Sec E 02 52 212-1 Subcontacting Plan Example Task 5TP57110010.doc

ITSS Solicitation #5TP57110010 Contract GS05T11BM0006

Section E Part 02 - Attachment

SAMPLE SUBCONTRACTING PLAN OUTLINE

GENERAL SERVICES ADMINISTRATION (GSA)

SMALL, SMALL DISADVANTAGED, AND WOMEN-OWNED SMALL BUSINESS

SUBCONTRACTING PLAN OUTLINE

(MODEL)

The following outline meets the minimum requirements of 15 U.S.C. Section 637 d(8) and the ended to replace any existing corporate plan which may be more extensive. If assistance is needed to locate small business sources, contact (name of organization and phone number).

Identification Data: ___________________________________________________

Company Name: ____________________________________________________

Address: __________________________________________________________ Item/Service:_____________________

1. TYPE OF PLAN: (Check only 1).

[ ] INDIVIDUAL PLAN: In this type of plan all elements are developed specifically for this contract and are applicable for the full term of this contract.

[ ] MASTER PLAN: In this type of plan, goals are developed for this contract;

all other elements are standard. The master plan must be approved once every 3 years. Once incorporated into a contract with specific goals, it is valid for the life of the contract.

[ ] COMMERCIAL PRODUCTS PLAN: This type of plan is used when the contractor sells large quantities of off-the-shelf commodities to many Government agencies.

Plans/goals are negotiated with the initial agency on a company-wide basis rather than for individual contracts. The plan is effective only during year approved. The contractor must provide a copy of the initial agency approval, AND MUST SUBMIT AN ANNUAL SF 295 TO

WITH A BREAKOUT OF SUBCONTRACTING PRORATED FOR

2. GOALS: State separate dollar and percentage goals for small business, small disadvantaged business, and women-owned small business in the following format.

A. Estimated dollar value of all planned subcontracting, i.e., to all types of business concerns under this contract is:

Estimated Dollar Value Of All Planned Subcontracting

B. Estimated dollar value and percentage of planned subcontracting with large businesses (all business concerns classified as other than small) is:

Subcontracting To Large Business Concerns

C. Estimated dollar value and percentage of planned subcontracting to small business concerns is: (Include Small Disadvantaged and Women-owned Small Business)

Subcontracting to Small Business Concerns

D. Estimated dollar value and percentage of planned subcontracting to small disadvantaged business concerns is:

Subcontracting To Small Disadvantaged Business Concerns

E. Estimated dollar value and percentage of planned subcontracting to women-owned small business concerns is:

Subcontracting To Women-Owned Small Business Concerns

F. Products and/or services to be subcontracted under this contract, and the types of businesses supplying them, are: (Check all that apply).

Business Category or Size

(Attach additional sheets if necessary.)

F.1 Explain the methods used to develop the subcontracting goals for small, small disadvantaged, and women-owned small business concerns.

F.2 Explain how the product and service areas to be subcontracted were established, how the areas to be subcontracted to small, small disadvantaged and women-owned small businesses were determined.

F.3 How the capabilities of small, small disadvantaged and women-owned small businesses were determined.

F.4 Identify all source lists used in the determination process.

G. Indirect and overhead costs _ HAVE BEEN or _ HAVE NOT BEEN included in the dollar and percentage subcontracting goals stated above. (Check 1.)

H. If indirect and overhead costs HAVE BEEN included, explain the method used to determine the proportionate share of such costs to be allocated as subcontracts to small, small disadvantaged and women-owned business concerns.

3. PROGRAM ADMINISTRATOR:

FAR 19. 704(a)(2) requires information about the company employee who will administer the subcontracting program. Please provide the name, title, address, phone number, position within the corporate structure and the duties of that employee.

Name: ____________________________________________________________

Title: _____________________________________________________________

Address: _____________________________________________________________

Telephone:____________________________________________________

Position: _____________________________________________________________

Duties: The Program Administrator shall have general overall responsibility for the Contractors subcontracting program, i.e., developing, preparing, and executing individual subcontracting plans and monitoring performance relative to this particular plan. These duties included but are not limited to, the following activities.

A. Developing and promoting company/division policy statements that demonstrate the company’s/division’s support for awarding contracts and subcontracts to small, small disadvantaged, and women-owned small business concerns.

B. Developing and maintaining bidders’ lists of small, small disadvantaged, and women-owned small business concerns from all possible sources.

C. Ensuring periodic rotation of potential subcontractors on bidders’ lists.

D. Assuring that small, small disadvantaged, and women-owned small businesses are included on the bidders’ list for every subcontract solicitation for products and services they are capable of providing.

E. Ensuring that subcontract procurement “packages” are designed to permit the maximum possible participation of small, small disadvantaged, and women-owned small businesses.

F. Reviewing subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit small, small disadvantaged, and women-owned small business participation.

G. Ensuring that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by small, small disadvantaged, and women-owned small business concerns.

H. Overseeing the establishment and maintenance of contract and subcontract award records.

I. Attending or arranging for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc.

J. Directly or indirectly counseling small, small disadvantaged and women-owned small business concerns on subcontracting opportunities and how to prepare bids to the company.

K. Providing notice to subcontractors concerning penalties for misrepresentations of business status as small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the contractor’s subcontracting plan.

