SMALL BUSINESS SUBCONTRACTING PLAN template Far 52.219-9.docx

SAMPLE

SMALL BUSINESS SUBCONTRACTING PLAN (Template)

(Note: this template is a guideline and should be used in conjunction with FAR 52.219-9)

The following is a suggested model for use when developing subcontracting plans as required by P.L. 95-507 and implemented by Federal Acquisition Regulations (FAR) Subpart 19.7. While this model plan has been designed to be consistent with statutory and regulatory requirements, 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 acceptance or the rejection of a bid or offer when a subcontracting plan is required. Further, the use of this model is not intended to waive other requirements that may be applicable under statute or regulation. "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. *The listed assurances and agreements are merely the required baselines to guide the offeror in developing their plan. The offeror should not make any assurances that they cannot promise confidently.

TYPE OF PLAN (please check one)

( ) Individual Plan ( ) Master Plan ( ) Sub-subcontract NOTE: If the Subcontract-offeror is submitting an individual subcontract plan, the plan must separately address sub-subcontracting with small business, veteran-owned small business, service-disabled veteran-owned HUBZone small business, small disadvantaged business, and women-owned small business concerns. The plan shall be included in and made a part of the resultant subcontract.

(1) GOALS

State the percentage of total planned subcontracting dollars that will go to all Small Business (SB) concerns, Veteran Owned Small Business, Service-Disabled Veteran Owned Small Business, HUBZone concerns, Small disadvantaged Business (SDB) concerns, Women-Owned Small Business (WOSB) concerns as sub-subcontractors. Goals must be expressed in terms of percentages and dollars.

(2) STATEMENT OF DOLLARS

The following dollar values correspond to the percentage goals in (1).

$______________ Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

$______________ Total dollars planned to be subcontracted to veteran-owned small business concerns;

$______________ Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

$______________ Total dollars planned to be subcontracted to HUBZone small business concerns;

$______________ Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

$______________ Total dollars planned to be subcontracted to women-owned small business concerns.

Notes:

1. The Statutory goals are:

26 percent of prime contracts for small businesses;

4 percent of prime and subcontracts for small disadvantaged businesses;

4 percent of prime and subcontracts for women-owned small businesses;

2 percent of prime and subcontracts for HubZone businesses;

2 percent of prime and subcontracts for veteran-owned small businesses;

1 percent of prime and subcontracts for service-disabled veteran-owned small businesses

(3) DESCRIPTION OF PRINCIPLE PRODUCTS AND TYPES OF BUSINESSES SUPPLYING THEM

(check all that apply)

(4) METHOD USED TO DEVELOP GOALS

Provide a description of the method used to develop the subcontracting goals.

(5) Describe the method used to identify potential sources for solicitation purposes.

(CHECK ALL THAT APPLY)

____ Company Source Lists ____ The System for Award Management (SAM) ____ Veterans Service organizations ____ National Minority Purchasing Council Vendor Information Service ____ the Research and Information Division of the Minority Business Development Agency in the Department of Commerce.

____ SB, HUBZone, SDB and WOSB Trade Associations ____ Other: Explain

(6) INDIRECT COSTS (Check which applies.)

___ Indirect costs have not been included in establishing subcontracting goals.

___ Indirect costs have been included in establishing subcontracting goals.

Describe the method used to determine the proportionate of indirect costs to be incurred with: small business concerns; Veteran-Owned small business concerns; Service-disabled veteran-owned small business concerns; HUBZone small disadvantaged business concerns; Women-owned small business concerns.

(7) ADMINISTRATOR OF SUBCONTRACTING PROGRAM

The following individual employed by the offeror will administer this subcontracting plan.

NAME: _______________________________

EMAIL: _______________________________

ADDRESS: __________________________

TELEPHONE: __________________________

TITLE: _______________________

DESCRIPTION OF DUTIES: ___________________________________________________

(8) EQUITABLE OPPORTUNITY TO COMPETE (Check which applies) Describe your efforts to ensure that SB, HSB, SDB, WOSB AND VOSB will have an equitable opportunity to compete for subcontracts.

