

219.7100 Scope. 

This subpart implements the Pilot 

Mentor-Prote ́ge ́ Program (referred to as 

the Program) established under section 

831 of the National Defense 

Authorization Act for Fiscal Year 1991 

(Pub. L. 101–510; 10 U.S.C. 2302 note). 

The purpose of the Program is to 

provide incentives for DoD contractors 

to assist prote ́ge ́ firms in enhancing 


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their capabilities and to increase 

participation of such firms in 

Government and commercial contracts. 

■ 3. Amend section 219.7102 by— 

■ a. In paragraphs (a) and (b), removing 

the periods and adding semicolons in 

their places; 

■ b. Redesignating paragraph (c) as 

paragraph (d); 

■ c. Adding a new paragraph (c); and 

■ d. Revising newly redesignated 

paragraphs (d) introductory text and 

(d)(1)(ii). 

The addition and revisions read as 

follows: 

219.7102 General. 

* * * * * 

(c) A preliminary assessment of the 

prote ́ge ́ firm’s cybersecurity readiness. 

The DoD Office of Small Business 

Programs (OSBP), Office of the Under 

Secretary of Defense, Acquisition and 

Sustainment (OUSD (A&S)), provides 

this preliminary assessment, which is a 

benefit of program participation; and 

(d) Incentives that DoD may provide 

to mentor firms, which include— 

(1) * * * 

(ii) A separate contract, upon written 

determination by the Director, OSBP, of 

the cognizant military department or 

defense agency that unusual 

circumstances justify reimbursement 

using a separate contract; or 

* * * * * 

■ 4. Revise section 219.7103–1 to read 

as follows: 

219.7103–1 General. 

The procedures for application, 

acceptance, and participation in the 

Program are in appendix I, Policy and 

Procedures for the DoD Pilot MentorProte ́ge ́ Program. The Mentor-Prote ́ge ́

Program Director, OSBP, OUSD (A&S), 

has the authority to approve contractors 

as mentor firms. The Director, OSBP, of 

each military department or defense 

agency has the authority to approve 

mentor-prote ́ge ́ agreements and forward 

approved mentor-prote ́ge ́ agreements to 

the contracting officer when funding is 

available. 

5. Amend section 219.7103–2 by— 

■ a. In the introductory text, removing 

‘‘must’’ and adding ‘‘shall’’ in its place; 

and 

■ b. Revising paragraphs (d)(1), (e)(3), 

(f), and (h). 

The revisions read as follows: 

219.7103–2 Contracting officer 

responsibilities. 

* * * * * 

(d) * * * 

(1) A DoD program manager or the 

Director, OSBP, of the cognizant 

military department or defense agency 

has made funds available for that 

purpose; and 

* * * * * 

(e) * * * 

(3) The Director, OSBP, of the military 

department or defense agency has made 

a determination in accordance with 

219.7102(d)(1)(ii). 

(f) Not authorize reimbursement for 

costs of assistance furnished to a prote ́ge ́

firm in excess of $1 million in a fiscal 

year unless a written determination 

from the Director, OSBP, of the military 

department or defense agency is 

obtained. 

* * * * * 

(h) Provide a copy of the approved 

mentor-prote ́ge ́ agreement to the 

Defense Contract Management Agency 

(DCMA) small business professional 

responsible for conducting the annual 

performance review (see appendix I, 

section I–113). 

219.7104 [Amended] 

■ 6. Amend section 219.7104 in 

paragraphs (b) and (d) by removing 

‘‘September 30, 2021’’ and adding 

‘‘September 30, 2026’’ in its place. 

219.7106 [Amended] 

■ 7. Amend section 219.7106 by 

removing ‘‘The Defense Contract 

Management Agency’’ and adding 

‘‘DCMA’’ in its place. 

Appendix I to Chapter 2—Policy and 

Procedures for the DoD Pilot MentorProte ́ge ́ Program 

■ 9. Add an authority citation at the end 

of appendix I to chapter 2 to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

■ 10. Amend appendix I to chapter 2 

by— 

■ a. In section I–100— 

■ i. Revising paragraph (a) introductory 

text; 

■ ii. In paragraph (c)(1), removing ‘‘2 

years’’ and adding ‘‘5 years’’ in its place; 

■ iii. Revising paragraph (c)(3); and 

■ iv. Adding paragraph (c)(4). 

