Generic SUBCONTRACTING PLAN TEMPLATE 2022-11-17.docx

SUBCONTRACTING PLAN

TEMPLATE

(Reference Federal Acquisition Regulation 19.704 and 52.219-9)

The Export Import Bank of the United States (EXIM) recommends that offerors use the following template format to submit “proposed” Subcontracting Plans, including modifications to the plan. While this generic template has been designed to be consistent with Federal Acquisition Regulation (FAR) 19.704, the use of this template DOES NOT waive other requirements that are applicable under FAR 52.219-9 and specified in the government’s solicitation. This generic template is not intended to replace any existing Corporate / Commercial Plan that may be more extensive.

A Subcontracting Plan is required if the estimated cost of the contract is estimated to equal or be greater than USD $750,000 (USD $1.5M construction), and the contract has subcontracting possibilities, and the award is made to an “Other Than Small Business (OTSB)” for performance by a US Company that isn’t overseas (outside the United States). See FAR 19.702 for exemptions.

Subcontracting requirements are not required in the case of foreign businesses performing overseas and US domestic businesses performing overseas in accordance with FAR 19.702(b)(3) "For contracts or contract modifications that will be performed entirely outside of the United States and its outlying areas". However, OTSBs are encouraged to subcontract to small businesses if possible. EXIM recognizes that in many instances of performance of requirements in an overseas location, local counsel based out of that location is best suited to perform the requirements. As a reminder, FAR clause 52.242-2 requires EXIM's approval of any subcontractor engagement.

CONTRACT VEHICLE (CHECK ONE):

· STAND-ALONE CONTRACT ___

· INDEFINITE DELIVERY INDEFINITE QUANTITY CONTRACT (IDIQ) _X_

· FEDERAL SUPPLY SCHEDULE ORDER ___

· CONTRACT MODIFICATION ___

Note: FAR 19.702(e): A contract may not have more than one subcontracting plan. However, a contracting officer may establish separate subcontracting goals for each order under an indefinite-delivery, indefinite-quantity contract (19.705-1(b)(2)). When a contract modification exceeds the subcontracting plan threshold (see 19.702(a)) or an option is exercised. The goals of an existing subcontracting plan shall be amended to reflect any new subcontracting opportunities not envisioned at the time of contract award. The goal changes do not apply retroactively.

Vendor Name:

SAM.gov Unique Entity Identifier (UEI) (for contract awarded or pending award):

Vendor Address:

Description of Types of Supplies and/or Services:

Insert company Fiscal Year (FY) beginning and end dates:

Commercial Subcontracting Plan Period:

(Contractor’s 12-month dates including year covered M/D/Y)

NEW / INITIAL CONTRACT

PERIOD OF CONTRACT PERFORMANCE (MM/DD/YYYY – MM/DD/YYYY): [________] to [________]

CONTRACT MODIFICATION / TASK ORDER(s) (as applicable)

PERIOD OF CONTRACT PERFORMANCE (MM/DD/YYYY – MM/DD/YYYY): [________] to [________]

Important: Failure to include information covered by FAR 52.2199 may be cause for either a delay in acceptance or rejection of a bid or offer when a subcontracting plan is required. The term “SUBCONTRACT,” as used in this clause, means any agreement (other than one involving an employeremployee relationship) entered into by a Federal Government prime contractor or subcontractor involving supplies or services required for performance of a contract or subcontract.

If assistance is needed to help locate small business sources, please contact the small business administration.

EXIM’s Subcontracting Goals for the identified solicitation per Section B, subsection 1.27 are:

Contract Desired Goals

Note: The Small Business Administration defines a small business concern as one that is independently owned and operated, organized for profit, and is not dominant in its field. The small business designation is also governed by industry size standards, the average number of employees for the preceding twelve months to include sales volume averaged over a three-year period. See www.sba.gov for additional information regarding size standards.

1. Type of Plan (check one)

_____ Individual plan means a subcontracting plan that covers the entire contract period of performance (including options, if applicable), applies to a specific contract, and contains goals that are based on the offeror’s planned subcontracting in support of the specific contract, except indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract. [Note: Individual subcontract plans may be submitted in lieu of a Commercial Subcontracting Plan for commercial product / service as a preference by the contractor.]

_____ Master plan means a subcontracting plan that includes all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.

_____ Commercial products / service plan means a subcontracting plan (including goals) that covers the offeror’s fiscal year, and the plan 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 Below report the dollar and percentage goals for Small Business (SB) and SB socioeconomic concerns and “Other than Small Business” (OTSB) as subcontractors. Indicate the base year and each option year, as specified in FAR 19.704 or project annual subcontracting base and goals under commercial plans. If any contract contains more than four options, please attach additional sheets which illustrate dollar amounts and percentages.

NOTE: Zero dollars is not an acceptable goal because FAR 19.702 requires contractors to demonstrate a good faith effort throughout the period of performance of the contract. Contractor is to insert the estimated values and percentages within the square brackets below:

g. Describe below ALL products and/or services to be subcontracted under this contract and percentage (%) of work. It is important to identify and report the name (if possible) and socio-economic status of the entities to be utilized as subcontractors and indicate what (if any) written commitments have been entered into with the subcontractors.

