Attachment 8a - Individual Model_Subk_Plan - JUN122 (1).docx.pdf

MODEL INDIVIDUAL SUBCONTRACTING PLAN

INSTRUCTIONAL REMINDERS

An individual subcontracting plan:

NOTE: The Model Individual Subcontracting Plan template is a tool contractors may choose to use when preparing their Individual subcontracting plans. The Model Individual Subcontracting plan:

REMINDER: WHEN SELECTING INDIVIDUAL SUBCONTRACTING

PLAN TYPE, UNDER A MULTIPLE AWARD ID/IQ CONTRACT USED BY

MORE THAN ONE AGENCY, CONTRACTORS ARE REQUIRED TO

REPORT SMALL BUSINESS SUBCONTRACTING FOR EACH

FUNDING- AGENCY- ISSUED ORDER IN THE GOVERNMENT-WIDE

ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (ESRS)

AFTER AWARD.

Use the Individual Subcontracting Plan Template:

Before preparing the subcontracting plan:

Applies to a specific federal agency (GSA) single contract●

Covers the entire contract period, including all options whether exercised or not● Contains goals that are based on the offeror’s planned subcontracting (and purchasing) in support of the specific contract

Indirect costs incurred for common or joint purposes may be included in the plan, allocated on a prorated basis to the contract. If included in the plan, indirect costs must be included in the reports after award.

For contracts with option periods, the individual plan will include:● separate goals for the base periodo separate goals for each option periodo a sum total of all periods for the entire contract termo

Is NOT a fill-in-the-blank form● Does not replace the FAR requirements listed in clause 52.219-9● Reflects objectives GSA encourages contractors to adopt●

For a new contract award whose total value, including options, exceeds $750,000 ($1.5 million for construction)

For existing contracts when either a contract modification causes the value of the contract to exceed the threshold required for a subcontracting plan, or as a result of size changes due to re-representation (FAR 52.219-28). When a subcontracting plan is required, the plan shall cover the remaining periods of the contract.

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Review the FAR requirements set forth in the FAR subpart 19.7, The Small Business Subcontracting Program, particularly:

FAR 19.704, Subcontracting Plan Requirementso

FAR clause 52.219-8, Utilization of Small Business Concernso

FAR clause 52.219-9, Small Business Subcontracting Plan o

FAR clause 52.219-16, Liquidated damageso

Understand the statutory requirements in FAR 19.702: ●

Any contractor receiving a contract for more than the simplified acquisition threshold must agree in the contract that SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns will have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance.

o

Timely pay amounts due pursuant to the terms of their subcontracts with SBs, VOSBs, SDVOSBs, HUBZone, SDBs (including ANCs and Indian tribes), and WOSB concerns.

o

Each contract modification that causes the value of a contract without a subcontracting plan to exceed $750,000 ($1.5 million for construction), shall require the Contractor to submit a subcontracting plan for the contract, if the Contracting Officer determines that subcontracting opportunities exist.

o

Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of the contract.

o

Recognize that the negotiated subcontracting plan will become a material part of the contract upon award subject to monitoring by the federal government after award. “Material” means it is just as important as the specifications, delivery schedule and price of the prime contract and is subject to the assessment of liquidated damages for failing to make a “good faith effort.”

Monitoring will be done by examining subcontracting plan reports. Small business subcontracting performance will be considered by the government as part of the annual performance evaluations.

Understand the reporting requirements after award (FAR 52.219-9(l)).

Submit required reports in the government-wide Electronic Subcontract Reporting System (eSRS):

Individual plans require three reports each year:o

Individual Subcontract Reports (ISRs), including task order level reporting for IDIQ contracts whose intended purpose is to be used

Note: for more information, check out the SBA website where you can find the subcontracting regulations, compliance reviews and points of contact: SBA Prime-Subcontracting

How to increase small business participation?

by all federal agencies Summary Subcontract Report (SSR) due no later than October 30 each year

Final ISR due 30 days after contract completion●

Market research – Market research – Market research!●

Resources to find small businesses:● SBA Commercial Marketing Representative: SBA CMRso

Procurement Technical Assistance Centers: PTAC websiteo

Trade and professional organizations and conferenceso

Department of Commerce Minority Business Development Agencies: MBDA website o

State, county, city minority business officeso

Small, minority, women-owned, veteran business organizationso

Local chambers of commerce: Chambers of Commerce websiteo

Department of Veterans Affairs (VOSBs and SDVOSBs)o

Dynamic Small Business Search: DSBS websiteo

See if current suppliers meet the size status for the NAICS code that best describes the subcontract and the socio-economic definitions in FAR part 2

