J-05_SmallBusinessSubcontractingPlan(2).pdf

Small Business Subcontracting Plan Page 1 March, 2003

SMALL BUSINESS SUBCONTRACTING PLAN

DATE OF PLAN: ______________

CONTRACTOR: _________________________________________________________________________

ADDRESS: _________________________________________________________________________

DUNN & BRADSTREET NUMBER: _____________________________________________________________

SOLICITATION OR CONTRACT NUMBER: ______________________________________________________

ITEM/SERVICE (Description): _________________________________________________________________

TOTAL CONTRACT AMOUNT: $_____________________________

Total contract or Base-Year, if options

Option #1 Option #2 Option #3 Option #4 (if applicable) (if applicable) (if applicable) (if applicable)

TOTAL MODIFICATION AMOUNT, IF APPLICABLE $ _________________________

TOTAL TASK ORDER AMOUNT, IF APPLICABLE $ _________________________

PERIOD OF CONTRACT PERFORMANCE (Month, Day & Year): ___________________________________

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 or the OPDIV Small Business Specialist at ______________. Sources may also be obtained from SBA’s PRO-Net website.

For this procurement, HHS expects all proposed subcontracting plans to contain the following goals at a minimum: ____% for Small Business; ____% for Small Disadvantaged Business; ____% for Women-Owned Small Business; ____% for HUBZone Small Business; and ____% for Veteran-Owned Small Business and Service-Disabled Veteran-Owned Small Business. These goals shall be expressed as percentages of the total estimated subcontracting dollars. The offeror is required to include an explanation for a category that has zero as a goal.

NOTE TO CONTRACTORS: Please provide your CCR number with your Dunn & Bradstreet number.

Attachment J-5RFP-CMS-2007-0013

Small Business Subcontracting Plan Page 2

1. Type of Plan (check one)

[ ] Individual plan (all elements developed specifically for this contract and applicable for the full term of this contract).

[ ] Master plan (goals developed for this contract) all other elements standardized and approved by a lead agency Federal Official; must be renewed every three years and contractor must provide copy of lead agency approval.

[ ] Commercial products/service plan This plan is used when the contractor sells products and services customarily used for non-government purposes. Plan/goals are negotiated with the initial agency on a company-wide basis rather than for individual contracts. The plan is effective only during the year approved. The contractor must provide a copy of the initial agency approval, and must submit an annual SF 295 to HHS with a breakout of subcontracting prorated for HHS (with an OPDIV breakdown, if possible).

2. Goals

State separate dollar and percentage goals for Small Business (SB), Small Disadvantaged Business (SDB), Woman-owned Small Business (WOSB), Historically Underutilized Business Zone (HUBZone) Small Business, Veteran-owned Small Business (VOSB), Service-Disabled Veteran-owned Small Business (SDVOSB) and “Other than small business” (Other) as subcontractors, for the base year and each option year, as specified in FAR 19.704. (Break out and append option year goals, if the contract contains option years or project annual subcontracting base and goals under commercial plans.)

a. Total estimated dollar value of ALL planned subcontracting, i.e., with ALL types of concerns under this contract is $ ________________________ (b + h = a) (Base Year)

FY-___ (1st Option) FY-___ (2nd Option) FY-___ (3rd Option) FY-___ (4th Option)

b. Total estimated dollar value and percent of planned subcontracting with SMALL BUSINESSES (including

SDB, WOSB, HUBZone, SDVOSB and VOSB): (% of “a”) $ ____________ and _______% (Base Year)

c. Total estimated dollar value and percent of planned subcontracting with SMALL DISADVANTAGED

BUSINESSES: (% of “a”) $ ____________ and _______% (Base Year)

d. Total estimated dollar value and percent of planned subcontracting with WOMAN-OWNED SMALL

e. Total estimated dollar and percent of planned subcontracting with HUBZone SMALL BUSINESSES:

(% of “a”) $ ____________ and _______% (Base Year)

RFP-CMS-2007-0018 Attachment J-5RFP-CMS-2007-0013

Small Business Subcontracting Plan Page 3

f. Total estimated dollar and percent of planned subcontracting with VETERAN-OWNED SMALL

g. Total estimated dollar and percent of planned subcontracting with SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESSES: (% of “a) $ ____________ and _______% (Base Year)

h. Total estimated dollar and percent of planned subcontracting with “OTHER THAN SMALL

BUSINESSES”: (% of “a”) $ ____________ and _______% (Base Year)

Notes: 1. Federal prime contract goals are:

SB equals 23%; SDB equals 5%; HUBZone equals 3%, WOSB equals 5% and SDVOSB equals 3%, VOSB equals 3% and can serve as objectives for subcontracting goal development.

