Sec. 410. Mentor-protégé program
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Subtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. ), as amended by this Act, is further amended by adding at the end the following new section: There is established in the Department a mentor-protégé program (in this section referred to as the Program ) under which a mentor firm enters into an agreement with a protégé firm for the purpose of assisting the protégé firm to compete for prime contracts and subcontracts of the Department. The Secretary shall establish criteria for mentor firms and protégé firms to be eligible to participate in the Program, including a requirement that a firm is not included on any list maintained by the Federal Government of contractors that have been suspended or debarred.
The Secretary, acting through the Office of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application jointly by a mentor firm and the protégé firm selected by the mentor firm. The application shall include each of the following: A description of the assistance to be provided by the mentor firm, including, to the extent available, the number and a brief description of each anticipated subcontract to be awarded to the protégé firm.
A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program. An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program. Attestation that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the developmental progress of the protégé firm. Attestations that Program participants will inform the Secretary in the event of change in eligibility or voluntary withdrawal from the Program.
Not later than 60 days after receipt of an application pursuant to paragraph (1), the head of the Office of Small and Disadvantaged Business Utilization shall notify applicants of approval or, in the case of disapproval, the process for resubmitting an application for reconsideration. The head of the Office of Small and Disadvantaged Business Utilization may rescind the approval of an application under this subsection if it determines that such action is in the best interest of the Department.
A mentor firm and protégé firm approved pursuant to subsection
(c)shall enter into an agreement to participate in the Program for a period of not less than 36 months. A mentor firm and protégé firm that enter into an agreement under subsection
(d)may receive the following Program benefits: With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive evaluation credit for participating in the Program. With respect to an award of a contract that requires a subcontracting plan, a mentor firm may receive credit for a protégé firm performing as a first tier subcontractor or a subcontractor at any tier in an amount equal to the total dollar value of any subcontracts awarded to such protégé firm. A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award. Not later than one year after the date of the enactment of this section and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the appropriate congressional committees a report on the progress of carrying out this section. Each report required under paragraph
(1)shall include the following: Identification of each agreement between a mentor firm and a protégé firm entered into under this section, including the number of protégé firm participants that are— small business concerns; small business concerns owned and controlled by veterans; small business concerns owned and controlled by service-disabled veterans; qualified HUBZone small business concerns; small business concerns owned and controlled by socially and economically disadvantaged individuals; women-owned small business concerns; historically Black colleges and universities; and minority institution of higher education. Identification of contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program. A description of the type of assistance provided by a mentor firm to a protégé firm. An assessment of— the increase, if any, in the technical capabilities of each protégé firm; and the number and value of prime contract and subcontract awards to protégé firms. Nothing in this section may be construed to limit, diminish, impair, or otherwise affect the authority of the Department to participate in any program carried out by or requiring approval of the Small Business Administration or adopt or follow any regulation or policy that the Administrator of the Small Business Administration may promulgate. In this section: The term appropriate congressional committees means— the Committee on Homeland Security and the Committee on Small Business of the House of Representatives; and the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate. The term historically Black college or university means any of the historically Black colleges and universities referred to in section 2323 of title 10, United States Code, as in effect on March 1, 2018. The term mentor firm means a for-profit business concern that is not a small business concern that— has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and satisfies any other requirements imposed by the Secretary. 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) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b) ). The term protégé firm means a small business concern, a historically Black college or university, or a minority institution of higher education that— is eligible to enter into a prime contract or subcontract with the Department; and satisfies any other requirements imposed by the Secretary. The term small business concern has meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ). The term small business concern owned and controlled by service-disabled veterans has the meaning given the term in section 3(q)(2) of the Small Business Act ( 15 U.S.C. 632(q)(2) ). The term small business concern owned and controlled by veterans has the meaning given the term in section 3(q)(3) of the Small Business Act ( 15 U.S.C. 632(q)(3) ). The term small business concern owned and controlled by women has the meaning given the term in section 3(n) of the Small Business Act ( 15 U.S.C. 632(n) ). The term qualified HUBZone small business concern has the meaning given the term in section 3(p) of the Small Business Act ( 15 U.S.C. 632(p) ). The term small business concern owned and controlled by socially and economically disadvantaged individuals has the meaning given such term in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) ). . The table of contents in section 1(b) of the Homeland Security Act of 2002, as amended by this Act, is further amended by inserting after the item relating to section 890D the following new item: Sec. 890E. Mentor-protégé program. .
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