Break out elements of large contracts into smaller contracts suitable for small business participation

Required under FAR 52.219-9(e):●

Arrange solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by SBs, SDBs, WOSBs, VOSBs, SDVOSBs and HUBZones o

Where the Contractor’s lists of potential SBs, SDBs, WOSBs, VOSBs, SDVOSBs, and HUBZone 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 o

Adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.

o

Counsel and discuss subcontracting opportunities with representatives of SBs, SDBs, VOSBs, SDVOSBs, WOSBs and HUBZone small businesses o

Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business o

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How do I develop subcontracting goals?

Note: The GSA subcontracting goals listed below are the agency’s goals and are provided for your information only, subject to change. The following tips are offered to assist you with calculating the subcontracting plan goals to be listed in the individual subcontracting plan:

concern in accordance with 52.219-8(d)(2) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone 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.

o

For all competitive subcontracts over the simplified acquisition threshold, as defined in FAR 2.101 on the date of subcontract award, in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concern.

o

Assign each subcontract the NAICS code and corresponding size standard that best describes the principal purpose of the subcontract.

o

Decide what your company can provide internally, then determine what is left to outsource

Estimate total subcontracting dollars (“outsourcing”, “purchases” or “spend”) planned to both small and “other than small” business (OTSB) concerns for each period of the contract (base period and each option period):

Separately identify the dollars that will be subcontracted to both large/OTSB and to small businesses, which when added together make up the total dollars subcontracted to all concerns and 100%.

For the small businesses, identify if your supplier also meets one of the small business socio-economic categories (small disadvantaged business (SDB);

women-owned small business (WOSB); veteran-owned small business (VOSB);

service-disabled veteran-owned small business (SDVOSB) and Historically Underutilized Business Zone small business (HUBZone). Note: small businesses can meet more than one socio-economic category.

Apply the subcontracted dollars towards all small business socio-economic ●

Note: This is not double/triple counting, but ensures credit is given to all socioeconomic categories represented by the small business

* Caution: Only the OTSB total plus the small business total should equal the total dollars to be subcontracted in both dollars and percent. See calculation “notes” within Section III of this template for further assistance.

Do NOT add together the small business socioeconomic subcategories to reach the total small business figure, as the same dollars should already be included in the total for small business.

Planned Subcontracting by Business Size Sample Dollars

GSA

Goals categories applicable to your suppliers. For example, a $30,000 subcontract awarded to a woman-owned, HUBZone, service-disabled veteran owned small business:

apply $30,000 against WOSBo apply $30,000 against HUBZoneo apply $30,000 against SDVOSBo apply $30,000 against VOSB (since a SDVOSB is a VOSB)o apply $30,000 against small business since WOSB, HUBZone and SDVOSB are socioeconomic small business subcategories.

o

The small business dollar amount must include all small business socioeconomic subcategories; i.e., VOSB, SDVOSB, HUBZone, SDB, WOSB, (plus any "other small" businesses that do not fall within one of these specified subgroups). Note:

include Alaskan Native Corporations (ANCs) and Indian tribes are included in both the SDB and total small business amounts.

Once the dollars have been assigned to each socioeconomic category, calculate the percentage for each category separately against the “Total dollars to be subcontracted.” Percent goals for each of these small business socio-economic categories must be expressed as a percentage of the TOTAL subcontracting dollars to all concerns (both OTSB and small)

(FY21)

Total Subcontracted Dollars $1,000,000 100%

Other than Small Business (OTSB/Large) $800,000 80%

All Small (includes Veteran-Owned Small, Service-Disabled Veteran-Owned Small, HUBZone small, Small Disadvantaged Business, Women-Owned Small, and other small business concerns, i.e. ANCs, etc.

$200,000 20%

The Total dollars to be subcontracted will be used as the denominator in calculating the percentages for each socio-economic category.