(9) INCLUSION OF FAR CLAUSE 52.219-8 “UTLIZATION OF SMALL BUSINESS CONCERNS” IN SUBCONTRACTS Place a check by each statement as assurance that the following will be done:

___ I will include the clause of this subcontract entitled “Utilization of Small Business Concerns: in all sub-subcontracts that offer further sub-subcontracting opportunities

__ I will require all sub-subcontractor (except small business concerns) that receive sub-subcontracts in excess of $750,000 ($1.5 million for construction of any public facility) with further sub-subcontracting possibilities to adapt a sub-subcontracting plan that complies with the requirements of this clause.

(10) REQUIREMENT TO COOPERATE IN STUDIES AND SUBMISSION OF REPORTS

___ I agree to cooperate in any studies or surveys as may be required.

___ I agree to submit periodic reports so that the Government can determine the extent of compliance with the subcontracting plan.

___ I agree that after November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite- delivery, indefinite-quantity contracts intended for use by multiple agencies;

___ I agree to submit Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (1) of this clause using the Electronic Subcontracting Reporting System at http://www.esrs.gov

____I agree to provide its subcontract number, its UEI number, and the e-mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs.

_______ I agree to require that each sub-subcontractor with a sub-subcontracting plan provide the Prime contract number, its own UEI number, and the e-mail address of the sub-subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its sub-subcontractors with sub-subcontracting plans.

_______ I agree to ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

The contractor gives assurance of providing the Contracting Officer with a written explanation if the contractor fails to acquire articles, equipment supplies, services, or materials or obtain the performance of construction work. This written explanation will be submitted to the Contracting Officer within 30 days of contract completion.

(11) DESCRIPTION OF TYPES OF RECORDS TO BE MAINTAINED

(check if in agreement) ___ I agree to maintain the following records to show compliance with this subcontracting plan:

a. Source lists (e.g. SAM), guides, and other data that identify SB, HSB, SDB, WOSB and VOSB concerns.

b. Records on organizations contacted to locate SB, HSB, SDB, WOSB and VOSB sources.

c. Records on each subcontract solicitation resulting in an award of more than $250,000, indicating whether SB, VOSB, SDVOSB, HubZoneSB, SDB and WOSB Concerns were solicited, or not, and why not. If applicable, the reason award was not made to a SB concern.

d. Records of outreach efforts to contact:

(1) Trade associations,

(2) Business development organizations.

(3) Conferences and trade fairs to locate SB, HSB, SDB, WOSB and VOSB sources.

e. Records of internal guidance and encouragement provided to buyers through:

(1) Workshops, seminars, training, etc.

(2) Monitoring performance to evaluate compliance with the program’s requirements.

f. On a contract by contract basis, records to support award data submitted to the Government, including the name, address and business size of each subcontractor.

(12) ASSURANCES

a. Assurances that the Offeror will make a good faith effort to acquire all supplies/services in the same or greater scope, amount, and quality from the Small Business concerns that it used in preparing the proposal. Reference: FAR 19.704(a)(12).

b. Assurances that the Contractor will provide the Contracting Officer with a written explanation if the Contractor fails to acquire all supplies/services as described in FAR 52.219-9(d)(12) of this clause. Reference: FAR 19.704(a)(13).

c. Assurances that the Contractor will not prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to the payment to or utilization of a subcontractor. Reference: FAR 19.704(a)(14).

d. Assurances that the Offeror will pay its small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract and notify the contracting officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor (see FAR 52.242-5). Reference: FAR 19.704(a)(15).

This subcontracting plan was submitted by: < Contractor >

SIGNATURE:

TYPEDNAME:

TITLE: DATEPREPARED: PHONE NO.:

This subcontracting plan was accepted by:

APPROVAL:

PRIME CONTRACTOR:

TYPED NAME:

TITLE:

DATE APPROVED:

PHONE NO:

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