Attachment 16_Small Business Subcontracting Plan.docx

SMALL BUSINESS SUBCONTRACTING PLAN

Required for submittal by ALL Large Business Offerors.

The following outline meets the minimum requirements of Public Law 95-507 and Federal Acquisition Regulation (FAR) Subpart 19.7. This outline is intended to be a guideline and is not intended to replace any existing corporate plan which may be more extensive. The Offeror's proposed, negotiated, and accepted plan will replace this outline in the award document.

Company Name

Address

Date Prepared

Solicitation No.

Item/Service Description

1. Type of Plan

(1) This outline is for an Individual Contract Plan. An 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 that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. Individual Plans must separately address subcontracting with small business, veteran- owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(2) "Subcontract" means any agreement (other than one involving an employer- employee relationship) entered into by a Government prime contractor or subcontractor calling for supplies and/or services required for performance of the contract, contract modification, or subcontract. To represent itself as a small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, or woman-owned small business concern, a concern must meet the appropriate definition (see FAR 2.101 and FAR 19.001). A contractor acting in good faith may rely on the written representation of its subcontractor regarding the subcontractor's size status. The clause at 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, requires the contractor to obtain representations of small disadvantaged status from subcontractors through use of a provision substantially the same as paragraph (b)(1)(i) of the provision at 52.219-22, Small Disadvantaged Business Status. The clause requires the contractor to confirm that a subcontractor representing itself as a small disadvantaged business concern is identified by SBA as a small disadvantaged business concern by accessing SBA's Procurement Marketing and Access Network (PRO-Net) database, Central Contractor Registration (CCR) or by contacting the SBA's Office of Small Disadvantaged Business Certification and Eligibility.

(c) 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.

2. Goals FAR 19.704 requires subcontracting plans with separate percentage goals for using small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women- owned small business concerns as subcontractors. A statement of the total dollars planned to be subcontracted and a statement of the total dollars planned to be subcontracted to each business type (including large business concerns) is also required. The plan shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs.

Base Period Goals

Business Type

100.0%

Note 1: The dollar amount (and percent) for Small Business Concerns in Line 1 includes the dollar amounts from lines 4 though 7 (SDB, WO, HZ, and VO).

Note 2: The dollar amount (and percent) for VOSB in Line 7 includes the dollar amount from Line 8 (SDVOSB).

Option Period 1 Goals

Business Type

100.0%

Note 1: The dollar amount (and percent) for Small Business Concerns in Line 1 includes the dollar amounts from lines 4 though 7 (SDB, WO, HZ, and VO).

Note 2: The dollar amount (and percent) for VOSB in Line 7 includes the dollar amount from Line 8 (SDVOSB).

Option Period 2 Goals

100.0%

Note 1: The dollar amount (and percent) for Small Business Concerns in Line 1 includes the dollar amounts from lines 4 though 7 (SDB, WO, HZ, and VO).

Note 2: The dollar amount (and percent) for VOSB in Line 7 includes the dollar amount from Line 8 (SDVOSB).

Option Period 3 Goals

100.0%

Note 2: The dollar amount (and percent) for VOSB in Line 7 includes the dollar amount from Line 8 (SDVOSB).

Option Period 4 Goals

100.0%

Note 1: The dollar amount (and percent) for Small Business Concerns in Line 1 includes the dollar amounts from lines 4 though 7 (SDB, WO, HZ, and VO).

Note 2: The dollar amount (and percent) for VOSB in Line 7 includes the dollar amount from Line 8 (SDVOSB).

Award Term I Goals

100.0%

Note 1: The dollar amount (and percent) for Small Business Concerns in Line 1 includes the dollar amounts from lines 4 though 7 (SDB, WO, HZ, and VO).

Note 2: The dollar amount (and percent) for VOSB in Line 7 includes the dollar amount from Line 8 (SDVOSB).

Award Term II Goals

100.0%

Note 2: The dollar amount (and percent) for VOSB in Line 7 includes the dollar amount from Line 8 (SDVOSB).