Identify subcontracts awarded to the small business socio-economic subcategories and calculate the percentages using the total subcontract dollars as the denominator:

Planned Subcontracting by Business Size Sample Dollars GSA Goal (FY 2020)

Veteran-Owned Small Business $30,000 3%

Service-Disabled Veteran-Owned Small Business

$30,000 3%

HubZone Small Business $30,000 3%

Small Disadvantaged Business $50,000 5%

Women-Owned Small Business $50,000 5%

REMINDER: in calculating the goals for each period of performance remember that each period of the contract can be more than one year in duration. GSA examples include:

Leases whose firm term is often 10 years in duration● Multiple Award Schedule contracts whose base period and each option period is five years in duration

Government-wide Acquisition Contracts, such as OASIS or Alliant2, often have 5 year base periods and 5 year option

Who reviews subcontracting plans? FAR subpart 19.7 indicates the responsibility for subcontracting plans before contract award, upon award and after award falls on the contracting officer. Before award, the CO must:

How does a contracting officer review a subcontracting plan?

If any of the proposed goals are less than the statutory goals, provide an explanation. “Tell the small business story”.

Prepare the individual subcontracting plan:

Negotiate an acceptable plan with the contractor● Consider recommendations by the agency small business advisor as well as the Small Business Administration Procurement Center Representative. These are the technical experts when it comes to small business.

Consider the contractor’s past performance in meeting small business subcontracting goals on past or similar contracts as a part of determining if the offeror is responsible.

Do the goals proposed demonstrate “maximum practicable opportunity for SBs, SDBs, WOSBs, VOSBs, SDVOSBs and HUBZone to participate in the performance of the contract” as required by statute?

Does the narrative support the goals proposed? Think of the small business goals as the thesis statement and ensure the rest of the plan supports how the goals will be achieved throughout the life of the contract.

Is the plan complete? Are all requirements for a plan as listed in FAR clause 52.219-9 addressed? The Model Plan lists all of the requirements.

Like any goal, do the goals proposed build on past achievement? ● Does the plan demonstrate how your company will keep its market research fresh to find qualified SBs, SDBs, WOSBs, VOSBs, SDVOSBs and HUBZone?

How do the estimated goal percentages compare with the goals listed in the Small Business Act:

23% SBo

5% SDBo

5% WOSBo

3% SDVOSBo

3% HUBZoneo

Are there any “0” proposed? Provide an explanation as zero for a goal does not make sense. Can you find some dollars to give to the small business entity, maybe allocated from the indirect cost pool?

Determine what will be subcontracted (supplies and services) throughout the life of the contract and the estimated costs of the subcontracts.

Identify the size and socio-economic categories of your suppliers, especially SBs, SDBs, WOSBs, VOSBs, SDVOSBs and HUBZone small businesses. Best practice: if the size status of a supplier is unknown, check with the supplier to see if they can be considered small for the NAICS applying to the subcontract. If small, do they also meet the definition of one or more of the socio-economic categories: SDB, WOSB, VOSB, SDVOSB or HUBZone?

Market research – Market research – Market Research! Find new SB, SDB, WOSB, VOSB, SDVOSB and HUBZone suppliers who can meet the needs of the contract. If this is a follow-on or similar contract, does market research reveal greater opportunities for all types of small business than found in the past?

Check the Dynamic Small Business Search: DSBS Website

Calculate small business subcontracting goals, ensuring estimated dollars are applied against all socio-economic categories represented by the small business (e.g. apply the same amount of dollars across multiple designations). Goals must reflect good faith efforts and realistic stretch goals. Once the determination is made on what will be subcontracted, adapt the Model Plan to fit your subcontracting situation. Ensure the subcontracting plan reflects best faith efforts and realistic stretch goals. Put thought into maximum practicable opportunities that might be possible and achievable for all socio-economic categories as well as small business throughout the life of the contract.

Complete the tables for each period of the contract, taking into consideration the time covered by the base period and each option (1 year? 5 years? 10 years?).

Include a summary table, adding all periods of performance (base + options) together.

Ensure the narrative of the subcontracting plan supports the proposed goals:●

For example, does the description of what will be subcontracted match the goals proposed?

o

Does supporting information from similar contracts, or past contracts support the proposed goals?

o

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REPORTING INSTRUCTIONS FREQUENTLY ASKED QUESTIONS

FOR CONTRACTORS

Why are subcontracting reports important?

Negotiated subcontracting plans become a material part of the contract. The reports monitor the progress against the plan. Failure to submit the reports as required under FAR 52.219-9 may negatively affect contractor performance evaluations or may indicate a lack of good faith effort to maximize practicable subcontracting opportunities for SBs, SDBs, WOSBs, VOSB, SDVOSBs and HUBZone small businesses as required by law.

What should I know before submitting a report?

