Attachment J-4 Subcontracting Plan Template.docx

ATTACHMENT J-4

SUBCONTRACTING PLAN TEMPLATE

Last update: February 2017 The Federal Acquisition Regulation (FAR) Subpart 19.7, the Small Business Subcontracting Program, requires large business concerns (also known as other-than-small business concerns), who are apparently the successful offerors, to submit an acceptable subcontracting plan that identifies the total planned dollars and percentage of the acquisition to be subcontracted to small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business, concerns. This subcontracting plan outline is offered as guidance for developing a subcontracting plan that complies with Public Law 95-507 and FAR Subpart 19.7.

FAR 19.705-4(c) states that goals are to be set at a level that the parties reasonably expect can result from good faith efforts (attainable). It also states that goals are not to be unreasonably low (i.e. goals must be reasonable). Goals must be reasonable and attainable.

If assistance is needed to locate small business sources, contact the NOAA Small Business Office at (301) 628-1411.

Offeror/Contractor Identification Data Company Name:

Dunn & Bradstreet #:

Address:

Solicitation #: Date Prepared:

Item/Service:

Place of Performance:

1. TYPE OF PLAN (Check only one)

2. ACQUISITION COST

Total dollar value of the acquisition: $__________________

3. GOALS

FAR 19.704(a)(1) and (2) requires separate dollar and percentage goals for using small business concerns, small disadvantaged, women-owned small, HUBZone small business concerns, veteran-owned, and service disabled veteran-owned small business concerns, as subcontractors. PLEASE NOTE: Zero goals in any category will be heavily scrutinized for potential additional opportunities.

Base Period $___________________ _______________________%

H. Estimated value of planned subcontracting to with other than small business concerns is:

Table A Business Size or Category Subcontracted Product/Service

CLIN

(Contract Line Item Number)

OTHER

SMALL

SDB

WOSB

HUBZONE

VOSB

SDVOSB

J. Provide a description of the method used to develop the subcontracting goals for SB, SDB, WOSB, HUBZone and SDVOSB concerns. Address efforts made to ensure that maximum practicable subcontracting opportunities have been made available for those concerns and explain the method used to identify potential sources for solicitation purposes. Explain the method and state the quantitative basis (in dollars) used to establish the percentage goals. Also, explain how the areas to be subcontracted to SB, SDB, WOSB, HUBZone, VOSB and SDVOSB concerns were determined, how the capabilities of these concerns were considered contract opportunities and how such data comports with the price proposal. Identify any source lists or other resources used in the determination process. (Attach additional sheets, if necessary.)

K. Indirect and overhead costs ______ HAVE BEEN ______ HAVE NOT BEEN included in the dollar and percentage subcontracting goals stated above. (Check one.)

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

4. PROGRAM ADMINISTRATOR

FAR 19.704(a)(7) requires information about the company employee who will administer the subcontracting program. Please provide the name, title, address, telephone number, position within the corporate structure and the duties of that employee.

Name: _________________________________________________________ Title: __________________________________________________________ Address: ________________________________________________________ Telephone: _______________________________________________________ E-Mail: _______________________________________________________ Duties: Does the individual named above have general overall responsibility for the company’s subcontracting program, i.e., developing, preparing, and executing subcontracting plans and monitoring performance relative to the requirements of those subcontracting plans and perform the following duties? (If NO is checked, please provide who in the company performs those duties, or indicate why the duties are not performed in your company on a separate sheet of paper and submit with the proposed subcontracting plan.)

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, women-owned small, HUBZone small, veteran-owned, and service- disabled veteran-owned small business concerns; and for assuring that these concerns are included on the source lists for solicitations for products and services they are capable of providing.

YES NO

B. Developing and maintaining bidders’ list of small, small disadvantaged, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-owned small business concerns from all possible sources.

__________YES __________NO

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

_________YES __________NO

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

___________YES __________NO

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

___________YES __________NO

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

___________YES __________NO

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

K. Providing notice to subcontractors concerning penalties for misrepresentations of business status as small, small disadvantaged, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-owned small businesses 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.

____________YES ___________NO

L. Conducting or arranging training for purchasing personnel regarding the intent and impact of Public Law 95-907 on purchasing procedures.

____________YES ___________NO

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

__________YES ___________NO

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

_________YES ___________NO

O. Preparing and submitting timely reports.

_________YES __________NO

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

_________YES _________NO

Q. Accessing various sources for the identification of SB, SDB, WOSB, HUBZone, VOSB and SDVOSB concerns to include the System for Award Management (www.sam.gov) local small business and minority associations, local chambers of commerce and Federal agencies’ Small Business Offices.

________YES _________NO

R. Other duties:

5. EQUITABLE OPPORTUNITY

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

a. Outreach efforts to obtain sources:

b. Internal efforts to guide and encourage purchasing personnel:

veteran-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)

6. CLAUSE INCLUSION AND FLOW DOWN

FAR 19.704 (a)(9) requires that your company include FAR 52.219-8, “Utilization of 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 $700,000 ($1,500,000 for construction) to create a plan in compliance with FAR 52.219-9, “Small Business Subcontracting Plan.” Note: In accordance with FAR 52.212-5(e) and 52.244-6(c) the contractor is not required to include flow-down clause FAR 52.219.-9 if it is subcontracting commercial items.

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, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-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, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-owned small business subcontractors and prior experience. Once the plans are negotiated, approved, and implemented, the plans must be monitored through the submission of individual and summary subcontracting reports via the federal government’s web-based Electronic Subcontracting Reporting System http://www.esrs.gov.

7. REPORTING AND COOPERATION

FAR 19.704 (a) (10) requires that your company:

(1) Cooperates in any studies or surveys as may be required;

(2) Submits periodic reports which show compliance with the subcontracting plan;

(3) After November 30, 2017, includes subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts intended for use by multiple agencies;

(4) Submits the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs.gov), following the instructions in the eSRS;

(5) Ensures that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS;

(6) Provides its prime contract number and 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

(7) Requires that each subcontractor with a subcontracting plan provide the prime contract number and 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.

8. RECORD KEEPING

FAR 19.704 (a) (11) requires a description 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.

a. Small, small disadvantaged, women-owned small, HUBZone small, veteran-owned, and service-disabled veteran-owned small business concerns source lists, guides, and other data identifying such vendors.

YES NO

b. Description of the efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and to award subcontracts to them: (Please describe)

9. ASSURANCES

A. The company assures that it 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 we 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. Responding to the request for quote does not constitute use in preparing a bid or proposal. The company used a small business concern in preparing the bid or proposal if –

a. The offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the contract; or

b. The offeror used the small business concern’s pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the offeror is awarded the contract.

YES NO

B. The company 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 (a)(12) of this section. This written explanation will be submitted to the contracting officer within 30 days of contract completion.

YES NO

C. The company will not prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to payment to or utilization of a subcontractor.

YES NO

D. The company 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 the offeror pays a reduced or an untimely payment to a small business subcontractor (see 52.242-5).

YES NO

10. REQUIRED SIGNATURES

This subcontracting plan was submitted by:

Signature: Typed Name: Title: Date:

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