■ b. Revising section I–101. 

■ c. In section I–102— 

■ i. In paragraph (a)(2)(ii), removing the 

word ‘‘and’’ at the end of the paragraph; 

■ ii. Adding paragraph (a)(2)(iv); 

■ iii. Revising paragraph (a)(3); 

■ iv. In paragraph (b)(3), removing ‘‘Less 

than half’’ and adding ‘‘Not more than’’ 

in its place; 

■ v. In paragraph (e), removing ‘‘Office 

of Small Business Programs (OSBP)’’ 

and adding ‘‘OSBP’’ in its place; 

■ vi. In paragraph (g)(1), removing 

‘‘pursuant to approved mentor-prote ́ge ́

agreements’’ and adding ‘‘in accordance 

with the approved mentor-prote ́ge ́

agreement’’ in its place; 

■ vii. In paragraph (g)(3), removing 

‘‘cognizant Component Director, SBP’’ 

and adding ‘‘Director, OSBP, of the 

cognizant military department or 

defense agency’’ in its place; and 

■ viii. Adding paragraph (h). 

■ d. In section I–103— 

■ i. In paragraph (a), removing 

‘‘September 30, 2018’’ and adding 

‘‘September 30, 2024’’ in its place; 

■ ii. In paragraph (b) introductory text, 

removing ‘‘prior to September 30, 2021’’ 

and adding ‘‘through September 30, 

2026’’ in its place; and 

■ iii. In paragraph (b)(3), removing 

‘‘cognizant Component Director, SBP,’’ 

and adding ‘‘Director, OSBP, of the 

cognizant military department or 

defense agency’’ in its place. 

■ e. In section I–104, revising paragraph 

(c). 

■ f. In section I–105, revising 

paragraphs (a) and (c). 

■ g. In section I–106— 

■ i. In paragraph (d)(1)(i), removing 

‘‘marketing’’ and adding ‘‘marketing and 

technology commercialization, 

compliance systems’’ in its place; 

■ ii. In paragraph (d)(1)(ii), removing 

‘‘quality assurance’’ and adding ‘‘quality 

assurance; acquisition or transfer of 

hardware, tooling, or software; and 

technology transfer and transition’’ in 

its place; 

■ iii. In paragraph (d)(2), removing 

‘‘firmunder’’ and adding ‘‘firm under’’ 

in its place; 

■ iv. In paragraph (d)(4), removing 

‘‘Subpart’’ and adding ‘‘subpart’’ in its 

place; and 

■ v. Adding paragraph (g). 

■ h. In section I–107— 

■ i. In paragraph (a), removing ‘‘email’’ 

and adding ‘‘email’’ in its place; 

■ ii. In paragraph (j), removing ‘‘2 years’’ 

and adding ‘‘5 years’’ in its place; and 

■ iii. Revising paragraph (k). 

■ i. In section I–108— 

■ i. In paragraph (a) introductory text, 

removing ‘‘DoD component’’ and adding 

‘‘military department or defense 

agency’’ in its place; 

■ ii. In paragraph (a)(5), removing ‘‘3 

years (Term of agreements may not 

exceed 5 years)’’ and adding ‘‘2 years 

(agreements may not exceed 5 years) 

(see I–107(k))’’ in its place; 

■ iii. In paragraph (a)(6), removing 

‘‘$1,000,000’’ and adding ‘‘$1 million’’ 

in its place; 

■ iv. In paragraph (b), removing 

‘‘cognizant DoD components’’ and 

adding ‘‘the military department or 

defense agency’’ in its place; 

■ v. In paragraph (c), removing 

‘‘cognizant Component Director, SBP, 

prior’’ and adding ‘‘Director, OSBP, of 


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the military department or defense 

agency prior’’ in its place; 

■ vi. In paragraph (d), removing 

‘‘cognizant DoD component’’ and 

adding ‘‘military department or defense 

agency’’ in its place; 

■ vii. In paragraph (e), removing 

‘‘component’’ and ‘‘Director, SBP’’ and 

adding ‘‘military department or defense 

agency’’ and ‘‘the Director, OSBP’’ in 

their places, respectively; and 

■ viii. In paragraph (f), removing 

‘‘cognizant Component Director, SBP,’’ 

and adding ‘‘Director, OSBP, of the 

military department or defense agency’’ 

in its place. 