What reports are required for an individual subcontracting plan?

There are two types of reports required for individual subcontracting plans:

Understand the small business subcontracting program requirements in FAR subpart 19.7. Pay attention to the reporting requirements listed in FAR 52.219- 9(l) and any supplemental instructions the CO may have included in the contract

Review the subcontracting plan ● Understand the differences in the reports required for the type of subcontracting plan in the contract

Follow the directions on the eSRS home page such as “Quick Reference Guides” and the Sample-Step-by-Step, such as

Do not include in the reports purchases from a corporation, company, or subdivision that is an affiliate of the Contractor or subcontractor.

Subcontract awards by the affiliates shall be treated as subcontract awards by the Contractor o

Subcontract award data reported by the Contractor and subcontractors shall be limited to awards made to their immediate next-tier subcontractors. Credit cannot be taken for awards made to lower tier subcontractors, unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from an ANC or Indian tribe.

o

Only include subcontracts involving performance in the United States or its outlying areas in these reports o

Select either the Federal Acquisition Service (FAS) or the Public Building Service (PBS) as the “agency” when completing the reports:

If awarded a contract by GSA’s PBS, select PBS as the “agency to which the report is being submitted” (code 4740) in eSRS.

o

For contracts awarded by GSA’s Federal Acquisition Service, select “FAS” as the “agency to which the report is being submitted (code 4732) in eSRS.

o

For Task order level reporting for IDIQ contracts used by more than one federal agency, follow the instructions on the eSRS home page, such as the FAQs and the Sample ISR Step-by-Step.

I am unable to submit my first ISR in eSRS. What do I do?

Notify the contracting officer. It is probably due to a coding issue in the Federal Procurement Data System (FPDS) when the contract was awarded or when the modification was issued as a result of re-representation (FAR 52.219-28). FPDS must indicate that a subcontracting plan is required. This is an important step as FPDS feeds the eSRS system. Once the FPDS data is corrected, you will be able to submit the ISRs in eSRS.

I am having difficulty in meeting the goals established in the contract’s

Individual Subcontracting Report (ISR) is contract specific. 1.

Data presented in the ISRs are cumulative over the life of the contract1.

When a subcontracting plan contains separate goals for the basic contract and each option, the dollar goal inserted on the ISR shall be the sum of the base period through the current option. For example, for a report submitted after the second option is exercised, the dollar goal would be the sum of the goals for the basic contract, the first option, and the second option.

2.

If a subcontracting plan has been added to the contract pursuant to 19.702(a)(3) or 19.301-2(e), the Contractors achievements must be reported in the ISR on a cumulative basis from the date of incorporation of the subcontracting plan into the contract.

3.

Includes indirect costs in the report if the goals of the individual subcontracting plan included indirect costs.

4.

Three ISRs are due within 30 days of the end of each reporting period:5.

ISR for the period ending March 311.

ISR for the period ending September 302.

Final ISR for the contract within 30 days of contract completion3.

Individual Plan Summary Subcontracting Report (SSR) is agency-specific:0.

Encompasses all subcontracting under prime contracts and subcontracts the contractor has with an executive agency (GSA), regardless of the dollar value of the subcontracts.

0.

If the Contractor or a subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency’s contracts, provided at least one of that agency’s contracts is over $750,000 (over $1,500,000 for construction of a public facility) and contains a subcontracting plan.

a.

Includes indirect costs appropriately allocated.b.

subcontracting plan. What should I do?

A number of actions can be taken:

SBA Commercial Marketing Representative: SBA CMRs Procurement Technical Assistance Centers: PTAC website Trade and professional organizations and conferences Department of Commerce Minority Business Development Agencies:

MBDA website State, county, city minority business offices Small, minority, women-owned, veteran business organizations Local chambers of commerce: Chambers of Commerce website Department of Veterans Affairs (VOSBs and SDVOSBs) Dynamic Small Business Search: DSBS website

Note: Please remove these instructional pages and any instructional language (in blue) before submitting to the contracting officer for review and approval.

Read the plan. Did you do what you said you were going to do in the plan to find qualified SBs, SDBs, WOSBs, VOSBs, SDVOSBs and HUBZones?

1.

Did a key small business supplier grow into “other than small”? Explain any “0” or shortfalls in the “Remarks” section of the report. Be sure to identify what corrective action you will take to get back on tract. “Tell the story” in the report.

2.

Did you post your company’s subcontracting opportunities on the SBA SubNet database?