2. SDB, WOSB, HUBZone, SDVOSB and VOSB goals are subsets of SB and should be counted and reported in multiple categories, as appropriate.

3. If any contract has more than four options, please attach additional sheets showing dollar amounts and percentages.

i. Provide a description of ALL the products and/or services to be subcontracted under this contract, and indicate the size and type of business supplying them (check all that apply).

Product/Service

Other

SB

SDB

WOSB

HUBZone

VOSB

SDVOSB

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j. Provide a description of the method used to develop the subcontracting goals for SB, SDB, WOSB, HUBZone, and VOSB 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 for 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.)

k. Indirect costs [ ] have, [ ] have not been included in the dollar and percentage subcontracting goals above (check one).

l. If indirect costs have been included, explain the method used to determine the proportionate share of such costs to be allocated as subcontracts to SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB concerns.

3. Program Administrator:

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?

[ ] yes [ ] no _________________________________________________________________________

(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. Develops and promotes company-wide policy initiatives that demonstrate the company’s support for awarding contracts and subcontracts to SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB concerns;

and assures that these concerns are included on the source lists for solicitations for products and services they are capable of providing; [ ] yes [ ] no

b. Develops and maintains bidder source lists of SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB concerns from all possible sources; [ ] yes [ ] no

c. Ensures periodic rotation of potential subcontractors on bidder’s lists; [ ] yes [ ] no

d. Ensures that SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB businesses are included on the bidders’ list for every subcontract solicitation for products and services that they are capable of providing; [ ] yes [ ] no

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e. Ensures that Requests for Proposals (RFPs) are designed to permit the maximum practicable participation of SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB concerns; [ ] yes [ ] no

f. Reviews subcontract solicitations to remove statements, clauses, etc., which might tend to restrict or prohibit SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB participation; [ ] yes [ ] no

g. Accesses various sources for the identification of SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB concerns to include the SBA’s PRO-Net and SUB-Net Systems, (http://www.sba.gov), the National Minority Purchasing Council Vendor Information Service, the Office of Minority Business Data Center in the Department of Commerce, local small business and minority associations, contact with local chambers of commerce and Federal agencies’ Small Business Offices; [ ] yes [ ] no

h. Establishes and maintains contract and subcontract award records; [ ] yes [ ] no

i. Participates in Business Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc; [ ] yes [ ] no

j. Ensures that SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB concerns are made aware of subcontracting opportunities and assisting concerns in preparing responsive bids to the company;

[ ] yes [ ] no

k. Conducts or arranges for the conduct of training for purchasing personnel regarding the intent and impact of Section 8(d) of the Small Business Act, as amended; [ ] yes [ ] no

l. Monitors the company’s subcontracting program performance and makes any adjustments necessary to achieve the subcontract plan goals; [ ] yes [ ] no

m. Prepares and submits timely, required subcontract reports; [ ] yes [ ] no

n. Coordinates the company’s activities during the conduct of compliance reviews by Federal agencies;

[ ] yes [ ] no; and

o. Other duties: _____________________________________________________________________

4. Equitable Opportunity

Describe efforts the offeror will make to ensure that SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB 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:

1. Contacting minority and small business trade associations; 2) contacting business development organizations and local chambers of commerce; 3) attending SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB procurement conferences and trade fairs; 4) requesting sources from the Small Business Administrations (SBA) PRO-Net and SUB-Net Systems, (http://www.sba.gov/) and other SBA and Federal agency resources. Contractors may also conduct market surveys to identify new sources, to include, accessing the NIH e-Portals in Commerce, (e-PIC), (http://epic.od.nih.gov/). The NIH e-Portals in Commerce is not a mandatory source and may be used at the offeror’s discretion.

b. Internal efforts to guide and encourage purchasing personnel:

1. Conducting workshops, seminars, and training programs;

2. Establishing, maintaining, and utilizing SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB source lists, guides, and other data for soliciting subcontractors; and

3. Monitoring activities to evaluate compliance with the subcontracting plan.

http://www.sba.gov http://www.sba.gov/ http://epic.od.nih.gov/

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c. Additional efforts:

5. Flow Down Clause

The contractor agrees to include the provisions under FAR 52.219-8, “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 $500,000 ($1,000,000 for construction) must adopt and comply with a plan similar to the plan required by FAR 52.219-9, “Small Business Subcontracting Plan.” (Flow down is not applicable for commercial items/services as described in 52.212-5(e) and 52.244-6(c).)