■ j. In section I–109— 

■ i. In the introductory text, removing 

‘‘agreements’’ and adding ‘‘agreements 

including agreements that provide for 

both reimbursement and subcontracting 

credit’’ in its place; 

■ ii. In paragraph (c), removing 

‘‘Component Directors, SBP’’ and 

adding ‘‘Directors, OSBP, of the military 

departments or defense agencies’’ in its 

place; and 

■ iii. In paragraph (d), removing 

‘‘$1,000,000’’ and ‘‘cognizant 

Component Director, SBP’’ wherever 

they appear and adding ‘‘$1 million’’ 

and ‘‘Director, OSBP, of the military 

department or defense agency’’ in their 

places, respectively. 

■ k. In section I–110, adding 

introductory text. 

■ l. In section I–110.1, paragraph (a), 

removing ‘‘Plans .’’ and adding ‘‘Plans.’’ 

in its place. 

■ m. In section I–110.2, paragraphs (a) 

introductory text, (b) introductory text, 

and (c), removing ‘‘SBP’’ and adding 

‘‘OSBP’’ in its place. 

■ n. In section I–111— 

■ i. In paragraph (a), removing 

‘‘cognizant Component Director, SBP,’’ 

and ‘‘administrative contracting officer’’ 

and adding ‘‘Director, OSBP, of the 

cognizant military department or 

defense agency’’ and ‘‘small business 

professional’’ in their places, 

respectively; and 

■ ii. Adding paragraph (f). 

■ o. In section I–112.2— 

■ i. In paragraph (a)(2)(xii)(A), removing 

‘‘success assistance’’ and adding 

‘‘success developmental assistance’’ in 

its place; 

■ ii. In paragraph (a)(2)(xii)(B), 

removing ‘‘contracts’’ and adding 

‘‘contracts, including but not limited to 

the transition of innovative technology 

into a program of record’’ in its place; 

■ iii. In paragraph (a)(4), removing ‘‘at: 

http://www.acq.osd.mil/osbp/sb/ 

programs/mpp/resources.shtml’’ and 

adding ‘‘at https://business.defense.gov/ 

Programs/Mentor-Prote ́ge ́-Program/ 

MPP-Resources/’’ in its place; 

■ iv. In paragraph (b)(2), removing ‘‘2 

fiscal years’’ and adding ‘‘5 fiscal years’’ 

in its place; 

■ v. In paragraph (d)(1), removing 

‘‘cognizant Component Director, SBP,’’ 

and adding ‘‘Director, OSBP, of the 

military department or defense agency’’ 

in its place; and 

■ vi. In paragraph (d)(2), removing 

‘‘cognizant Component Director, SBP,’’ 

and adding ‘‘Director, OSBP, of the 

military department or defense agency,’’ 

in its place. 

■ p. Revising section I–113. 

The revisions and additions read as 

follows: 

Appendix I to Chapter 2—Policy and 

Procedures for the DoD Pilot MentorProte ́ge ́ Program 

I–100 Purpose 

(a) This appendix implements the 

Pilot Mentor-Prote ́ge ́ Program (the 

Program) established under section 831 

of the National Defense Authorization 

Act for Fiscal Year 1991 (Pub. L. 101– 

510; 10 U.S.C. 2302 note). The purpose 

of the Program is to provide incentives 

to major DoD contractors to furnish 

eligible small business concerns with 

assistance designed to— 

* * * * * 

(c) * * * 

(3) An increase in prote ́ge ́

participation in DoD science and 

technology programs; and 

(4) An increase in job creation of 

prote ́ge ́ firms from the date of execution 

of the mentor-prote ́ge ́ agreement until 5 

years after completion of the mentorprote ́ge ́ agreement. 