EXAMPLE [subcontractor name, Office of Lawyers 541110]

h. Provide a description of the method used to develop the subcontracting goals for the identified socioeconomic 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 identified socioeconomic concerns were determined, how the capabilities of these concerns were considered contract opportunities and how such data comports with the cost proposal. Identify any source lists or other resources used in the determination process. (Attach additional sheets, if necessary).

i. Indirect costs have ____ or have not ____ been included in the dollar and percentage subcontracting goals above (check one).

j. If indirect costs have been included, explain the method used to determine the proportionate share of such costs to be allocated as subcontracts to the socioeconomic concerns:

3. Subcontracting Program Administrator:

Duties: Does the individual named above retain 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 the subcontracting plan(s) and perform the following duties? __ Yes __ No (If NO is checked), it is important to identify who in the company performs those duties or indicate why the duties are not performed on a separate sheet of paper and submit with the proposed subcontracting plan.)

e. Ensuring that Requests for Proposals (RFPs) are designed to permit the maximum practicable participation of socioeconomic concerns: __ Yes __ No

f. Reviewing subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit small business socioeconomic concerns participation: __ Yes __ No

g. Accessing various sources for the identification of the socioeconomic concerns to include SBA’s Dynamic Small Business Search web page (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm) and/or the System for Awards Management (www.sam.gov), (https://www.vip.vetbiz.va.gov/) , local small business and minority associations, local chambers of commerce and Federal Agency Small Business Offices: __ Yes __ No

h. Establishing and maintaining contract and subcontract award records: __ Yes __ No

i. Participating in Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc.: __ Yes __ No

j. Ensuring that socioeconomic concerns are made aware of subcontracting opportunities and assisting concerns in preparing responsive bids/Offers to the company: __ Yes __ No

k. Conducting or arranging for training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act, as amended: __ Yes __ No

l. Monitoring the company’s subcontracting program performance and adjusting as necessary to achieve the subcontract plan goals: __ Yes __ No

m. Preparing and submitting timely, required subcontract reports: __ Yes __ No

n. Conducting or arranging training for purchasing personnel regarding the intent and impact of 8(a) of the Small Business Act on purchasing procedures: __ Yes __ No

o. Coordinating the company’s activities during the administration of compliance reviews by US Federal Agencies: __ Yes __ No

4. Equitable Opportunity Describe efforts the offeror will undertake to ensure that socioeconomic concerns will have an equitable opportunity to compete for subcontracts. These efforts include, but are not limited to, the following activities:

a. Outreach efforts to obtain sources:

Contacting minority and small business trade associations

Contact business development organizations and local chambers of commerce

Review sources from the SBA’s Dynamic Small Business Search web page (https://web.sba.gov/pro-net/search/dsp_dsbs.cfm) and/or (http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm)

Review sources from the System for Award Management web page (www.sam.gov)

Attend socioeconomic concerns procurement conferences and trade fairs

Review sources from the U.S. Department of Veterans Affairs, Vendor Information Pages VIP at: https://www.vip.vetbiz.va.gov/

b. Internal efforts to guide and encourage purchasing personnel:

Conduct / present workshops, seminars, and training programs

Establishing, maintaining, and using small business and socioeconomic concerns source lists, guides, and other data for soliciting subcontracts

Monitoring activities to evaluate compliance with the subcontracting plan

Additional / Other efforts (describe below):

5. Flow-Down Clause The contractor agrees to include the provisions under FAR 52.2198, “Utilization of Small Business Concerns,” in all acquisitions exceeding the simplified acquisition threshold that offers further subcontracting opportunities. All subcontractors (except small business concerns) that receive subcontracts in excess of $750,000 ($1,500,000 for construction) must adopt and comply with a plan similar to the plan required by FAR 52.2199, “Small Business Subcontracting Plan.” [Note]: In accordance with FAR 52.212-5(e), the contractor is not required to include the flow-down clause if it is subcontracting commercial items.

6. Reporting and Cooperation The contractor gives assurance that it will,

i. Cooperate in any studies or surveys that may be required;

ii. Submit periodic reports which illustrate compliance with the subcontracting plan

iii. Submit its Individual Subcontracting Report (ISR) and Summary Subcontract Report (SSR); via the Electronic Subcontracting Reporting System (eSRS) website (www.esrs.gov)

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

* Refer to FAR Part 19.7 for instructions regarding the submission of a Commercial Plan: SSR are due on 10/30 each year for the previous fiscal year ending 9/30.

Reports are required when due, regardless of whether there has been any subcontracting activity since the inception of the contract or the previous reporting period.

Note: The eSRS system does not allow firms to submit a separate report for each Task Order issued. Therefore, eSRS reporting for EXIM IDIQ contracts must include information pertaining to Task Order issued under the IDIQ contract. Contractors MUST include a statement in the remarks section of eSRS that references the Task Order number, dollars awarded, and subcontracting plan percentage that is applicable to each Task Order contract.

7. Description of Record Types (Ref: FAR 52.219-9(d) (11)) In order to demonstrate the company’s adherence to the obligation to maintain records that reflect compliance with the requirements and goals covered in the plan, describe the records maintenance procedures for locating each category of small businesses for use as a subcontractor(s):

8. Description of Good Faith Effort Maximum practicable utilization of socioeconomic concerns, as subcontractors, in government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved and 15 U.S.C. 637(d) (4) (F) directs that liquidated damages SHALL be paid by the contractor. Describe the company’s commitment to make a good faith effort to ensure that the subcontracting goals are met.

If this is a direct award, the contractor is required to provide the names, contact information, and socio-economic status of the firms slated to receive a contract. Identifying firms after award is not conducive to meeting the goals required by the plan. If this is an Indefinite Delivery-Indefinite Quantity (IDIQ) contract, the contractor is required to provide the names, contact information, and socio-economic status of the firms slated to receive a contract at the time a task order is issued FAR 19.705-1(b).

Required Signatures This subcontracting plan was submitted by:

Signature and Date:

Name of Subcontracting Program Administrator:

Title / Position:

Telephone Number:

Email Address:

Alternate POC with contact information:

As covered by FAR 19.702(c) and referenced by 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.

This plan was reviewed and approved by:

Signature and Date:

v.2022-11-14 v.2022-11-14