3.

Does your website make it easy for small businesses to find you and your company’s opportunities?

4.

How do you keep market research fresh? Check out the following resources recommended in GSA’s Model Subcontracting Plan Instructions:

5.

Do current suppliers meet the size status for the NAICS code that best describes the subcontract and the socio-economic definitions in FAR part 2

1.

Are you able to break out elements of large acquisitions into smaller contracts suitable for small business participation?

2.

Did you follow the required actions listed in FAR 52.219-9(e)?3.

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Individual Subcontracting Plan Template [WGL Energy Services]

SMALL BUSINESS SUBCONTRACTING PLAN

Address: _8614 Westwood Center Drive, Ste 1200 Vienna, VA 22182___________________________________________________________

Date Prepared: _____________________ Description of Types of Supplies/Services: _Electric Supply__________________________________________________________

Solicitation Number: 47PA0422R0003 Contract Number: _TBD________________

Individual Plan Period(s):

Base: 2022 - 2025

Estimated Contract Value: $145,000,000.00 Base: $77,970,798.00

Include sum Total value of the contract of all periods for the entire contract term. For MAS list the total sales expected: $___N/A____________

Place of Performance: _NY State______________________

Unique Entity Identifier (DUNS) Number:

XYMTKCCKBQD7_____________________

II. GOALS:

WGL Energy Services provides the following separate dollar and percentage goals, which are a percentage of the total subcontracting dollars for each business category plus a percentage of total contract value:

Table 1. Base Period Goals

Planned Subcontracting by Business Size

Whole Dollars Percent of Subcontracted Dollars

Percent of Contract Dollars

Total Dollars to be Subcontracted

$77,970,798.00 100%

IDENTIFICATION DATA:I.

Other than Small Business (OTSB/Large)

$77,970,798.00 100%

All Small Businesses (including ANC and Indian tribes)

Veteran-Owned Small Business

(VOSB)

Service-Disabled Veteran-Owned Small Business

(SDVOSB)

HUBZone Small Business

Small Disadvantaged Business (SDB) (to include ANCs and Indian tribes)

Women-Owned Small Business

(WOSB)

Table 6. Total Goals/Sum

Planned Subcontracting by Business Size

Whole Dollars Percent of Subcontracted Dollars

Percent of Contract Dollars

Total Dollars to be Subcontracted

$77,970,798.00 100%

Other than Small Business (OTSB/Large)

$77,970,798.00 100%

All Small Businesses (including ANC and Indian tribes)

Veteran-Owned Small Business

(VOSB)

Service-Disabled Veteran-Owned Small Business

(SDVOSB)

HUBZone Small Business

Small Disadvantaged Business (SDB) (to include ANCs and Indian tribes)

Women-Owned Small Business

(WOSB)

III. PRINCIPAL TYPES OF SUPPLIES AND SERVICES TO BE SUBCONTRACTED:

The principal types of supplies and/or services that WGL Energy Services anticipates to be subcontracted (outsourced) and the identification of the type of supply or service offered to each business concern are as follows.

Supplies/Services Large Small VOSB SDVOSB HUBZone SDB WOSB Wholesale Electric Supply

NAICS 221112

X

ATTACH ADDITIONAL SHEETS IF NECESSARY

Explain in the narrative of this section any low goals and the actions planned in order to support your plan. Otherwise, the CO, GSA Office of Small and Disadvantaged Business Utilization or the SBA may deem your plan unacceptable preventing contract award.

NOTE: “zero” is not considered a “positive” goal which the FAR requires. Having a goal will provide the incentive for your company to make a “good faith effort” in fostering opportunities for Small business,SDB, WOSB, VOSB, SDVOSB and HUBZone SB. After award, the contracting officer assesses whether you have made a “good faith effort” to implement the subcontracting plan.

IV. DESCRIPTION OF METHOD USED TO DEVELOP SUBCONTRACTING GOALS:

WGL Energy Services used the following method to develop the subcontracting goals:

WGL Energy Services, Inc., does not anticipate any subcontracting opportunities for small businesses in support of the solicitation. PJM and wholesale power market collateral requirements severely limit ability of WGL Energy Services to subcontract with small businesses.

V. DESCRIPTION OF METHOD USED TO IDENTIFY POTENTIAL SOURCES:

WGL Energy Services identifies potential subcontractors using the following source lists and organizations (please list your sources used):

WGL Energy Services, Inc., does not anticipate any subcontracting opportunities for small businesses in support of the solicitation. PJM and wholesale power market collateral requirements severely limit ability of WGL Energy Services to subcontract with small businesses.

