Attachment 5 - Small Business Subcontracting Plan.doc

Source Selection Information – See FAR 2.101 and 3.104 (When Filled-in, this Document becomes CUI//SP-SSEL)

Attachment 5: Small Business Subcontracting Plan Request for Proposal: HTC711-23-R-R010 GENERAL INFORMATION, DEFINITIONS, AND OTHER RELEVANT FACTS APPLICABLE TO THE SMALL BUSINESS SUBCONTRACTING PLAN

GENERAL INFORMATION:

Notice to Other Than Small Business Concerns (Large Businesses): The United States Transportation Command (USTRANSCOM) Office of Small Business Programs (OSBP) provides this subcontracting plan template as a tool to assist in compliance with required content. The template shall be adapted to fit each unique subcontracting situation while remaining in compliance with Federal Acquisition Regulation (FAR) 52.219-9 (DEVIATION 2018-O0018 and 2019-O0005) and Defense Federal Acquisition Regulation Supplement (DFARS) 252.219-7003. The Contracting Officer shall review the subcontracting plan for acceptability prior to the apparent successful offeror receiving an award. The approved subcontracting plan shall be incorporated into the contract upon award.

DEFINITIONS OF SUBCONTRACTING PLAN TYPES (FAR 19.701 and DFARS 219.702):

Commercial Subcontracting Plan: A subcontracting plan (including goals) that covers the offeror’s fiscal year and applies to the entire production of commercial items sold by the entire company or a portion thereof (e.g., division, plant, or product line).

Comprehensive Subcontracting Plan: An established Department of Defense (DoD) test program valid through 31 December 2027. Applies on a corporate, division, or plant-wide basis. A comprehensive subcontracting plan is used in lieu of an individual subcontracting plan when performing any DoD contract or subcontract that requires a subcontracting plan. A business concern is eligible to participate if supplies or services are furnished under at least three DoD contracts during preceding fiscal year having an aggregate value of at least $100M.

Individual Subcontracting Plan: A subcontracting plan that covers the entire contract period (including option periods), applies to a specific contact, 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 Subcontracting Plan: A subcontracting plan that contains all required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

OTHER REVELANT FACTS:

Commercial subcontracting plans shall relate to the offeror’s planned subcontracting generally, for both commercial and government business, rather than solely to the government contract. A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. Once the commercial plan has been approved, the government shall not require another subcontracting plan from the same contractor while the plan remains in effect, as long as the product or service being provided by the contractor continues to meet the definition of a commercial item. The approved commercial plan shall remain in effect during the contractor’s fiscal year for all government contracts, and the contractor shall submit a new commercial plan 30 working days before the end of the contractor’s fiscal year.

Individual subcontracting plans shall include separate goals and an estimated value for the base and each option period. Per FAR 52.219-9(c) an individual subcontracting plan must separately address subcontracting with small businesses (SB) (including Alaska Native Corporation (ANC) and Indian tribes), veteran-owned small businesses (VOSB), service-disabled veteran-owned small businesses (SDVOSB), HUBZone small businesses, small disadvantaged businesses (SDB) (including ANC and Indian tribes), and women-owned small businesses (WOSB) for the base and each option period (if applicable).

Reporting Requirements: The contractor shall report actual subcontracting achievements for all contracts in the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs.gov). Instructions on completing the report are available on the eSRS website. Reporting requirements for individual subcontracting plans are specified at FAR 19.704(a)(10)(iv)(A) and (B); however, only paragraph (B) applies to commercial subcontracting plans.

EXAMPLE ON HOW TO ANNOTATE SUBCONTRACTING DOLLARS AND GOALS IN A SUBCONTRACTING PLAN:

First, the contractor shall specify the total estimated subcontracting dollars (or spend) planned to all types of business concerns, and then separately determine the dollars and percentages that will be subcontracted to each category. Percentages for each category shall be expressed as a percentage of the total subcontracting dollars to all concerns (both large and small)*.

The individual subcontracting plan must separately address subcontracting for each small business category, including SB (including ANC and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANC and Indian tribes), and WOSB.

