Page:United States Statutes at Large Volume 105 Part 2.djvu/473

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PUBLIC LAW 102-190—DEC. 5, 1991 105 STAT. 1425 Defense Authorization Act for Fiscal Year 1991 (Public Law 101- 510; 104 Stat. 1607). (b) PILOT MENTOR-PROTEGE PROGRAM IMPROVEMENTS.—(1) Section 831(g) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 140 Stat. 1609) is amended by striking out 10 USC 2301 paragraph (2) and inserting in lieu thereof the following: ^°^^- "(2)(A) The Secretary of Defense shall provide to a mentor firm reimbursement for the costs of the assistance furnished to a protege firm pursuant to paragraphs (1) and (7) of subsection (f). The Secretary shall ensure that the reimbursement is provided for— "(i) as a line item in a Department of Defense contract under which the mentor firm is furnishing products or services to the Department, subject to a maximum amount of reimbursement specified in such contract; "(ii) as a reimbursement of indirect costs incurred under the program which have been assigned to indirect cost pools, to the extent that such assigned costs are otherwise reasonable, allocable, and allowable; "(iii) in a separate contract, cooperative agreement, or other agreement entered into between the Secretary and the mentor firm for the purpose of providing reimbursement of costs incurred under the program, subject to a maximum amount of reimbursement specified in such contract or agreement; or "(iv) through a combination of the methods of reimbursement described in clauses (i), (ii), and (iii), but only if the mentor firm has an accounting system and controls adequate to assure proper identification and assignment of program costs to appropriate direct and indirect cost accounts. "(B) The Secretary and a mentor firm may provide for the allocation of such costs to any Department of Defense contract awarded to the mentor firm.". (2) Section 831(g) of such Act is further amended in paragraph (3)(A)- (A) by striking out "paragraph (2) may" and inserting "either subparagraph (A) or (C) of paragraph (2) or are reimbursed pursuant to subparagraph (B) of such paragraph shall"; (B) by inserting after "a Department of Defense contract" the following: ", under a contract with another executive agency,"; and (C) by striking out "Executive" and inserting in lieu thereof "executive". (3) Section 831 of such Act is amended by adding at the end the following new subsection: "(n) AVAILABILITY OF FUNDING.— Funds authorized and appropriated to carry out the program shall remain available until September 30, 1999.". (4) Section 831(k) of such Act is amended by adding at the end the Code of following: "The Secretary shall ensure that the Department of ^^^^^^^l. Defense policy regarding the pilot Mentor-Protege Program, dated m^wicadon^' July 30, 1991 (and any successor policy), is published and maintained in the Code of Federal Regulations.". (c) CONFORMING AMENDMENT.— Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) is amended by adding at the end the following new paragraph: "(12) For purposes of determining the attainment of a subcontract utilization goal under any subcontracting plan entered into with any executive agency pursuant to this subsection, a mentor firm