G Small Business Subcontracting Plan (8-18-23).docx

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Construction Services for the National Energy Research Scientific Computing Center (NERSC) Facility Upgrade II (NFU2) Project
Solicitation number
NFU2-7623
Issued by

About this file

This document contains a Small Business Subcontracting Plan template to be used by contractors responding to the solicitation for Construction Services for the National Energy Research Scientific Computing Center (NERSC) Facility Upgrade II (NFU2) Project.

The template requires contractors to provide basic information and set goals for subcontracting with small businesses, including small disadvantaged businesses, women-owned small businesses, HUBZone small businesses, and veteran-owned small businesses. Contractors must describe the types of products and services to be subcontracted to each small business category, explain how subcontracting goals were determined, and outline procedures for identifying potential subcontractors, ensuring equitable opportunities, and monitoring compliance. The completed template must be submitted with proposals responding to the solicitation by the mandatory pre-proposal conference date of February 21, 2024. Electronic subcontracting reports will be required periodically throughout contract performance.

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SMALL BUSINESS SUBCONTRACTING PLAN

SMALL BUSINESS SUBCONTRACTING PLAN

Use this form in developing your Subcontracting Plan for a Subcontract with the Lawrence Berkeley National Laboratory (LBNL), as required by Federal Acquisition Regulation (FAR) 52.219-9, Small Business Subcontracting Plan, and 52.219-8, Utilization of Small Business Concerns. Any substitutions of this form will result in the rejection of your plan. The use of this form is not intended to waive any requirements that may be applicable by law or regulation.

BASIC INFORMATION

LBNL Subcontract Number:

LBNL Subcontract Amount*: $

Period of Performance and Mod Number if Applicable:

Offeror/Subcontractor Name:

Name of LBNL Procurement Specialist:

Subcontractor Point of Contact: Phone Number: Email Address:

Modification Amount, if Applicable: $

*Total estimated value of LBNL subcontract, including options.

The following, along with an up-to-date proposal, project description, and any other attachments requested by LBNL, is hereby submitted as part of this Small Business Subcontracting Plan to satisfy the applicable requirements of the Small Business Act [15 U.S.C. 637(d)] and FAR Clause 52.219-9, Small Business Subcontracting Plan, and 52.219-8, Utilization of Small Business Concerns. LBNL will not review/approve this Plan without these documents.

TERMS AND DEFINITIONS

The following terms, abbreviations, or acronyms are used throughout this Plan:

· ANC – Alaska Native Corporation

· HUBZone – Historically Underutilized Business Zone Small Business

· SB – Small Business concern

· SDB – Small Disadvantaged Business concern

· VOSB/SDVOSB – Veteran-Owned Small Business concern / Service-Disabled Veteran-Owned Small Business concern

· WOSB – Women-Owned Small Business concern

PART I – SUBCONTRACTING GOALS (See Footnotes 1 & 2) An existing subcontractor master plan can be submitted as an alternative

A. Total dollars of planned lower-tier subcontracting (including Small and Large Businesses): $

B.The separate dollar and percentage planned goals for each category of the SB concerns are in the table below, along with the goals established by the Small Business Administration (SBA). We encourage use of the SBA goals listed below.
Note: Percentages are to be expressed as a percentage of the total dollars planned to be subcontracted as shown in A above. All subcontracts that will contribute to performance of the LBNL subcontract are to be included. (See Footnotes 3, 4, and 5 below.)
Category
Planned Lower-Tier Subcontracting Goals
SBA Goals
SDBs (including ANC and Indian tribes)
$
%
5%
WOSBs
$
%
5%
HUBZone SBs
$
%
3%
SDVOSBs
$
%
3%
All SB Concerns
$
%
50%
1Excludes: (a) subcontracts involving performance outside the U.S. or its outlying areas, and (b) purchases to a corporation, company, or subdivision that is an affiliate of the subcontractor.
2Indirect (overhead) costs incurred for common or joint purposes may be allocated on a prorated basis to the subcontracts.
3Subcontractors are required to submit separate dollar and percentage goals for each socioeconomic category in Part I.B.
4Total Estimated Dollar Value and Percentage of planned Subcontracting includes small businesses not captured in above categories
5Subcontracts awarded to an ANC or Indian tribe shall also be counted towards the subcontracting goals for SB and SDB, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

C. Description of the principal types of supplies and services to be subcontracted to each SB category, including estimated values. Failure to submit this information will result in rejection of plan.

Other SB
SDB
WOSB
HUBZone SB
SDVOSB

D. Description of the method(s) used to develop the above Subcontracting Plan and Goals. Explain in detail your relationship with subcontractors, why they are qualified to do the work, why they are relevant to the LBNL subcontract work, and how you know they will likely be around for the duration needed. Your plan will not be approved if left blank.

