subcontracting_plan_outline_attachment.pdf

SUBCONTRACTING PLAN OUTLINE

A subcontracting plan must be submitted. The suggested format has been included as a part of this solicitation.

Submission of the subcontracting plan must be included with the quotation.

U.S. DEPARTMENT OF COMMERCE

SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS

MODEL SUBCONTRACTING PLAN OUTLINE*

Identification Data

Contractor: _______________________________________________________________

Address: _________________________________________________________________

Solicitation or Contract Number: ______________________________________________

Project Title: ______________________________________________________________

Total Amount of Contract (Including Options): $__________________________________

Period of Contract Performance (MO & YR): ____________________________________

* Federal Acquisition Regulation (FAR), paragraph 19.708(b) prescribes the use of the clause

FAR 52.219-9 entitled "Small, Small Disadvantaged and Women-Owned Small Business subcontracting Plan." The following is a suggested model for use when formulating such subcontracting plans. While this model plan has been designed to be consistent with FAR

2.219-9, other formats of a subcontracting plan may be acceptable. However, failure to include the essential information as exemplified in this model may be cause for either a delay in the acceptance or the rejection of an offer where the clause is applicable. Further, the use of this model is not intended to waive other requirements that may be applicable under FAR 52.219-9.

"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.

1. Type of Plan (Check Only One)

_____ INDIVIDUAL PLAN: In this type of plan, all elements are developed specifically for this contract and are applicable for the full term of this 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 annually. Once incorporated into a contract with specific goals, it is valid for the life of the contract.

_____ COMMERCIAL PRODUCTS PLAN: This type of plan is used when the contractor sells large quantities of off-the-shelf commodities to may Government agencies. Plans/goals are negotiated with the initial agency on a company-wide basis rather than for individual contracts. This 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 294/295 to

Commerce with a breakout of subcontracting prorated for the Department of Commerce.

2. Goals

State separate dollar and percentage goals for the following small business concerns as subcontractors as specified in FAR 19.704.

A. Total estimated dollar value of all planned subcontracting; i.e., with all types of organizations under this contract:

$ and % of contract total

B. Total estimated dollar value and percentage of planned subcontracting with small business concerns:

C. Total estimated dollar value and percentage of planned subcontracting with small disadvantaged business concerns:

D. Total estimated dollar value and percentage of planned subcontracting with women-owned small business concerns:

$ and of contract total

E. Total estimated dollar value and percentage of planned subcontracting with hub-zone small business concerns:

F. Total estimated dollar value and percentage of planned subcontracting with service-disabled veteran owned small business concerns:

G. Total estimated dollar value and percentage of planned subcontracting with veteran owned small business concerns:

3. Description of all the products and/or services to be subcontracted under this contract, and an indication of the types of organizations supplying them.

LARGE BUSINESS (LB), SMALL BUSINESS (SB), SMALL DISADVANTAGED BUSINESS

(SDB), WOMEN OWNED (WO), HUBZONE (HUB), SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS (SDVOSB), AND VETERAN OWNED SMALL BUSINESS

(VOSB). (Check all that apply).

SUBCONTRACTED PRODUCT OR

SERVICE

LB SB SDB WO HUB SDVOSB VOSB

(Attach additional sheets if necessary)

4. A description of the method used to develop the subcontracting goals for small and small disadvantaged business concerns (i.e., explain the method and state the quantitative basis (in dollars) used to establish the percentage goals; in addition, how the areas to be subcontracted to small and small disadvantaged business concerns were determined, and how the capabilities of small and small disadvantaged businesses were determined. (Include any source lists used in the determination process.)

5. Indirect costs have been have not been included in the dollar and percentage subcontracting goals stated above. (Check one)

6. If indirect costs have been included, explain the method used to determine the proportionate share of such costs to be allocated as subcontracts to small business and small disadvantaged business concerns.

7. Program Administrator

Name, title, position within the corporate structure, and duties and responsibilities of the employee who will administer the contractor's subcontracting program.

Name: _______________________________________________________________________

Title: ________________________________________________________________________

Address: _____________________________________________________________________

Telephone: ___________________________________________________________________

Duties: Has general overall responsibility for the contractor's subcontracting program; i.e., developing, preparing, and executing individual subcontracting plans and monitoring performance relative to the requirements of this particular plan. For example, duties may include, but are not limited to, the following activities:

A. Developing and promoting company-wide policy initiatives that demonstrate the company's support for awarding contracts and subcontracts to small and small disadvantaged business concerns; and assure that small and small disadvantaged businesses are included on the source lists for solicitations for products and services they are capable of providing;

B. Developing and maintaining bidder's lists of small and small disadvantaged business concerns from all possible sources;

C. Ensuring periodic rotation of potential subcontractors on bidder's lists;

D. Ensuring that procurement "packages" are designed to permit the maximum possible participation of small and small disadvantaged businesses;

E. Make arrangements for the utilization of various sources for the identification of small and small disadvantaged businesses such as the SBA's Procurement Automated

Source System (PASS), the National Minority Purchasing Council Vendor Information

Service, the Office of Minority Business Data Center in the Department of Commerce, and the facilities of local small business and minority associations, and contact with

Federal agency's Small Business Representative.