6. Reporting and Cooperation

The contractor gives assurance of (1) cooperation in any studies or surveys that may be required; (2) submission of periodic reports which show compliance with the subcontracting plan; (3) submission of Standard Form (SF) 294, “Subcontracting Report for Individual Contracts,” and attendant Optional Form 312, SDB Participation Report, if applicable, (required only for contracts containing the clause 52.219-25) and SF 295, “Summary Subcontract Report,” in accordance with the instructions on the forms; and (4) ensuring that subcontractors agree to submit Standard Forms 294 and 295.

Reporting Period Report Due Due Date Oct 1 - Mar 31 SF 294 4/30 Apr 1 - Sept 30 SF 294 10/30 Oct 1 - Sept 30 SF 295 10/30 Contract Completion OF 312 30 days after completion

Special instructions for commercial plan: SF 295 Report is due on 10/30 each year for the previous fiscal year ending 9/30.

a. Submit SF 294 to cognizant Awarding Contracting Officer.

b. Submit Optional Form 312, (OF 312), if applicable, to cognizant Awarding Contracting Officer.

c. Submit SF 295 to cognizant Awarding Contracting Officer and to the:

Office of Small and Disadvantaged Business Utilization Department of Health and Human Services 200 Independence Avenue, SW Humphrey H. Building, Room 517-D Washington, D.C. 20201

d. Submit “information” copy of the SF 295 and the SF 294 upon request to the SBA Commercial Market

Representative (CMR); visit the SBA at http://www.sba.gov/gc and click on assistance directory to locate your nearest CMR.

7. Record keeping

In accordance with FAR 19.704(a)(11), the following is a recitation of the types of records the contractor will maintain to demonstrate the procedures adopted to comply with the requirements and goals in the subcontracting plan. These records will include, but not be limited to, the following:

http://www.sba.gov/gc

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a. SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB source lists, guides and other data identifying such vendors;

b. Organizations contacted in an attempt to locate SB, SDB, WOSB, HUBZone, VOSB, and SDVOSB sources;

c. On a contract-by-contract basis, records on all subcontract solicitations over $100,000, which indicate for each solicitation (1) whether SB, SDB, WOSB, HUBZone, VOSB, and/or SDVOSB concerns were solicited, if not, why not and the reasons solicited concerns did not receive subcontract awards.

d. Records to support other outreach efforts, e.g., contacts with minority and small business trade associations, attendance at small and minority business procurement conferences and trade fairs;

e. Records to support internal guidance and encouragement provided to buyers through (1) workshops, seminars, training programs, incentive awards; and (2) monitoring performance to evaluate compliance with the program and requirements; and

f. On a contract-by-contract basis, records to support subcontract award data including the name, address, and business type and size of each subcontractor. (This item is not required on a contract– by–contract basis for company or division-wide commercial plans.)

g. Other records to support your compliance with the subcontracting plan: (Please describe)

8. Timely Payments to Subcontractors

FAR 19.702 requires your company to establish and use procedures to ensure the timely payment of amounts due pursuant to the terms of your subcontracts with small business concerns, small disadvantaged small business concerns, women-owned small business concerns, HUBZone small business concerns, veteran-owned small business concerns, and service-disabled veteran-owned small business concerns.

Your company has established and uses such procedures: [ ] yes [ ] no

9. Description of Good Faith Effort

Maximum practicable utilization of small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business 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. In order to demonstrate your compliance with a good faith effort to achieve the small, small disadvantaged, women-owned, HUBZone, veteran-owned, and service-disabled veteran-owned small business subcontracting goals, outline the steps your company plans to take. These steps will be negotiated with the contracting officer prior to approval of the plan.

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SIGNATURE PAGE

Signatures Required:

This subcontracting plan was submitted by:

Signature: _____________________________________________ Typed Name: _____________________________________________ Title: _________________________________________________ Date: _________________________________________________

This plan was reviewed by:

Signature: ______________________________________________ Typed Name: ______________________________________________ Title: ______Contracting Officer____________________________ Date: _____________________________________________________

This plan was reviewed by:

Signature: _________ _____________________________________ Typed Name: _______________________________________________ Title: _______Small Business Specialist____________________ __ Date: ___________________________________________________ __

This plan was reviewed by:

Signature: _______________________________________________ Typed Name: _______________________________________________ Title: ________SBA Procurement Center Representative_________ Date: _____________________________________ _________________

And Is Accepted By:

Signature: _______________________________________________ Typed Name: _______________________________________________ Title: ___________________________________________________ Date: ______________________________________________________