View all text of Part H [§ 451 - § 475a]
§ 475a. Mentor-protégé program
(a) Establishment
(b) Eligibility
(c) Program application and approval
(1) ApplicationThe 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) 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.
(B) A schedule with milestones for achieving the assistance to be provided over the period of participation in the Program.
(C) An estimate of the costs to be incurred by the mentor firm for providing assistance under the Program.
(D) Attestations that Program participants will submit to the Secretary reports at times specified by the Secretary to assist the Secretary in evaluating the protégé firm’s developmental progress.
(E) Attestations that Program participants will inform the Secretary in the event of a change in eligibility or voluntary withdrawal from the Program.
(2) Approval
(3) Rescission
(d) Program duration
(e) Program benefitsA mentor firm and protégé firm that enter into an agreement under subsection (d) may receive the following Program benefits:
(1) 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.
(2) 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.
(3) A protégé firm may receive technical, managerial, financial, or any other mutually agreed upon benefit from a mentor firm, including a subcontract award.
(f) ReportingNot later than one year after December 23, 2022, and annually thereafter, the head of the Office of Small and Disadvantaged Business Utilization shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Homeland Security and the Committee on Small Business of the House of Representatives a report that—
(1) identifies each agreement between a mentor firm and a protégé firm entered into under this section, including the number of protégé firm participants that are—
(A) small business concerns;
(B) small business concerns owned and controlled by veterans;
(C) small business concerns owned and controlled by service-disabled veterans;
(D) qualified HUBZone small business concerns;
(E) small business concerns owned and controlled by socially and economically disadvantaged individuals;
(F) small business concerns owned and controlled by women;
(G) historically Black colleges and universities; and
(H) minority-serving institutions;
(2) describes the type of assistance provided by mentor firms to protégé firms;
(3) identifies contracts within the Department in which a mentor firm serving as the prime contractor provided subcontracts to a protégé firm under the Program; and
(4) assesses the degree to which there has been—
(A) an increase in the technical capabilities of protégé firms; and
(B) an increase in the quantity and estimated value of prime contract and subcontract awards to protégé firms for the period covered by the report.
(g) Rule of construction
(h) DefinitionsIn this section:
(1) Historically Black college or university
(2) Mentor firmThe term “mentor firm” means a for-profit business concern that is not a small business concern that—
(A) has the ability to assist and commits to assisting a protégé to compete for Federal prime contracts and subcontracts; and
(B) satisfies any other requirements imposed by the Secretary.
(3) Minority-serving institution
(4) Protégé firmThe term “protégé firm” means a small business concern, a historically Black college or university, or a minority-serving institution that—
(A) is eligible to enter into a prime contract or subcontract with the Department; and
(B) satisfies any other requirements imposed by the Secretary.
(5) Small Business Act definitions
(Pub. L. 107–296, title VIII, § 890D, as added Pub. L. 117–263, div. G, title LXXI, § 7115(a), Dec. 23, 2022, 136 Stat. 3634.)