VI. INCLUSION OF INDIRECT COSTS IN ESTABLISHING GOALS:

Indirect costs _____HAVE BEEN (or) __X___HAVE NOT BEEN included in the dollar and percentage subcontracting goals stated above.

VII. PROGRAM ADMINISTRATOR: .

Name: Christopher Leveriza

Title/Position: Manager, Electricity Operations & Pricing

Telephone number: 703-287-9538

Email Address: christopher.leveriza@wglenergy.com

Alternate POC with contact information: Kevin Anderson, kevin.anderson@wglenergy.com

Duties:

1. Assist SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns by arranging solicitations, sufficient 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 SB, VOSB, SDVOSB, HUBZone, SDB and WOSB 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.

2. Provide adequate and timely consideration of the potentialities of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns in all “make-or-buy” decisions.

3. Counsel and discuss subcontracting opportunities with representatives of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB firms.

4. Confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern in accordance with 52-219-8(d)(2).

5. Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as SB, VOSB, SDVOSB, HUBZone, SDB and WOSB 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.

6. For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, prior to award of the subcontract the contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror and if the successful subcontract offeror is a SB, VOSB, SDVOSB, HUBzone SB, SDB, or WOSB concern.

7. Assign each subcontract the NAICS code and corresponding size standard that best describes the principle purpose of the subcontract.

Other ways the Plan Administrator will ensure the company meets the goals of the plan demonstrating “good faith effort”

____Ensure periodic rotation of potential subcontractors on bidders’ lists.

____Ensure that SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns are included on the bidders’ list for every subcontract solicitation for products and services they are capable of providing.

____Ensure that subcontract procurement “packages” are designed to permit the maximum possible participation of SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns.

____Review subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns.

____Ensure that the subcontract bid proposal review board documents its reasons for not selecting any low bids submitted by SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns.

____Oversee the establishment and maintenance of contract and subcontract award records.

____Attend or arrange for the attendance of company counselors at Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, etc.

____Directly or indirectly counsel SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns on subcontracting opportunities and how to prepare bids to the company.

____Conduct or arrange training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act on purchasing procedures ____Develop and maintain an incentive program for buyers that support the subcontracting program.

____Monitor the company’s performance and make any adjustments necessary to achieve the subcontract plan goals.

____Coordinate the company’s activities during compliance reviews by Federal agencies ____Promote opportunities for small businesses on the company’s website

____Additional Duties:

VIII. EQUITABLE OPPORTUNITY:

WGL Energy Services will make every effort to ensure that all small business concerns have an equitable opportunity to compete for subcontracts. These efforts may include one or more of the following activities:

Outreach efforts to obtain sources:

___ Contacting minority and small business trade associations

___ Contact business development organizations

___ Requesting sources from the SBA’s Dynamic Small Business Search (Link to Dynamic Small Business Search) and/or the SAM.gov database

___ Attend small and minority business trade fairs and procurement conferences

Internal efforts to guide and encourage purchasing personnel:

___ Present workshops, seminars and training programs

___ Establishing, maintaining and using small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, and service-disabled veteran-owned small business source lists, guides, and other data for soliciting subcontracts

___ Monitoring activities to evaluate compliance with the subcontracting plan

Other efforts: (Please describe below.)

IX. ASSURANCES OF CLAUSE INCLUSION AND FLOW DOWN:

WGL Energy Services agrees to include the FAR Clause 52.219-8, “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and will require all subcontractors (except small business concerns) that receive

Page http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm subcontracts in excess of $750,000 ($1,500,000 for construction of any public facility) to adopt a subcontracting plan that complies with the requirements of the clause at 52.219-9, Small Business Subcontracting Plan.

X. ASSIGNMENT OF SIZE STANDARDS TO SUBCONTRACTS

WGL Energy Services agrees to assign North American Industry Classification System (NAICS) codes to subcontracts and further agrees to provide the socio-economic status of the successful subcontractor in the notification to the unsuccessful offerors for the subcontracts in accordance with FAR 52.219-9.