The figures attributed to large business concerns and all small business concerns must equal the total dollars to be subcontracted (both dollars and percentages). Note: ANC and Indian tribes are applicable in two small business categories (SB and SDB); DO NOT add those dollars twice in the total.

Sample Dollars

SAMPLE Goal Total dollars to be subcontracted $ 100,000*

100% (to both Large and Small Businesses) To Large Businesses $ 45,000

45% To Small Businesses $ 30,000

30% (includes Alaskan Native Corporation (ANC) and Indian tribes

To HUBZone Small Businesses $ 3,500

3.5%

To Small Disadvantaged Businesses (ANC and Indian tribes) $ 11,000

11.0%

To Women-Owned Small Businesses $ 1,500

1.5%

To Veteran-Owned Small Businesses $ 5,000

5.0% (includes SDVOSB below in this total)

To Service-Disabled Veteran-Owned Small Businesses $ 4,000

4.0%

REMOVE THE GENERAL INFORMATION, DEFINITIONS, AND OTHER RELEVANT FACTS PAGES (Pages 1 and 2) BEFORE SUBMITTING

THE SUBCONTRACTING PLAN WITH YOUR PROPOSAL PACKAGE TO USTRANSCOM

FAR 52.219-9 (DEVIATION 2018-O0018 and 2019-O0005)

SUBCONTRACTING PLAN REQUIRED ELEMENTS

SMALL BUSINESS SUBCONTRACTING PLAN TEMPLATE

I. IDENTIFICATION DATA:

Company Name:

SAM Number:

CAGE Code:

Address:

Date Prepared:

Description of Supplies/Services:

Solicitation Number: (Complete for individual subcontracting plans; N/A for commercial subcontracting plans) Contract Number: (If commercial subcontracting plan, cite awarding agency’s contract number) II. TYPE OF PLAN – FAR 19.701: (For definitions, see FAR 52.219-9) _____ Commercial Plan _____ Comprehensive Plan _____Individual Plan

_____Master Plan (incorporated into Individual Plan)

III. GOALS:

A. FAR 52.219-9(d) (DEVIATION 2018-O0018 and 2019-O0005) states the subcontracting plan shall include:

(1) separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small businesses as subcontractors. For individual subcontracting plans, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The contractor shall include all subcontracts that contribute to contract performance and may include a proportionate share of products and services that are normally allocated as indirect costs; and

(2) a statement of total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan. NOTE: Individual plans reflect contract-specific goals. The dollars and percentages to large and total small businesses (all inclusive) must equal the total subcontracted to all categories in both dollars and percentages.

EACH CONTRACTOR IS EXPECTED TO OFFER THE MAXIMUM PRACTICABLE OPPORTUNITIES TO EACH TYPE OF SMALL BUSINESS CONCERN CONSISTENT WITH THEIR BEST FAITH EFFORTS AND SUPPORTED BY THEIR REPORTS AND RECORDS.

COMPLETE if submitting an Individual Subcontracting Plan. (Remove this section if submitting a Commercial Subcontracting Plan.)

[Fill-In Company Name] provides the following separate dollar and percentage goals, which are a percentage of the total subcontracting dollars for each business category:

{FIVE-YEAR}

ORDERING PERIOD GOALS are expressed in dollars and percentages of the total dollars planned to be subcontracted.

PLANNED SUBCONTRACTING TO:

1. Total Dollars to be Subcontracted (large and all small businesses must equal total amount to be subcontracted (both $ and %))

100%

2. Large Businesses (Other than Small)

3. Small Businesses (including ANCs & Indian tribes)

4. Small Disadvantaged Businesses (SDB) (including ANCs & Indian tribes)

5. Veteran-Owned Small Businesses (VOSB)

6. Service-Disabled Veteran-Owned Small Businesses (SDVOSB)

7. Women-Owned Small Businesses (WOSB)

8. HUBZone Small Business (HUBZone)

COMPLETE if submitting a Commercial Subcontracting Plan. (Remove this section if submitting an Individual Subcontracting Plan).

