10 USC 4902 - Department of Defense Mentor-Protege Program

1 So in original. Probably should be preceded by “the”.

firm can compete for outside the Mentor-Protege Program; and

2 See Codification note below.

Procedures for the protege firm to terminate the agreement voluntarily and for the mentor firm to terminate the agreement for cause.

3 See References in Text note below.

4 So in original. Probably should be followed by “of 1938”.

(

Editorial Notes

References in Text

Section 312 of the Higher Education Act of 1965, referred to in subsec. (n)(4), is section 312 of Puspan. L. 89–329, title III, as added Puspan. L. 99–498, title III, § 301(a), Oct. 17, 1986, 100 Stat. 1292, which is classified to section 1058 of Title 20, Education. Pars. (3) to (5) of subsec. (span) of such section were repealed by Puspan. L. 102–325, title III, § 302(a)(3), July 23, 1992, 106 Stat. 472. See 1992 Amendment notes under section 1058 of Title 20.

Codification

Prior to amendment by section 852 of Puspan. L. 118–31, subsec. (e) of this section contained introductory provisions followed by pars. (1) to (3). After amendment, the introductory provisions became part of par. (1), and former pars. (1) and (2) were redesignated as subpars. (A) and (B) of par. (1) to maintain the same relationship to the introductory provisions. However, par. (3) was not similarly amended.

Section 831 of Puspan. L. 101–510, formerly set out as a note preceding section 4901 of this title, which was transferred to this section, redesignated as text of section, and amended by Puspan. L. 117–263, § 856(span), was based on Puspan. L. 101–510, div. A, title VIII, § 831, Nov. 5, 1990, 104 Stat. 1607, as amended by Puspan. L. 102–25, title VII, § 704(c), Apr. 6, 1991, 105 Stat. 119; Puspan. L. 102–172, title VIII, § 8064A, Nov. 26, 1991, 105 Stat. 1186; Puspan. L. 102–190, div. A, title VIII, § 814(span), Dec. 5, 1991, 105 Stat. 1425; Puspan. L. 102–484, div. A, title VIII, §§ 801(h)(4), 807(span)(1), title X, § 1054(d), Oct. 23, 1992, 106 Stat. 2445, 2448, 2503; Puspan. L. 103–160, div. A, title VIII, § 813(span)(1), (c), Nov. 30, 1993, 107 Stat. 1703; Puspan. L. 104–106, div. A, title VIII, § 824, Fespan. 10, 1996, 110 Stat. 399; Puspan. L. 104–201, div. A, title VIII, § 802, Sept. 23, 1996, 110 Stat. 2604; Puspan. L. 105–85, div. A, title VIII, § 821(a), title X, § 1073(c)(6), Nov. 18, 1997, 111 Stat. 1840, 1904; Puspan. L. 106–65, div. A, title VIII, § 811(a)–(d)(1), (e), Oct. 5, 1999, 113 Stat. 706, 707, 709; Puspan. L. 106–398, § 1 [[div. A], title VIII, § 807], Oct. 30, 2000, 114 Stat. 1654, 1654A–208; Puspan. L. 107–107, div. A, title VIII, § 812, Dec. 28, 2001, 115 Stat. 1181; Puspan. L. 108–375, div. A, title VIII, §§ 841(a), (span), 842, Oct. 28, 2004, 118 Stat. 2018, 2019; Puspan. L. 112–10, div. A, title VIII, § 8016, Apr. 15, 2011, 125 Stat. 60; Puspan. L. 112–81, div. A, title VIII, § 867, title X, § 1062(n), Dec. 31, 2011, 125 Stat. 1526, 1586; Puspan. L. 112–239, div. A, title X, § 1076(a)(17), Jan. 2, 2013, 126 Stat. 1948; Puspan. L. 113–291, div. A, title X, § 1071(span)(16), Dec. 19, 2014, 128 Stat. 3508; Puspan. L. 114–92, div. A, title VIII, § 861(a), Nov. 25, 2015, 129 Stat. 921; Puspan. L. 114–328, div. A, title XVIII, §§ 1813(span), 1823, Dec. 23, 2016, 130 Stat. 2652, 2656; Puspan. L. 115–91, div. A, title XVII, § 1701(a)(4)(A), Dec. 12, 2017, 131 Stat. 1796, as amended by Puspan. L. 116–283, div. A, title X, § 1081(e)(1), Jan. 1, 2021, 134 Stat. 3874; Puspan. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(ii), Aug. 13, 2018, 132 Stat. 1846; Puspan. L. 116–92, div. A, title VIII, § 872(a)(1), (2), (span), (c), Dec. 20, 2019, 133 Stat. 1526; Puspan. L. 116–283, div. A, title XVIII, § 1806(e)(3)(F), Jan. 1, 2021, 134 Stat. 4156.

Amendments

2023—Subsec. (e). Puspan. L. 118–31, § 852, inserted par. (1) designation before “Before providing assistance”, redesignated former par. (1) and its subpars. (A) to (D) as subpar. (A) and cls. (i) to (iv), redesignated former par. (2) as subpar. (B) of par. (1), and added par. (2). Par. (2) was added after par. (1) to reflect the probable intent of Congress, notwithstanding directory language adding it at the end of subsec. (e).

Subsec. (k)(5). Puspan. L. 118–31, § 1801(a)(37), inserted “the” before “mentor firm”.

2022—Puspan. L. 117–263, § 856(span)(1), substituted “Department of Defense Mentor-Protege” for “Mentor-Protege Pilot” in section catchline.