XI. REPORTING AND COOPERATION:

WGL Energy Services agrees to:

For individual plans there are 2 kinds of subcontracting reports:

Three reports are required each year:

Calendar Period Report Due Due by with email address for:

10/01--03/31 ISR 04/30 Contracting Officer 04/01--09/30 ISR 10/30 Contracting Officer 10/01--09/30 SSR 10/30 Contracting Officer

Cooperate in any studies or surveys as may be required• Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan

Report subcontracting data for each order when reporting subcontracting achievements under orders placed by federal agencies using multiple agency task/delivery order contracts, such as MAS, GWACs, OASIS

Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), on time in accordance with paragraph (l) of FAR clause 52.219-9, using the Electronic Subcontracting Reporting System (eSRS) at Link to eSRS following the instructions in eSRS.

Individual Subcontract Reports (ISRs) – cumulative, contract-specific reports● Summary Subcontract Reports (SSRs) – annual agency-specific report●

Submit a revised report within 30 days of receiving notice of rejection by the contracting officer

Ensure that subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS:

Provide prime contract number, the prime’s UEI (DUNS) number, and the e-mail address of the Offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs.

(A)

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The Final ISR is due within 30 days of contract completion.

XIII. RECORDKEEPING:

WGL Energy Services will maintain records concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of efforts to locate SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

(A) Small businesses

(B) Veteran-owned small businesses

(C) Service-disabled veteran-owned small businesses

(D) HUBZone small businesses

(E) Small disadvantaged businesses

(F) Women-owned small businesses

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

(A) Trade associations

(B) Business development organizations

(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, service-disabled veteran-owned, and women-owned small

Require that each subcontractor with a subcontracting plan provide the prime contract number, its own UEI (DUNS) number, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of, or rejecting the ISRs, to its subcontractors with subcontracting plans.

(B)

Reports are to be submitted within 30 days after the close of each calendar period.

(C)

Source lists (e.g., SAM), guides, and other data that identify SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns.

Organizations contacted in an attempt to locate sources that are SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), or WOSB concerns.

Records on each subcontract solicitation resulting in an award of more than the simplified acquisition threshold, as defined in FAR 2.101, as of the date of the subcontract award, indicating whether or not the following business concerns were solicited, and if not, why not:

Records of any outreach efforts to contact:● business sources

(D) Veterans service organizations

(A) Workshops, seminars, training, etc.

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

XIV. ADDITIONAL ASSURANCES:

XV. COMMITMENT TO MAKE A “GOOD FAITH EFFORT”

Records of internal guidance and encouragement provided to buyers through●

On a contract-by-contract basis, records to support award data submitted by the Offeror to the Government, including the name, address, and business size of each subcontractor.

Other records supporting compliance with the subcontracting plan: (Please describe below.)

WGL Energy Services will make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal.

WGL Energy Services will provide the Contracting Officer with a written explanation if the Contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (d)(12) of FAR clause 52.219-9. This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

WGL Energy Services will not prohibit a subcontractor from discussing with the Contracting Officer any material matter pertaining to the payment to or utilization of a subcontractor; and

WGL Energy Services assures that the offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the subcontract, and notify the contracting officer if WGL Energy Services pays a reduced or an untimely payment to a small business subcontractor (see FAR clause 52.242-5).

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WGL Energy Services shall make a good faith effort to achieve the small business goals described in this subcontracting plan by taking the efforts listed below in addition to the efforts listed under Section IV, Section VIII and Section IX described in this plan: [List additional efforts].

XVI. STATUTORY REQUIREMENTS (FAR 19.702)

The above requirements will be negotiated with the Contracting Officer in the time specified. The plan must be approved prior to contract award, option exercise, or renewal. The Contracting Officer must ensure per FAR 19.705-5(a)(5) that an acceptable plan is incorporated into and made a material part of the contract.

Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract.

As stated in 15 U.S.C. 637(d)(8) as implemented under FAR 52.219-16, Liquidated damages, any contractor or subcontractor failing to comply in good faith with the requirements an approved subcontracting plan required by the clause of the contract “Utilization of Small Business Concerns” shall be a material breach of the contract and may be considered in any past performance evaluation of the Contractor.

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.

XVII. SIGNATURE REQUIRED: Plan must be signed and dated by a company official.

This subcontracting plan was SUBMITTED by:

Signature: ________________________________________________________

Typed Name: ______________________________________________________

Company Title: _____________________________________________________

Date Signed: ______________________________________________________

Government Contracting Officer APPROVAL:

Signature: ________________________________________________________

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Printed Name: _____________________________________________________

Agency: __________________________________________________________

Date Signed: ______________________________________________________