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DoD Mentor-Protege Program Becomes Permanent and Other DFARS Final Rules (Published 10/25/2023)

The Federal Register has been BUSY this week publishing proposed and final DFARS (Defense FAR Supplement) rules. They are:

DFARS Case 2023-D011: DoD Mentor-Protege Program --- This proposed rule would amend the DFARS to:

1️⃣ Permanently authorize the program.

2️⃣ Potentially remove the deadline for entering into a mentor-protege agreement since the program would be permanent and no longer a pilot.

3️⃣ Extend the term for program participation from two years to three years.

4️⃣ Remove specific dates for mentor reimbursements and credits toward subcontracting goals in its small business subcontracting plan for agreements entered into after December 23, 2022.

5️⃣ Lower the dollar threshold for mentor eligibility from $100M to $25M.

6️⃣ Add "manufacturing, test, and evaluation" to the list of assistance that a mentor may provide to a protege under a mentor-protege agreement and the list of assistance that a mentor firm may obtain for the protege firm under a mentor-protege agreement. Permalink is here. Comments are due on or before 12/26/2023.

DFARS Case 2024-D001: New Designated Country - North Macedonia (Final Rule effective 10/30/2023) --- This final rule amends DFARS to add North Macedonia as a new designated country under the World Trade Organization (WTO) Government Procurement Agreement (GPA). The U.S. Trade Representative published a notice in the Federal Register waiving the Buy American statute and other discriminatory provisions for eligible products from North Macedonia on 10/4/2023. Permalink is here.

DFARS Case 2023-D015: Prohibition on Certain Procurements From the Xinjiang Uyghur Autonomous Region (Final Rule effective 10/30/2023) -- Adopts an interim rule published on 12/16/2022 without change to require a certification from offerors for contracts with DoD to state the offeror has made a good faith effort to determine that forced labor from the Xinjiang Uyghur Autonomous Region of the People's Republic of China (XUAR) was not or will not be used in the performance of a contract. Permalink is here.

DFARS Case 2021-D021: Restrictions on Overhaul and Repair of Naval Vessels in Foreign Shipyards (Final Rule effective 10/30/2023) -- implements section 1025 of FY2021 NDAA to restrict the overhaul or repair of a naval vessel in a shipyard outside the U.S. or Guam with some exceptions (see link). Permalink is here.

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