(attach additional sheets of paper, if necessary)

E. Statement as to whether indirect costs are included in establishing the goals? Yes |_| No |_|

If yes, the following describes the method(s) used to determine the proportionate share of indirect costs to be allocated to SB concerns.

SB
SDB
WOSB
HUBZone SB
SDVOSB

PART II - SUBCONTRACTING PROCEDURES

A. The following identifies the employee at your company/entity who will administer and monitor the compliance of Offeror/Subcontractor’s Small Business Subcontracting Program, along with a description of the individual’s duties and responsibilities:

Name & Title:
Address:
Telephone/Email:
Phone Number:Email Address:

Description of duties & responsibilities:

(attach additional sheets of paper, as necessary)

B.The following identifies the methods used to identify potential sources for solicitations, such as the following (not all inclusive):
|_|Maintenance of company source list or supplier management program.
|_|Conducting market surveys to identify new sources.
|_|Contacting minority and small business trade associations.
|_|Contacting business development organizations and local chambers of commerce.
|_|Attending and hosting Small Business procurement conferences and trade fairs.
|_|Utilizing Veteran service organizations.
|_|Utilizing the System for Award Management (SAM)/SBA Dynamic Small Business Search.
|_|Utilizing Federal government development centers such as DoD’s Procurement Technical Assistance Center (PTAC), SBA’s Small Business Development Center (SBDC), Department of Commerce’s Minority Business Development Agency, or the National Minority Purchasing Council Vendor Information Services.
|_|Other:

(attach additional sheets of paper, as necessary)

C. The following describes the methods used to assure that SB, SDVOSB, HUBZone, SDB, and WOSB concerns are provided an equitable opportunity to compete for the lower-tier subcontracts Your subcontracting plan will not be approved if left blank:

(attach additional sheets of paper, as necessary)

PART III – SUBCONTRACTING PLAN MANAGEMENT

The offeror/subcontractor certifies, by signature on this plan, that the following procedures regarding management of this Small Business Subcontracting Plan will be enacted and maintained and the results of these procedures will be shared with LBNL (submit annually to the LBNL Small Business Liaison Officer (SBLO) upon submission of end of FY ISR/SSR). LBNL reserves the right to delay invoice payment without penalty for failure to submit documents listed in F below:
A.Offeror/subcontractor will assist SB, SDVOSB, HUBZone, SDB, and WOSB concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate participation by such concerns.
B.Where the lists of potential lower-tier subcontractors are excessively long, offeror/subcontractor will make a reasonable effort to give all SB, SDVOSB, HUBZone, SDB, and WOSB concerns an opportunity to compete over a period of time.
C.Offeror/subcontractor will provide adequate and timely consideration regarding the potentialities of SB, SDVOSB, HUBZone, SDB, and WOSB concerns in all “make or buy” decisions.
D.Offeror/subcontractor will counsel and discuss subcontracting opportunities with representatives of SB, SDVOSB, HUBZone, SDB, and WOSB concerns, trade organizations and other stakeholders.
E.Offeror/subcontractor will provide notice to lower-tier subcontractors concerning penalties and remedies for misrepresentation of business status as SB, SDVOSB, HUBZone, SDB, and WOSB concerns, for the purpose of obtaining a lower-tier subcontract that is to be included as part or all of a Goal contained in the subcontractor’s Small Business Subcontracting Plan.
F.Offeror/subcontractor will establish, maintain, and submit annually, to the LBNL Small Business Liaison Officer (SBLO) upon submission of end of FY ISR/SSR, the following types of records per subcontract to demonstrate procedures that have been adopted to comply with the requirements and goals in this plan. The records shall include, unless otherwise indicated:
1.Description(s) of offeror/subcontractor’s efforts to locate sources that are SB, SDVOSB, HUBZone, SDB, and WOSB concerns and to award subcontracts to them;
2.Source lists (e.g., SAM/SBA Dynamic Small Business Search), guides, and other data that identify SMB, SDVOSB, HUBZone, SDB, and WOSB concerns;
3.Records of each subcontract solicitation resulting in an award of more than the Simplified Acquisition Threshold (SAT) defined in FAR 2.101, indicating:
a.Whether Small Business concerns were solicited, and if not, why not;
b.Whether Service-Disabled Veteran-Owned Small Business concerns were solicited, and if not, why not;
c.Whether HUBZone Small Business concerns were solicited, and if not why not;
d.Whether Small Disadvantaged Business concerns were solicited, and if not, why not;
e.Whether Women-owned Small Business concerns were solicited, and if not, why not; and
f.If applicable, the reason why the award was not made to a small business concern.
4.Records of outreach efforts to contact such activities as: (a) trade associations, (b) small business development organizations, and (c) conferences and trade fairs (hosted and attended) to locate SB, SDVOSB, HUBZone, SDB, and WOSB business sources;
5.Records of internal guidance and encouragement provided to buyers through (a) workshops, seminars, training, etc., and (b) monitoring performance to evaluate compliance with the program’s requirements; and
6.Records on a lower-tier subcontract-by-subcontract basis, supporting information for award data submitted by the Subcontractor to LBNL, including the name, address, and business size of each lower-tier subcontractor. (Subcontractors having Commercial Plans need not comply with this requirement.)