Commercial Plan Period: (Insert fiscal year for contractor/offeror) Projected annual sales (Company-wide): $__________________

1. Estimated TOTAL dollars planned to be subcontracted to all types of concerns (generally for both commercial and government business, in support of commercial items sold during company fiscal year):

Annual Commercial Purchases/Spend: $_________________ = 100% subcontracted

2. Total dollars planned to be subcontracted to large business concerns (or classified as other than small):

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

3. Total dollars planned to be subcontracted to small business concerns (including ANCs and Indian tribes):

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

4. Total dollars planned to be subcontracted to veteran-owned small business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

5. Total dollars planned to be subcontracted to service-disabled veteran-owned small business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

6. Total dollars planned to be subcontracted to HUBZone small business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

7. Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes):

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

8. Total dollars planned to be subcontracted to women-owned small business concerns:

Annual Commercial Purchases/Spend: $__________________ = ___ % of Total

B. FAR 52.219-9(d)(3) requires a description of the principal types of supplies and services to be subcontracted and an identification of types planned for subcontracting to SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns. Check all that apply below, ensuring that at least one item is indicated for each column. NOTE: If assistance is needed to locate small business sources, refer to your local Small Business Administration (SBA) Commercial Market Representative via https://www.sba.gov/content/cmr-directory, or access the System for Award Management (SAM) at https://www.sam.gov, or utilize SBA’s Dynamic Small Business Search at http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm. You may also post solicitations for small business opportunities on SBA’s SUB-Net at https://eweb1.sba.gov/subnet/search/index.cfm.

The principal types of supplies and/or services that [Fill-In Company Name] anticipates to be subcontracted and the identification of the type of business concern planned are as follows:

Business Category or Size

Business Small

Business

ATTACH ADDITIONAL SHEETS IF NECESSARY TO LIST A DESCRIPTION OF SUPPLIES AND SERVICES BEING SUBCONTRACTED AND TO WHAT CATEGORIES OF BUSINESS CONCERNS C. FAR 52.219-9(d)(4) requires a description of the method used to develop the subcontracting goals. Explain or state the basis for establishing your proposed goals (i.e., based on historical data and experience, market research, attended symposiums, and other types of Outreach events which helped establish subcontracting relationships, etc.).

[Fill-In Company Name] used the following method to develop the subcontracting goals:

D. FAR 52.219-9(d)(5) requires a description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, 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 SB, HUBZone, SDB, and WOSB trade associations). The contractor 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 SB, VOSB, SDVOSB, HUBZone, SDB, and WOSB source list. Use of SAM as a source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities).

[Fill-In Company Name] identifies potential subcontractors using the following source lists and organizations:

E. FAR 52.219-9(d)(6) requires a statement as to whether or not the contractor 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 SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns. NOTE: Indirect costs represent the expenses of doing business that are NOT directly identified with a specific project, facility, function, or product. Indirect costs may be fixed or variable, but some overhead costs can be directly attributed to a project and are direct costs.

Indirect costs _____HAVE BEEN (or) _____HAVE NOT BEEN included in the dollar and percentage subcontracting goals stated above.

If indirect costs HAVE been included, the method used to determine the proportionate share of indirect costs to be incurred with small business concerns was as follows:

IV. PROGRAM ADMINISTRATOR:

FAR 52.219-9(d)(7) requires the name of an individual employed by the contractor who will administer the contractor’s subcontracting program and a description of the duties of the individual. Add contact information for this person and provide an alternate point of contact, if applicable.

Name:

Title/Position:

Address:

City/State/Zip Code:

Telephone number:

Email Address:

Alternate POC with contact information:

Identify Program Administrator subcontracting duties below:

V. EQUITABLE OPPORTUNITY:

FAR 52.219-9(d)(8) requires a description of the efforts the contractor will make to assure that SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns have an equitable opportunity to compete for subcontracts.