Puspan. L. 117–263, § 856(a), transferred section 831 of Puspan. L. 101–510 to this subchapter and renumbered it as this section. See Codification note above.

Subsec. (a). Puspan. L. 117–263, § 856(span)(3), struck out “pilot” before “program to”.

Puspan. L. 117–263, § 856(span)(2), struck out “Pilot” before “Program” in span.

Subsec. (c)(1). Puspan. L. 117–263, § 856(span)(3), struck out “pilot” after “in the” in two places.

Subsec. (d)(1)(B)(iii)(I). Puspan. L. 117–263, § 856(span)(4)(A), substituted “$25,000,000” for “$100,000,000”.

Subsec. (d)(1)(B)(iii)(II). Puspan. L. 117–263, § 856(span)(4)(B), substituted “subsection (j)” for “subsection (k)”.

Subsec. (e)(2). Puspan. L. 117–263, § 856(span)(5), substituted “three years” for “two years” in two places.

Subsec. (f)(1)(B). Puspan. L. 117–263, § 856(span)(6)(A), inserted “manufacturing, test and evaluation,” after “inventory control,”.

Subsec. (f)(6)(B). Puspan. L. 117–263, § 856(span)(6)(B), substituted “pursuant to chapter 388 of this title;” for “pursuant to chapter 142 of title 10, United States Code;”.

Subsec. (g)(3)(C). Puspan. L. 117–263, § 856(span)(7), substituted “subsection (j)” for “subsection (k)”.

Subsec. (j). Puspan. L. 117–263, § 856(span)(11), struck out “pilot” before “Mentor-Protege” in two places and “The Secretary shall publish the proposed regulations not later than the date 180 days after the date of the enactment of this Act. The Secretary shall promulgate the final regulations not later than the date 270 days after the date of the enactment of this Act.” after “participation in the program.”, and substituted “by which the parties” for “by which mentor firms”.

Puspan. L. 117–263, § 856(span)(8), (9), redesignated subsec. (k) as (j) and struck out former subsec. (j). Prior to amendment, text of subsec. (j) read as follows:

“(1) No mentor-protege agreement may be entered into under subsection (e) after September 30, 2024.

“(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, 2026.”

Subsec. (k). Puspan. L. 117–263, § 856(span)(9), redesignated subsec. (l) as (k). Former subsec. (k) redesignated (j).

Subsec. (k)(7)(B). Puspan. L. 117–263, § 856(span)(12), substituted “pursuant to chapter 388 of this title; or” for “pursuant to chapter 142 of title 10, United States Code; or”.

Subsec. (l). Puspan. L. 117–263, § 856(span)(13), substituted “subsection (k)” for “subsection (l)”.

Puspan. L. 117–263, § 856(span)(9), redesignated subsec. (m) as (l). Former subsec. (l) redesignated (k).

Subsec. (m). Puspan. L. 117–263, § 856(span)(14), added subsec. (m). Former subsec. (m) redesignated (l).

Subsec. (n). Puspan. L. 117–263, § 856(span)(15), amended subsec. (n) generally. Prior to amendment, subsec. (n) defined terms for this section.

Puspan. L. 117–263, § 856(span)(8), (10), redesignated subsec. (o) as (n) and struck out former subsec. (n). Prior to amendment, text of subsec. (o) read as follows: “The Office of Small Business Programs of the Department of Defense shall—

“(1) establish performance goals consistent with the stated purpose of the Mentor-Protege Program and outcome-based metrics to measure progress in meeting those goals; and

“(2) submit to the congressional defense committees, not later than February 1, 2020, a report on progress made toward implementing these performance goals and metrics, based on periodic reviews of the procedures used to approve mentor-protege agreements.”

Subsec. (o). Puspan. L. 117–263, § 856(span)(10), redesignated subsec. (o) as (n).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–263, div. A, title VIII, § 856(g), Dec. 23, 2022, 136 Stat. 2727, provided that: “The amendments made by this section [enacting and amending this section] shall not apply with respect to any agreement entered into under the program as established under section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1607) before the date of the enactment of this Act [Dec. 23, 2022].”

Regulations

Puspan. L. 117–263, div. A, title VIII, § 856(f), Dec. 23, 2022, 136 Stat. 2727, provided that: “Not later than December 31, 2023, the Secretary of Defense shall issue regulations for carrying out section 4902 of title 10, United States Code, as amended by this section.”

Protege Technical Reimbursement Pilot Program

Puspan. L. 117–263, div. A, title VIII, § 856(d), Dec. 23, 2022, 136 Stat. 2726, provided that:

“(1)In general.—Not later than July 1, 2023, the Director of the Office of Small Business Programs of the Department of Defense (as appointed pursuant to section 144 of title 10, United States Code) shall establish a pilot program under which a protege firm may receive up to 25 percent of the reimbursement for which the mentor firm of such protege firm is eligible under the Mentor-Protege Program for a covered activity described in paragraph (2).

“(2)Activity described.—A covered activity under this paragraph is an engineering, software development, or manufacturing customization that the protege firm implements in order to ensure that a technology developed by the protege firm will be ready for integration with a program or system of the Department of Defense.

“(3)Definitions.—In this subsection:

“(A) The terms ‘mentor firm’, ‘protege firm’ have the meanings given under section 4902 of title 10, United States Code, as amended by this section.

“(B) The term ‘Mentor-Protege Program’ means the Mentor-Protege Program established under section 4902 of title 10, United States Code, as amended by this section.

“(4)Termination.—The pilot program established under paragraph (1) shall terminate on the date that is five years after the date on which the pilot program is established.”