PART IV – LOWER-TIER SUBCONTRACTOR FLOW DOWN CLAUSE

Offeror/subcontractor certifies, by signature on this plan, that the following procedures regarding management of this Subcontracting Plan will be enacted:
A.Offeror/subcontractor agrees to include the provisions under FAR Clause 52.219-8, “Utilization of Small Business Concerns,” in all lower-tier subcontracts that offer further lower-tier subcontracting opportunities.

B. Offeror/subcontractor agrees to ensure that all large business subcontractors receiving a lower-tier subcontract in excess of $750,000.00 or $1,500,000.00 for construction must adopt and comply with a Small Business Subcontracting Plan similar to the Plan required by FAR Clause 52.219-9, “Small Business Subcontracting Plan,” as well as PART V, below. (See FAR 19.704 and FAR 19.708(b)). These lower-tier small business subcontracting plans must be forwarded to LBNL SBLO when they are executed.

PART V – ELECTRONIC SUBCONTRACTING REPORTING SYSTEM (eSRS) REPORTING

Offeror/subcontractor hereby provides assurance of: (1) cooperation in any studies, surveys, or requests for information that may be required; (2) submission of any periodic reports which will allow LBNL to determine the extent of compliance by the offeror/subcontractor with its subcontracting plan; and (3) submission of the electronic “Subcontracting Report for Individual Contracts,” or “Individual Subcontracting Report” (ISR, formerly Standard Form [SF] 294), and the ELECTRONIC “Summary Subcontract Report” (SSR, formerly SF 295) in accordance with the list below regarding MANDATORY electronic submission of these reports. Failure to file the required ISR and SSR reports timely and accurately will be considered a breach of the Subcontract terms and LBNL reserves right to delay invoice payment for such failures.

Reporting Period
Type of Report Due
Due Date
Oct 1 - Mar 31
ISR (formerly SF 294)
Apr 30
Apr 1 - Sept 30
ISR (formerly SF 294)
Oct 30
Oct 1 - Sept 30
SSR (formerly SF 295)
Oct 30
Subcontract Completion
ISR (formerly SF 294)
30 days after completion

Special Assurances for the eSRS:

The offeror/subcontractor also hereby provides assurances that the offeror/subcontractor will: (1) submit the “Individual Subcontracting Report(s)” (ISRs) and “Summary Subcontracting Report(s)” (SSRs) under the eSRS and (2) ensure that its subcontractors agree to submit Individual Subcontracting Reports and Summary Subcontracting Reports at all tiers, in eSRS. A final ISR at all levels is due 30 days after subcontract completion.

The offeror/subcontractor will provide such information so as to allow applicable lower-tier subcontractors to fully comply with the statutory requirements prescribed in FAR 19.702.

The offeror/subcontractor will utilize LBNL Prime Contract No. DE-AC02-05CH11231 (Top Level Agency: Energy Dept 8900) for the eSRS submissions.

· For assistance with eSRS, please contact the Help Desk (www.esrs.gov)

· LBNL's DUNS number is: #078576738

· When entering your reports, please use the email: pmccants@lbl.gov

The offeror/subcontractor will direct any questions regarding subcontractor submittal of ISR and SSR or eSRS to the following office: Small Business Office, Procurement, Mail Stop 971-PROC, Lawrence Berkeley National Laboratory, One Cyclotron Road, Berkeley, California, 94720, E-mail: SB@lbl.gov and pmccants@lbl.gov. Additional information is available at: http://esrs.gov or http://acquisition.gov.

PART VI - AGREEMENT AND APPROVAL SIGNATURES

A. Offeror/Subcontractor’s Agreement and Certification:

Signature

Typed name and title

Date

(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 or subcontract).

Comments:

FOR LBNL USE ONLY

B. LBNL Procurement Specialist:

Signature

Typed name and title

Date

C. LBNL Small Business Liaison Officer:

Signature

Typed name and title

Date

Small Business Subcontracting PlanPage 1 of 58/18/23
Small Business Subcontracting PlanPage 1 of 58/18/23

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