70CMSW22R00000011 Attachment 5 FINAL.pdf

Attachment 5

70CMSW22R00000011

Sample Subcontracting Plan

- 1 – Attachment 5 – Sample Subcontracting Plan

DEPARTMENT OF HOMELAND SECURITY (DHS)

IMMIGRATIONS AND CUSTOMS ENFORCEMENT (ICE)

SAMPLE SUBCONTRACTING PLAN

The following outline meets the minimum requirements of the Small Business Act, as amended, and implemented by Federal Acquisition Regulations (FAR) Subpart 19.7. While this outline has been designed to be consistent with statutory and regulatory requirements, other formats of a subcontracting plan may be acceptable. It is not intended to replace any existing corporate plan that is more extensive. Failure to include the essential information of FAR Subpart 19.7 may be cause for either a delay in acceptance or the rejection of a bid or offer when a subcontracting plan is required. “SUBCONTRACT,” as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. If assistance is needed to locate small business sources, contact the Office of Small and Disadvantage Business Utilization (OSDBU) at (202) 447-5279 or the Immigrations and Customs Enforcement (ICE) Office of Acquisition Management (OAQ) Small Business Specialist at 202-732-2775. Sources may also be obtained from Small Business Administration’s PRONET website: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm or www.ccr.gov. Please note that the Department of Homeland Security (ICE) has subcontracting goals for FY2022 (as of 2/15/22) of:

Total Subcontracting Dollars Prime Small Business Goals 34.5% Prime Small Disadvantaged Business Goals 17% Prime SDVOSB Goals 3% Prime Women Owned SB Goal 5% Prime HUBZone SB Goals 3% Subcontract SB Goals 43%

Identification Data:

Name of Prime Contractor:

Address:

City: State: Zip code:

Unique Entity Identifier (UEI):

Solicitation: 70CMSW22R00000011

Description of Requirement: Provide up to 67,500,000.00 rounds of 9mm Duty Ammunition (RITA), delivered to numerous Department of Homeland Security (DHS) component locations nationwide, U.S. Department of Defense, U.S. Federal law enforcement or national security agencies, including those in the continental U.S., Alaska, Hawaii, Guam, the Northern Marianna Islands, Puerto Rico, and the U.S. Virgin Islands.

http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm http://www.ccr.gov/

Sample Subcontracting Plan

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Total Contract Amount: $_________________________________________________

The Period of Contract Performance Including Option Years (Month and Year): Base period of twelve (12) months with four (4) twelve-month option periods.

Activity Awarding Contract: ICE Office of Acquisitions Management, Mission Support Orlando, FL.

Contracting Officer Name: Tony Ross

Prime Contract is: [] Manufacturer [] Distributor [] Manufacturer/Distributor [] Other _________________

1. Type of Plan - (Check One)

(Represents ______% of Total Annual Sales)

______Individual Plan: - means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except those indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the 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 every three (3) years. Once incorporated into a contract with specific goals, it is valid for the life of the contract.

______ Commercial Plan - means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

2. GOALS - FAR 19.704(a)(1) requires separate dollar and percentage goals for using Small Business (SB) concerns, non-8(a) Small Disadvantaged Business (N8SDB) concerns, 8(a) Small Disadvantaged Business (8SDB) concerns, Historically Underutilized Business Zone (HUBZone) small business concerns, Service-Disabled Veteran-Owned Small Business (SDVOB) concerns, and Women-Owned Small Business (WOSB) as subcontractors for the base year and each option year. (Please note that the goals for non-8(a) Small Disadvantaged Business, 8(a) Small Disadvantaged Business, HUBZone small business, service-disabled veteran-owned small business, and women-owned small business concerns are sub-sets of the small business goal).

Sample Subcontracting Plan

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2.1. Please state separate dollar and percentage goals for SB (including Alaska Native Corporation’s (ANCs); N8SDB, 8SDB, HUBZone, SDVOB and WOSB Concerns.

NOTE: “ZERO” PERCENT VALUE FOR GOALS OR “N/A” ARE UNACCEPTABLE. GOALS AND

PERCENTAGES MUST BE ROUNDED TO THE NEARST DOLLAR AND TENTH OF A PERCENT.

EXAMPLE OF HOW TO CALCULATE THE GOALS:

DOLLARS PERCENT

Total Proposal/Contract Price (including options) $1,500,000 Total to be Subcontracted $1,000,000 100% Subcontract to Small Business (including Alaska Native Corporations (ANC) and Indian tribes)

$335,000 33.5%

Subcontract to Non-8(a) Small Disadvantaged Business $40,000 4.0% 8(a) Small Disadvantaged Business $40,000 4.0% Subcontract to HUBZone Small Business $30,000 3.0% Service-Disabled Veteran-Owned Small Business $30,000 3.0% Women-Owned Small Business $30,000 3.0%

PLEASE NOTE THAT PERCENTAGES MAY NOT TOTAL 100% AS VENDORS MAY BE IN MULTIPLE

SOCIO-ECONOMIC CATEGORIES.