[Fill-In Company Name] will make every effort to assure that SB, VOSB, SDVOSB, HUBZone, SDB and WOSB concerns have an equitable opportunity to compete for subcontracts activities: (Indicate which of the following apply or adapt a list to fit your company’s efforts)

A. Outreach efforts to obtain sources:

___ Contacting minority and small business trade associations

___ Contacting business development organizations

___ Requesting sources from the SAM, Dynamic Small Business Search, and/or SBA PRO-Net database

___ Attending small and minority business trade fairs and procurement conferences

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. Other Additional efforts: (Describe below)

VI. ASSURANCES OF CLAUSE INCLUSION AND FLOW DOWN:

FAR 52.219-9(d)(9) requires assurances that the contractor will include the FAR 52.219-8, Utilization of Small Business Concerns (see 19.708(a)), in all subcontracts that offer further subcontracting opportunities and that the contractor will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5M for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of FAR 52.219-9, Small Business Subcontracting Plan.

[Fill-In Company Name] agrees to include FAR 52.219-8, Utilization of Small Business Concerns, in all subcontracts that offer further subcontracting opportunities, and will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5M for construction of any public facility with further subcontracting possibilities) to adopt a plan that complies with the requirements of the clause at FAR 52.219-9, Small Business Subcontracting Plan.

VII.

REPORTING AND COOPERATION:

FAR 52.219-9(d)(10) requires assurances that the contractor will do the following:

[Fill-In Company Name] agrees to:

(10)(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 Contractor with the subcontracting plan;

(iii) 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;

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (1) of this clause using the Electronic Subcontracting Report System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(v) Ensure that subcontractors with subcontracting plans agree to submit the ISR and/or SSR using eSRS;

(vi) Provide its prime contract number, its DUNS number, and the email 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; and

(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the email address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

VIII.

RECORDKEEPING:

FAR 52.219-9(d)(11) requires 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 contractor’s efforts to locate SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns and award subcontracts to them.

[Fill-In Company Name] will maintain records concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of efforts to locate SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB 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), guides, and other data that identify SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns.

(ii) Organizations contacted in an attempt to locate sources that are SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB concerns.

(iii) Records on each subcontract solicitation resulting in an award of more than $150,000, 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.

(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.; and

(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. Contractors having commercial plans need not comply with this requirement.

VIIII.

GOOD FAITH EFFORTS:

FAR 52.219-9(d)(12) requires an assurance that the contractor will make good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that it used in preparing the proposal for the modification, in the same or greater scope, amount, and quality used in preparing and submitting the modification proposal. The offeror used a small business concern in preparing the modification if–

(i) The Contractor identifies the small business concern as a subcontractor in the proposal or associated small business subcontracting plan to furnish certain supplies or perform a portion of the subcontract; or

(ii) The Contractor used the small business concern’s pricing or cost information or technical expertise in preparing the proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work when the modification is executed.

_______ [Fill-In Company Name] used a subcontractor for proposal preparation or

_______ [Fill-In Company Name] did not use a subcontractor for proposal preparation

FAR 52.219-9(d)(13) requires an assurance that the contractor will provide 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 as described in paragraph FAR 52.219(d)(12). This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

(i) Provide written explanation if the Contractor fails to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work as described in paragraph FAR Clause 52.219(d)(12). This written explanation must be submitted to the Contracting Officer within 30 days of contract completion.

_______ [Fill-In Company Name] concurs

FAR 52.219-9(d)(14) requires an assurance 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.

(i) I will not __________(place initials of individual signing) prohibit a subcontractor from discussing with the Contracting Officer any material pertaining to the payment to or utilization of a subcontractor.

FAR 52.219-9(d)(15) requires an assurance 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.

(i) I will pay __________(place initials of individual signing) my small business subcontractors on time and in accordance with the terms and conditions of the underlying subcontract, and I will __________(place initials of individual signing) notify the Contracting Officer when the prime contractor makes either a reduced or an untimely payment to a small business subcontractor.

SIGNATURE PAGE

SIGNATURE REQUIRED: Plan must be signed and dated by an authorized company official to be considered valid.

This subcontracting plan was SUBMITTED by:

Signature:

Typed Name:

Company Title:

Date Signed:

Government Contracting Officer APPROVAL:

Signature:

Printed Name:

Agency:

Contract Number:

�Do we change this to "Ten-Year" or leave at 5-year since base is 5-years?