Attachment_No.2-_Subk_Plan_Model.pdf

Attachment 2 - 128 - Solicitation Number HSCECR-14-R-00001

Page

DEPARTMENT OF HOMELAND SECURITY

IMMIGRATIONS AND CUSTOMS ENFORCEMENT

SUBCONTRACTING PLAN MODEL

The following outline meets the minimum requirements of section 8(d) 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 Disadvantaged Business Utilization (OSDBU) at (202) 690-7300 202-447-5555 or the Immigrations and Customs Enforcement (ICE) Office of Acquisition Management (OAQ) Small Business Specialist at 202-732-7014 or ICESmallBusinessSpecialist@ice.dhs.gov. Sources may also be obtained from Small Business Administration’s Dynamic Small Business Search :

http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm or www.sam.gov . Please note that the Department of Homeland Security, ICE has subcontracting goals of:

Total Subcontracting Dollars SB Subcontracts 43.0% SDB Subcontracts 5.0% WOSB Subcontracts 5.0% HUBZone Subcontracts 3.0% SDVOSB Subcontracts 3.0%

Identification Data:

Name of Prime Contractor:

Address:

City: State: Zip code:

Dunn and Bradstreet Number:

Solicitation: HSCECR-

Description of Requirement: Provide contractor support to the U.S. Immigration and Customs Enforcement (ICE), Office of Enforcement and Removal (ERO), Compliance Enforcement Division (CED), Alternatives-to-Detention Unit (ATD) for the Intensive Supervision and Appearance Program (ISAP III). ISAP III is a core community-based supervision and in-person reporting program designed to provide cost–effective electronic monitoring supervision and case management for individuals who are not subject to mandatory detention but have been mailto:ICESmallBusinessSpecialist@ice.dhs.gov http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

Attachment 2 - 129 -determined to require a higher level of monitoring than being released on recognizance or with bond conditions alone.

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 Acquisition Management, Compliance and Removals. (OAQ/CR)

Contracting Officer Name: Roy Jones III

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 that 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 concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business, and service disabled veteran-owned small business concerns as subcontractors for the base year and each option year. (Please note that the goals for HUBZone small business, small disadvantaged business, women-owned small business, and service disabled veteran-owned small business concerns are sub-sets of the small business goal).

2.1. Please state separate dollar and percentage goals for Small Business (including Alaska Native Corporation’s (ANCs); Service-Disabled Veteran-Owned Small Business; Small Disadvantaged, Women-Owned, and Historically Underutilized Business Zone (HUBZone) Small Business 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.

Attachment 2 - 130 -

EXAMPLE OF HOW TO CALCULATE THE GOALS:

DOLLARS PERCENT

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

$430,000 43.0%

Subcontract to Service Disabled Veteran-Owned Small Business

$30,000 3.0%

Small Disadvantaged Business (including ANC and Indian tribes)

$50,000 5.0%

Women-Owned Small Business $50,000 5.0% Subcontract to HUBZone Small Businesses $30,000 3.0%

IF PERCENTAGE GOALS BELOW ARE LOWER THAN THE EXAMPLE ABOVE, 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

Base Yr 1 1st Option 2nd Option 3rd Option 4th Option

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

Business (SDVOSB):

Estimated total dollars to be subcontracted to Small Disadvantaged Business (SDB)

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

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

Attachment 2 - 131 -

Estimated total dollars to be subcontracted to HUBZone Small Business Concerns:

Estimated total dollars to be subcontracted to Large Business:

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), service-disabled veteran-owned, small disadvantaged (including ANCs and Indian tribes), women-owned, HUBZone.

Attachment 2 - 132 -

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)

SDVOSB VOSB SDB

(including ANCs and Indian tribes)

WOSB HUBZONE

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 database (SAM), 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 SAM as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM.gov as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities).

Attachment 2 - 133 -

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); service-disabled veteran-owned small business; veteran-owned small business; small disadvantaged business concern (including ANC and Indian tribes); women-owned small business, and HUBZone 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 small, small disadvantaged, women-owned small, veteran-owned, and service disabled veteran-owned small business concerns.

__________YES __________NO

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

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

D. Assuring that small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, 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.

Attachment 2 - 134 -

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

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, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, and service disabled veteran-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.

J. Directly or indirectly counseling small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, and service disabled veteran-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, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, or service disabled veteran-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.

4. EQUITABLE OPPORTUNITY

4.1. FAR 19.704(a)(8) requires a description of the efforts your company will make to ensure that small, HUBZone small, small disadvantaged, women-owned small, veteran-owned small, 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:

Contacting minority and small business trade associations

Attachment 2 - 135 -

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, 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

C. Additional efforts: (Please describe.)

5. REPORTING AND COOPERATION:

5.1. Assurances that the offeror will include FAR clause 52.219-8 Utilization of Small Business Concerns (Jul 2013) 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 $650,000 ($1,500,000 for construction) 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 52.219-8(d)(10) and 52.219-8(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.

http://www.esrs.gov/

Attachment 2 - 136 -

(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 whom will be reviewing the Subcontracting ISR 294 “Report for Individual Contracts” as well as SSR 295 “Summary Subcontracting Report”.

Reporting Agency: ICE OAQ/CR Please enter the contracting officer’s email address: Roy.Jones@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 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):

(i) Source lists (e.g., SAM, CCR, Vendor Information Pages (VIP) Database at the Vetbiz.gov web portal (www.vetbiz.gov), to ensure maximum practicable consideration of Veteran-Owned and Service-Disabled Veteran-Owned Small Businesses:), 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.

(ii) 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.

(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 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.

mailto:Roy.Jones@ICE.DHS.GOV

Attachment 2 - 137 -

(iv) 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.

(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 offeror to the Government, including the name, address, and business size of each subcontractor.

(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, 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.

(ii) 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.

(iii) 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.

(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 Central Contractor Registration (CCR) database or by contacting SBA.

Attachment 2 - 138 -

(v) 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.

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

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:

______________________________________thru 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