* * * * * 

I–101 Definitions 

As used in this appendix— 

Affiliation means, with respect to a 

relationship between a mentor firm and 

a prote ́ge ́ firm, a relationship described 

under 13 CFR 121.103. 

Eligible entity employing the severely 

disabled means a business entity 

operated on a for-profit or nonprofit 

basis that— 

(1) Uses rehabilitative engineering to 

provide employment opportunities for 

severely disabled individuals and 

integrates severely disabled individuals 

into its workforce; 

(2) Employs severely disabled 

individuals at a rate that averages not 

less than 20 percent of its total 

workforce; 

(3) Employs each severely disabled 

individual in its workforce generally on 

the basis of 40 hours per week; and 

(4) 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. 

Minority institution of higher 

education means an institution of 

higher education with a student body 

that reflects the composition specified 

in sections 312(b)(3), (4), and (5) of the 

Higher Education Act of 1965 (20 U.S.C. 

1058(b)(3), (4), and (5)). 

Service-disabled veteran-owned small 

business means a small business 

concern owned and controlled by 

service-disabled veterans as defined in 

section 8(d)(3) of the Small Business Act 

(15 U.S.C. 637(d)(3)). 

Severely disabled individual means 

an individual who is blind or severely 

disabled as defined in 41 U.S.C. 8501. 

Women-owned small business means 

a small business concern owned and 

controlled by women as defined in 

section 8(d)(3)(D) of the Small Business 

Act (15 U.S.C. 637(d)(3)(D)). 

I–102 Participant Eligibility 

(a) * * * 

(2) * * * 

(iv) Is an other than small business 

concern, unless approved by the 

Director of the Office of Small Business 

Programs (OSBP), Office of the Under 

Secretary of Defense, Acquisition and 

Sustainment (OUSD (A&S)), in 

accordance with 13 CFR 121.103 

regarding ‘‘affiliation and relationship’’; 

and 

(3) Be capable of imparting value to a 

prote ́ge ́ firm because of experience 

gained as a DoD contractor or through 

knowledge of general business 

operations and Government contracting, 

as demonstrated by evidence that such 

entity— 

(i) Received DoD contracts and 

subcontracts equal to or greater than 

$100 million during the previous fiscal 

year; 

(ii) Is a prime contractor to DoD with 

an active subcontracting plan; or 

(iii) Has graduated from the 8(a) 

Business Development Program and 

provides documentation of its ability to 

serve as a mentor. 

* * * * * 

(h) Within 30 days of any change in 

status affecting eligibility, mentors and 

prote ́ge ́s must give notice and 

explanation of pertinent facts to each 

other, the Director of OSBP, OUSD 

(A&S), and the Director, OSBP, of the 

military department or defense agency. 

* * * * * 

I–104 Selection of Prote ́ge ́ Firms 

* * * * * 

(c) Any interested party may file a 

protest of the selection of a prote ́ge ́ firm 

directly with the Director, OSBP, OUSD 


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(A&S) or the Director, OSBP, of the 

cognizant military department or 

defense agency. In the event of a protest 

regarding the size or status of an entity 

selected to be a prote ́ge ́ firm, the 

Director, OSBP, OUSD (A&S), or the 

Director, OSBP, of the military 

department or defense agency must refer 

the protest to the SBA to resolve in 

accordance with 13 CFR part 121 (with 

respect to size) or other parts of title 13 

of the CFR or this appendix (with 

respect to the prote ́ge ́’s socioeconomic 

status). The Director, OSBP, OUSD 

(A&S), or the Director, OSBP, of the 

military department or defense agency 

shall decide protests concerning all 

other aspects of a prote ́ge ́’s eligibility for 

the Program (e.g., nontraditional defense 

contractor or entity employing the 

severely disabled). 

* * * * * 

I–105 Mentor Approval Process 

(a) An entity seeking to participate as 

a mentor must apply to the MentorProte ́ge ́ Program Director, OSBP, OUSD 

(A&S), to establish its initial eligibility 

as a mentor. 