IF PERCENTAGE GOALS BELOW ARE LOWER THAN THE GOALS ESTABLISHED ON PAGE 1, PLEASE

SUBMIT THE SPECIFIC JUSTIFICATION STATING WHY:

PLEASE ENTER THE INFORMATION LISTED BELOW:

Total dollars to be subcontracted: $____________________________

Estimated total dollars to be subcontracted to Small Business (SB) (including Alaska

Native Corporation’s (ANCs) and Indian tribes):

FY FY FY FY FY

Ordering Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering Period 5

Estimated total dollars to be subcontracted to non-8(a) Small Disadvantaged Business

(N8SDB):

Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering Period 5

Sample Subcontracting Plan

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Estimated total dollars to be subcontracted to 8(a) Small Disadvantaged Business

(8SDB):

Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering

Estimated total dollars to be subcontracted to Historically Underutilized Business Zone

(HUBZone):

Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering

Estimated total dollars to be subcontracted to Service-Disabled Veteran-Owned Small

Business (SDVOB):

Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering

Estimated total dollars to be subcontracted to Women-Owned Small Business (WOSB):

Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering

Estimated total dollars to be subcontracted to Large Business:

Period 1

Ordering Period 2

Ordering Period 3

Ordering Period 4

Ordering

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IF PROPOSED GOALS DO NOT MEET ICE’S MINIMUM ESTABLISHED GOALS, THE PLAN

MUST INCLUDE A DETAILED JUSTIFICATION, BY CATEGORY, AS TO WHY THE PLAN

PROPOSES LESS THAN THE MINIMUM GOALS REQUIRED BY ICE.

2.2. DESCRIPTION OF SUPPLIES AND SERVICES TO BE SUBCONTRACTED.

Provide a description of the principal types of supplies and services to be subcontracted under this contract, and an identification of the types planned for subcontracting to small (including ANCs and Indian tribes), non-8(a) Small Disadvantaged Business, 8(a) Small Disadvantaged Business, Historically Underutilized Business Zone (HUBZone), Service-Disabled Veteran- Owned Small Business, and Women-Owned Small Business.

TYPE OF BUSINESS (CHECK ALL THAT APPLY). YOU MUST IDENTIFY THE PRODUCTS/SERVICES TO BE

SUBCONTRACTED IN EACH CATEGORY. “ZERO” PERCENTAGES OR STATEMENTS SUCH AS “TO BE

DETERMINED” OR “N/A” ARE UNACCEPTABLE.

PLEASE LIST THE PRODUCTS/SERVICES TO BE SUBCONTRACTED – NO DOLLARS OR

PERCENTAGES

PRODUCT/

SERVICE

LARGE SMALL

(including ANCs and Indian tribes)

N8SDB 8SDB HUBZONE SDVOSB WOSB

2.3. A description of the method used to develop the subcontracting goals.

2.4. A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the

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Research, and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of CCR as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities).

NOTE: ICE expects contractors to advertise subcontracting opportunities at:

http://www.sba.gov/subnet. Contractors should also search the Vendor Information Pages (VIP) Database at the Vetbiz.gov web portal, http://www.vip.vetbiz.gov/default.asp, to ensure maximum practicable consideration in subcontracting with Service-Disabled Veteran-Owned Small Businesses.

2.5. A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with small business (including ANC and Indian tribes); non-8(a) small, disadvantaged business concerns; 8(a) small, disadvantaged business concerns; HUBZone small business concerns, service-disabled veteran-owned small business concerns; and women-owned small business concerns. [] Yes [] No

2.6 FAR 19.704(a)(7) 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.

3. SUBCONTRACTING PLAN ADMINISTRATION INFORMATION

SUBCONTRACTING PLAN ADMINISTRATOR

NAME:

TITLE:

ADDRESS:

CITY: STATE: ZIPCODE:

TELEPHONE: FAX NUMBER:

E-MAIL:

3.1. Duties: Does the individual named above perform the following? (If NO is checked, please indicate who in the company performs those duties, or indicate why the duties are not performed in your company).

A. Developing and promoting company/division policy statements that demonstrate the company's/division's support for awarding contracts and subcontracts to small, HUBZone http://www.sba.gov/subnet http://www.vip.vetbiz.gov/default.asp

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__________YES __________NO

B. Developing and maintaining bidders' lists of small, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns from all possible sources.

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

D. Assuring that small, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns 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, non-8(a) small disadvantaged; 8(a) small disadvantaged;

HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns.

F. Reviewing subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, and service-disabled veteran-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, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, 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.

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J. Directly or indirectly counseling small, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns on subcontracting opportunities and how to prepare responsive bids to the company.

K. Providing notice to subcontractors concerning penalties for misrepresentations of business status as small, non-8(a) small disadvantaged; 8(a) small disadvantaged;

HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns 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.

4. EQUITABLE OPPORTUNITY

4.1. FAR 19.704(a)(8) requires a description of the efforts your company will make to ensure that small, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns will have an equitable opportunity to compete for subcontracts. (Check all that apply.)