F. Overseeing the establishment and maintenance of contract and subcontract award records;

G. Attending or arranging for the attendance of company counselors at Business

Opportunity Workshops, Minority Business Enterprise Seminars, Trade Fairs, Procurement Conferences, etc.;

H. Ensure small and small disadvantaged business concerns are made aware of subcontracting opportunities and how to prepare responsive bids to the company;

I. Conducting or arranging for the conduct of training for purchasing personnel regarding the intent and impact of Public Law 95-507 on purchasing procedures;

J. Monitoring the company's performance and making any adjustments necessary to achieve the subcontract plan goals;

K. Preparing, and submitting timely, required subcontract reports;

L. Coordinating the company's activities during the conduct of compliance reviews by

Federal agencies; and, M. Other duties

8. Equitable Opportunity

Describe efforts the offeror will make to ensure that small and small disadvantaged business concerns will have an equitable opportunity to compete for subcontracts. These efforts may 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;

3. Attending small and minority business procurement conferences and trade fairs;

4. Requesting sources from the Small Business Administration's Procurement

Automated Source System (PASS); and

5. Newspaper, magazine ads which encourage new sources.

B. Internal efforts to guide and encourage purchasing personnel:

1. Presenting workshops, seminars, and training programs;

2. Establishing, maintaining, and using small and small disadvantaged business source lists, guides, and other data for soliciting subcontracts; and

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

C. Additional efforts:

9. Flow Down Clauses

The contractor agrees to include the provisions under FAR 52.219-8, "Utilization of

Disadvantaged Business Concerns" in all subcontracts that offer 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 and Small Disadvantaged Business

Subcontracting Plan" (FAR 19.704(a)(4)).

10. 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 Reports for Individual Contracts” and

Standard Form (SF) 295, "Summary Subcontract Report", in accordance with the instructions on the forms; and (4) ensuring that subcontractors agree to submit SFs 294 and 295.

SFs 294 and 295 to be submitted to:

U.S. Department of Commerce

National Institute of Standards and Technology

Acquisition and Assistance Division

100 Bureau Drive, MS 3572

Gaithersburg, MD 20899-3572 and

U. S. Department of Commerce

Office of Small and Disadvantaged Business Utilization

Herbert C. Hoover Building, Room H6411

14th Street and Constitution Avenues, NW

Washington, D.C. 20230

Both the Department and the respective Commerce bureau must receive the report(s) within thirty (30) days after the close of each calendar period.

11. Recordkeeping

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:

A. Small and small disadvantaged business concerns source lists, guides, and other date identifying such vendors;

B. Organizations contacted in an attempt to locate small and small disadvantaged business sources;

C. On a contract-by-contract basis, records on all subcontract solicitations over

$100,000 which indicate for each solicitation (1) whether small business concerns were solicited; and if not, why not; (2) whether small disadvantaged business concerns were solicited; and if not, why not; and (3) reason for the failure of solicited small or small disadvantaged business concerns to receive the subcontract award;

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 of activities to evaluate compliance; and

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

G. Additional records:

12. Timely Payments to Subcontractors

The contractor agrees to establish and use procedures to ensure the timely payment of amounts due pursuant to the terms of its subcontracts with small business concerns and small disadvantaged business concerns.

13. Description of Good Faith Effort

Maximum practicable utilization of small and small disadvantaged 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 compliance with a good faith effort to achieve the small and small disadvantaged business subcontracting goals, the contractor agrees to outline the steps planned. These steps will be negotiated with the

Contracting Officer prior to approval of the plan.

12. Signatures Required

This subcontracting plan was SUBMITTED by:

Signature: ____________________________________________________

Typed Name: _________________________________________________

Title: ________________________________________________________

Date Prepared: ________________________________________________

Phone No.: ___________________________________________________

This subcontracting plan was REVIEWED by:

Typed Name: _________________________________________________

Title: ___Small Business Specialist________________________________

This subcontracting plan was REVIEWED by:

Title: ___Small Business Administrative Representative______________

This subcontracting plan was APPROVED by:

Title: ___Director, Office of Small and Disadvantaged Business Utilization

This subcontracting plan was ACCEPTED by:

Title: ___Contracting Officer_____________________________________