* * * * * 

(c) A template of the mentor 

application is available at https://

business.defense.gov/Programs/MentorProte ́ge ́-Program/MPP-Resources/. 

* * * * * 

I–106 Development of Mentor-Prote ́ge ́

Agreements 

* * * * * 

(g) The agreement shall demonstrate, 

through its execution, how it will 

contribute to the overall mission of DoD 

and/or fill or address an identified 

critical gap or vulnerability. Focus areas 

include, but are not limited to, 

manufacturing, research and 

development, and knowledge-based 

services. 

I–107 Elements of a Mentor-Prote ́ge ́

Agreement 

* * * * * 

(k) A program participation term for 

the agreement that does not exceed 2 

years. Requests for an extension of the 

agreement for a period not to exceed an 

additional 3 years are subject to the 

approval of the Director, OSBP, of the 

cognizant military department or 

defense agency. The justification must 

detail the unusual circumstances that 

warrant a term in excess of 2 years; 

* * * * * 

I–110 Credit Agreements 

Sections I–110.1 and I–110.2 apply to 

all credit agreements, including 

agreements that provide for both credit 

and reimbursement. 

* * * * * 

I–111 Agreement Terminations 

* * * * * 

(f) The Director, OSBP, OUSD (A&S) 

or the Director, OSBP, of the military 

department or defense agency is 

authorized to terminate the mentorprote ́ge ́ agreement for the convenience 

of the Government (to include national 

security grounds, funding limits, 

statutory requirements, or other 

considerations), as well as for cause 

upon written findings (e.g., either of the 

participants’ failure to perform or 

provide adequate assurance of 

performance; failure to comply with 

laws, regulations, and policies; conflicts 

of interest; or default under any 

provisions of a DoD contract or 

agreement). 

* * * * * 

I–113 Performance Reviews 

DCMA will conduct annual 

performance reviews of the progress and 

accomplishments realized under 

approved mentor-prote ́ge ́ agreements. 

These reviews must verify data 

provided on the semiannual reports and 

must provide information as to— 

(a) Whether all costs reimbursed to 

the mentor firm under the agreement 

were reasonably incurred to furnish 

assistance to the prote ́ge ́ in accordance 

with the mentor-prote ́ge ́ agreement and 

applicable regulations and procedures; 

and 

(b) Whether the mentor and prote ́ge ́

accurately reported progress made by 

the prote ́ge ́ in employment, revenues, 

and participation in DoD contracts 

during the Program participation term 

and for 5 fiscal years following the 

expiration of the Program participation 

term. 

[FR Doc. 2022–04012 Filed 2–25–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2021–0108; 

FF09E21000 FXES1111090FEDR 223] 

RIN 1018–BE90 

Endangered and Threatened Wildlife 

and Plants; Foothill Yellow-Legged 

Frog; Threatened Status With Section 

4(d) Rule for Two Distinct Population 

Segments and Endangered Status for 

Two Distinct Population Segments 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are extending 

the comment period on our December 

28, 2021, proposed rule to list four 

distinct population segments (DPSs) of 

the foothill yellow-legged frog (Rana 

boylii), a stream-dwelling amphibian 

from Oregon and California, under the 

Endangered Species Act of 1973, as 

amended (Act). We are extending the 

proposed rule’s comment period for 30 

days to give all interested parties an 

additional opportunity to comment. 

Comments previously submitted need 

not be resubmitted as they are already 

incorporated into the public record and 

will be fully considered in the final rule. 

DATES: The comment period on the 

proposed rule that published December 

28, 2021, at 86 FR 73914, is extended. 

We will accept comments received or 

postmarked on or before March 30, 

2022. 

ADDRESSES: You may submit comments 

by one of the following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R8–ES–2021–0108, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate the document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

(2) By hard copy: Submit by U.S. mail 

to: Public Comments Processing, Attn: 

FWS–R8–ES–2021–0108, U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on https:// 

www.regulations.gov. This generally 


khammond on DSKJM1Z7X2PROD with PROPOSALS