A. Outreach efforts to obtain sources:

Contacting minority and small business trade associations Contacting business development organizations Attending small and minority business procurement conferences and trade fairs Finding sources from the Small Business Administration's

Procurement Network (ProNet)

B. Internal efforts to guide and encourage purchasing personnel:

Presenting workshops, seminars, and training programs Establishing, maintaining, and using small, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business source lists, guides, and other data for soliciting subcontracts

Monitoring activities to evaluate compliance with the subcontracting plan

C. Additional efforts: (Please describe.)

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5. REPORTING AND COOPERATION:

5.1. Assurances that the offeror will include FAR clause 52.219-8 Utilization of Small Business Concerns (OCT 2018) in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $750,000 to adopt a subcontracting plan that complies with the requirements of this clause. The Individual Subcontracting Report (ISR) is the former SF-294 [] Yes [] No

5.2. Assurances that the offeror will—

(i) cooperate in any studies or surveys as may be required.

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan.

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract

Report (SSR), in accordance using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov following the instruction in the eSRS in accordance with FAR 52.219-9(d)(10) and 52.219-9(l).

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS.

(v) Provide its prime contract number, its DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans.

(vii) The cognizant contracting officer at DHS must receive the report(s) within 30 days after the close of each reporting period. [] Yes [] No

NOTE: When entering your subcontracting information, you must include the email address of the following individuals who will be reviewing the Subcontracting ISR 294 “Report for Individual Contracts” as well as SSR 295 “Summary Subcontracting Report”.

Reporting Agency: ICE OAQ/MS Tony.Ross@ice.dhs.gov

6. RECORDKEEPING

6.1. A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small http://www.esrs.gov/ mailto:Tony.Ross@ice.dhs.gov

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(i) Source lists (e.g., SAM, Vendor Information Pages (VIP) Database at the Vetbiz.gov web portal (www.vetbiz.gov), to ensure maximum practicable consideration of Service- Disabled Veteran-Owned Small Businesses), guides, and other data that identify small, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small, non-8(a) small disadvantaged; 8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating:

(A) Whether small business concerns were solicited and, if not, why not.

(B) Whether Non-8(a) small disadvantaged were solicited and, if not, why not.

(C) Whether 8(a) small, disadvantaged business concerns were solicited and, if not, why not.

(D) Whether HUBZone small business concerns were solicited and, if not, why not.

(E) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not.

(F) Whether women-owned small business concerns were solicited and, if not, why not; and

(G) If applicable, the reason award was not made to a small business concern.

(iv) Records of any outreach efforts to contact:

(A) Trade associations.

(B) Business development organizations.

(C) Conferences and trade fairs to locate small, non-8(a) small disadvantaged;

8(a) small disadvantaged; HUBZone small, service-disabled veteran-owned small, and women-owned small business sources; and

(D) Veterans service organizations.

(v) Records of internal guidance and encouragement provided to buyers through:

(A) Workshops, seminars, training, etc.

(B) Monitoring performance to evaluate compliance with the program’s requirements.

(vi) On a contract-by-contract basis, records to support award data submitted by the

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(vii) Contractors having commercial plans need not comply with this requirement.

6.2. In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(i) Assist small business, non-8(a) small, disadvantaged business; 8(a) small, disadvantaged business; HUBZone small business, service-disabled veteran-owned small business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, non-8(a) small, disadvantaged business; 8(a) small, disadvantaged business; HUBZone small business, service-disabled veteran-owned small business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(ii) Provide adequate and timely consideration of the potentialities of small business, non- 8(a) small, disadvantaged business; 8(a) small, disadvantaged business; HUBZone small business, service-disabled veteran-owned small business, and women-owned small business concerns in all “make-or-buy” decisions.

(iii) Counsel and discuss subcontracting opportunities with representatives of small business, non-8(a) small, disadvantaged business; 8(a) small, disadvantaged business;

HUBZone small business, service-disabled veteran-owned small business, and women-owned small business firms.

(iv) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the System for Award Management (SAM), database or by contacting SBA.

(v) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small business, non-8(a) small, disadvantaged business; 8(a) small, disadvantaged business; HUBZone small business, service-disabled veteran-owned small business, and women-owned small business concern 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.

7. TIMELY PAYMENTS TO SUBCONTRACTORS

7.1. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business, non-8(a) small, disadvantaged business; 8(a) small, disadvantaged business; HUBZone

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8. GOOD FAITH EFFORT

8.1. As stated in 15 U.S.C.637(d)(8), any contractor or subcontractor failing to comply in good faith with the requirements of the subcontracting plan is in material breach of its contract.

Further, 15 U.S.C.637(d)(4)(F) directs that a contractor’s failure to make a good faith effort to comply with the requirements of the subcontracting plan shall result in the imposition of liquidated damages.

9. SIGNATURES REQUIRED

PRIME CONTRACTOR: ________________________ DATE: _________

PRINT/TYPE NAME:

TITLE:

DATE:

EMAIL:

PLAN APPROVED BY: _________________________ DATE: _________

TYPE NAME:

TITLE:

EMAIL:

11. FOR COMMERCIAL PLANS ONLY:

Effective period of this subcontracting plan is:

______________________________________through__________________________ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20