3. Products/Services to be Subcontracted The following principal products and/or services will be subcontracted under this contract. For all subcontracted products/services, identify the name of each subcontractor and check the appropriate block designating the type of business concern as either – large business (LB), small business (SB), veteran-owned small business (VO), service-disabled veteran-owned small business (SDVO), HUBZone small business (HZ), small disadvantaged business (SDB), or women-owned small business concerns (WO).

Products/Services to be Subcontracted Subcontracted Product/Service

Company Name Business Type

(expand as necessary)

4. Methods

(a) Describe below the method(s) used to develop the subcontract goals delineated in Section 2.

Note: Explain how the product and service areas to be subcontracted were established, how the areas to be subcontracted to each business type were determined, and include identification of source lists utilized in making these determinations. For example – existing company source lists, PRO-Net, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the 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 PRO-Net or CCR 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 PRO-Net as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(b) Indirect costs (check one) [ ] have been [ ] have not been included in the goals specified in Section 2. If "have been" is checked, describe below the method(s) used to determine the proportionate share of indirect costs to be incurred with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

5. Program Administration

(a) The following individual will administer the subcontracting program:

Name

Title

Address

Telephone

E-mail

(b) The Program Administrator's duties as they relate to the contractor’s subcontracting program include overall responsibility for this company's Small Business Program, the development, preparation and execution of individual subcontracting plans and for monitoring performance relative to contractual subcontracting requirements contained in this plan. Other duties are listed below:

6. Assurances

(a) The Contractor will include the clause of this contract entitled "Utilization of Small Business Concerns" 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 $500,000 ($1,000,000 for construction of any public facility) to adopt a subcontracting plan that complies with the requirements of this clause.

(b) The Contractor will–

(1) Cooperate in any studies or surveys as may be required.

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

(3) Submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and SF 295, Summary Subcontract Report, in accordance with Section 9 of this plan. The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with the instructions on the forms or as provided in agency regulations.

(4) Ensure that its subcontractors agree to submit SF 294 and SF 295.

(c) Describe below the efforts the contractor will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

7. Record Keeping

(a) The Contractor agrees to 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 the contractor’s 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 award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

1- Source lists (e.g., PRO-Net, CCR), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran- owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

2- Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.

3- 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 veteran-owned small business concerns were solicited and, if not, why not;

c) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;

d) Whether HUBZone small business concerns were solicited and, if not, why not;

e) Whether small disadvantaged 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.

4- Records of any outreach efforts to contact-

a) Trade associations;

b) Business development organizations;

c) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and

d) Veterans service organizations.

5- Records of internal guidance and encouragement provided to buyers through-

e) Workshops, seminars, training, etc.; and

f) Monitoring performance to evaluate compliance with the program's requirements.

6- 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. Contractors having commercial plans need not comply with this requirement.

(b) Describe below any other types of records to be maintained.

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

1- Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged 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, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged 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.

2- Provide 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.

3- Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

4- 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.

9. Reporting

(a) The contractor shall complete and submit Standard Form 294, Subcontracting Report for Individual Contracts. This report shall be submitted to the Administrative Contracting Officer (at the address shown below) semiannually and at contract completion. The report covers subcontract award data related to this contract.

Department of Justice Procurement Services Staff Attn: Administrative Contracting Office 145 N Street, NE 8th Floor Washington D.C. 20530

(b) The Contractor shall complete and submit Standard Form 295, Summary Subcontract Report. This report encompasses all of the contracts with the Department of Justice. It must be submitted annually at the close of each fiscal year and shall include a breakout, in the Contractor's format, of subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector. The annual Report shall be submitted to the following address:

Attachment 16 Sample Small Business Subcontracting Plan Solicitation No.

Department of Justice Office of Small and Disadvantaged Business Utilization 145 N Street, NE 8th Floor 145 N Street, NE 8th Floor Washington D.C. 20530

10. Signatures

Typed Name

Title

Date

Typed Name

Date