L. Conducting or arranging training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act on purchasing procedures.

M. Developing and maintaining an incentive program for buyers which supports the subcontracting program.

N. Monitoring the company’s performance and making any adjustments necessary to achieve the subcontract plan goals.

O. Preparing and submitting timely reports.

P. Coordinating the company’s activities during compliance reviews by Federal agencies.

4. EQUITABLE OPPORTUNITY

FAR 19.704(a)(3) requires a description of the efforts the contractor will make to ensure that small, small disadvantaged, and women-owned small business concerns will have an equitable opportunity to compete for subcontracts. These efforts include, but are not limited to, the following activities:

A. Outreach efforts to obtain sources:

Contacting minority and small business trade associations

Contacting business development organizations

Requesting sources from the Small Business Administration’s Procurement Automated Source System(PASS)

Attending small, minority, and women-owned business procurement conferences and trade fair

B. Internal efforts to guide and encourage purchasing personnel:

Presenting workshops, seminars and training programs

Establishing, maintaining and using small, small disadvantaged and women-owned business source lists, guides and other data for soliciting subcontracts

Monitoring activities to evaluate compliance with the subcontracting plan

C. Additional efforts: (Please describe.)

5. CLAUSE INCLUSION AND FLOW DOWN

FAR 19.704(a)(4) requires that your company include FAR 52.2198, “Utilization of Small, Small Disadvantaged, Women-owned Small Business Concerns,” in all subcontracts that offer further subcontracting opportunities. Your company must require all subcontractors, except small business concerns, that receive subcontracts in excess of $500,000 ($1,000,000 for construction) to adopt and comply with a plan similar to the plan required by FAR 52.219-9, “Small, Small Disadvantaged, and Women-Owned Small Business and Business Subcontracting Plan.”

Your company agrees that the clause will be included and that the plans will be reviewed against the minimum requirements for such plans. The acceptability of percentage goals for small, small disadvantaged, and women-owned small business concerns must be determined on a case-by-case basis depending on the supplies and services involved, the availability of potential small, small disadvantaged, and women-owned small business subcontractors and prior experience. Once the plans are negotiated, approved, and implemented, the plans must be monitored through the submission of periodic reports, including Standard Form (SF) 294 and SF 295 reports.

In accordance with policy letters published by the Office of Federal Procurement Policy, such assurance shall describe the offer’s procedures for the review, approval and monitoring for compliance with such subcontracting plans.

6. REPORTING AND COOPERATION

FAR 19.704(a)(5) requires that your company (1) cooperate in any studies or surveys as may be required, (2) submit periodic reports which show compliance with the subcontracting plan; (3) submit Standard Form (SF) 294, “Subcontracting Reports for Individual Contracts,” and SF 295, “Summary Subcontract Report,” in accordance with the instructions on the forms; and (4) ensure that subcontractors agree to submit SF 294 and SF 295.

Both the Director, Office of Small and Disadvantaged Business Utilization and the Small Business Specialist must receive the report(s) within 30 days after the close of each calendar period. That is:

* SF295 shall also be submitted to the SBA Commercial Market Representative

Small Business Technical Advisor’s address is:

Beverly Coley

230 S. Dearborn St.

Chicago, IL 60604

Phone: (312) 353-1100

E-mail: Beverly.coley@gsa.gov Director, Office of Small and Disadvantaged Business Utilization address is:

Beverly Coley

230 S. Dearborn St.

Chicago, IL 60604

Phone: (312) 353-1100

E-mail: Beverly.coley@gsa.gov

7. RECORDKEEPING

FAR 19.704(a)(6) requires a list of the types of records your company will maintain to demonstrate the procedures adopted to comply with the requirements and goals in the subcontracting plan. these records will include, but not be limited to, the following:

A. Small, small disadvantaged, and women-owned small business concern source lists, guides, and other data identifying such vendors.

B. Organizations contacted for small, small disadvantaged, and women-owned small business sources.

C. On a contract-by-contract basis, records on all subcontract solicitations over $100,000 which indicate for each solicitation (1) whether small business concerns were solicited, and if not, why not; (2) whether small disadvantaged business concerns were solicited, and if not, why not; (3) whether women-owned small business concerns were solicited, and if not, why not; and (4) reasons for the failure of solicited small, small disadvantaged, and women-owned small business concerns to receive the subcontract award.

D. Records to support other outreach efforts, e.g., contacts with minority and small business trade associations, attendance at small, minority, and women-owned small business procurement conference and trade fairs.

E. Records to support internal activities to (1) guide and encourage purchasing personnel, e.g., workshops, seminars, training programs, incentive awards; and (2) monitor activities to evaluate compliance.

F. On a contract-by-contract basis, records to support subcontract award data including the name, address and business size of each subcontractor. (This item is not required for company or division-wide commercial product plans).

G. Other records to support your compliance with the subcontracting plan: (Please describe)

8. TIMELY PAYMENTS TO SUBCONTRACTORS

FAR 19.702 requires your company to establish and use procedures to ensure the timely payment of amounts due pursuant to the terms of your subcontracts with small, small disadvantaged, and women-owned small business concerns.

Your company has established and uses such procedures:

9. DESCRIPTION OF GOOD FAITH EFFORT

Maximum practicable utilization of small, small disadvantaged, and women-owned small business concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved, and 15 U.S.C. 637(d)(4J(F) directs that liquidated damages shall be paid by the contractor.

In order to demonstrate your compliance with a good faith effort to achieve the small, small disadvantaged, and women-owned small business subcontracting goals, outline the steps your company plans to take. These steps will be negotiated with the contracting officer prior to approval of the plan.

The contractor is advised that this subcontracting plan will be made a material part of the contract and that the submission of the SF294 and SF295 will be made a line item deliverable in the contract.

10. SIGNATURES REQUIRED

This subcontracting plan was SUBMITTED by:

Signature:

Typed Name:

Title:

Date:

This subcontracting plan was REVIEWED by:

Title: Small Business Specialist:

This subcontracting plan was REVIEWED by:

Title: Small Business Administration Representative (PCR)

This subcontracting plan was CONCURRED by:

Title: Director, Office of Small and Disadvantaged Business Utilization:

This subcontracting plan was ACCEPTED by:

Title: Contracting Officer:

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