W91QF411C0020Install300PairCable.doc

Section B - Supplies or Services and Prices

INSTALL 300 PR COPPER ALONG BIDDLE AVE.

FFP

INSTALL 300 PR COPPER ALONG BIDDLE AVE.

FOB: Destination

PURCHASE REQUEST NUMBER: 0010074466

ACRN AA

CIN: GFEBS001007446600001

$38,413.00

BONDING

FFP

BONDING

PURCHASE REQUEST NUMBER: 0010074466

ACRN AA

CIN: GFEBS001007446600002

$562.00

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

DESCRIPTION & SPECIFICATIONS

The Statement of Work, Specifications and Wage Determination for this project are included as an attachment. The Contract Line Item(CLINs) and Sub CLINs are available for pricing and they are located in Section B of this solicitation.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

LVDIS COX LELAND

CONTRACT ADMIN

ATTN ATZL-GCD-EE

BLDG 85 820 MCCLELLAN AVE

FORT LEAVENWORTH KS 66027

913-684-8961

W90F2S

W90F2S

CLAUSES INCORPORATED BY FULL TEXT

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within 15 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 45 calendar days. The time stated for completion shall include final cleanup of the premises.

(End of clause)

Section G - Contract Administration Data

ACCOUNTING AND APPROPRIATION DATA

AA: 0212011201120200000113132254 209472.04 6100.9000021001

COST CODE: A2AER

AMOUNT: $38,975.00

CIN GFEBS001007446600001: $38,413.00

CIN GFEBS001007446600002: $562.00

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

(a) Definitions. As used in this clause--

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

Section H - Special Contract Requirements

LOCAL INSTRUCTIONS

1. WAGE DETERMINATION

A copy of Wage Determination Number as contained in the Register of Wage Determinations is applicable to this order may be accessed at: http://www.WDOL.gov

2. WIDE AREA WORK FLOW (WAWF)

ELECTRONIC INVOICING: Invoices shall be submitted in accordance with DFARS

252.232-7003, Electronic Submission of Payment requests. The DODAAC for the

“Ship To” address is W904WL. Contractors are to follow directions on the DFAS, Wide

Area Work Flow System website, reference https://wawf.eb.mil <https://wawf.eb.mil/>

3. RESPONSIBILITY FOR ADMINISTRATION OF CONTRACT

a. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer alone is authorized to the extent indicated in the contract to take action on behalf of the government which results in changes in the terms of the contract, including deviations from specifications, details and delivery schedules. Communications pertaining to contractual administrative matters will be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer. Delivery/Task orders will be issued by the Contract Administration Division.

b. No oral statement of any person will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract, and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer.

c. All matters pertaining to Government administration of this contract should be directed to:

ATTN: JAMES D. JOHNSON

MICC-LEAVENWORTH

535 KEARNEY ROAD, ROOM 108

FORT LEAVENWORTH, KS 66027-1417

TELEPHONE NUMBER: (913) 684-1624

FAX NUMBER: (913) 684-1610

EMAIL ADDRESS: james.d.johnson13@us.army.mil

4. PRECONSTRUCTION CONFERENCE

A Preconstruction Conference will be scheduled by the Contracting Officer after contract award and prior to the time and date set for commencement of work. The meeting will be held at Fort Leavenworth. At this meeting, the Contractor will be oriented with respect to Government procedures and lines of authority, as well as contractual, administrative, and construction matters. The Contractor is required to furnish a current Certificate of Insurance, Site specified Safety Plan and a letter appointing a construction superintendent at the meeting.

5. RESTRICTIVE USE OF CAMERAS, VIDEOS, AND DIGITAL CAMERA DEVICES

Installation security measures prohibit prospective bidders and contractors from taking pictures and/or videos on Post unless prior permission is sought and received from the Contracting Officer. Permission may be sought by contacting the Contracting Officer verbally or in writing. Use of cameras or other picture taking devices without proper approval may be considered a violation of Installation Security and prosecution of such violations may be subsequently induced.

6. RESTRICTED ACCESS TO MILITARY INSTALLATION

COOPERATION WITH FORCE PROTECTION MEASURES

A. The work to be performed under this contract is located on the Fort Leavenworth military installation. As of January 1, 2002, the installation will institute 100% controlled access. Controlled access means there will be military police located at the entry gates. Vehicles entering the installation may be subject to stop and search procedures. At times of increased security alerts, control may be increased or access may be restricted completely. Some gates may be closed during periods of the day or night.

B. The Contractor may be responsible for furnishing to each employee, and for requiring each employee engaged on the work, to display or possess identification as may be approved and directed by the Contracting Officer. All prescribed identification shall immediately be delivered to the Contracting Officer for cancellation upon the release of any employee.

C. Contractors shall obtain a vehicle registration pass for each contractor vehicle and for each contractor-employee’s private vehicle brought onto the installation. To register a vehicle, the operator will be required to provide proof of vehicle registration, driver’s license and proof of insurance. Passes issued to contractors and their employees are valid for 90 days and must be renewed upon expiration.

D. Prior to vehicle registration, contractors shall provide a roster of all employees’ names who will access the Fort during the performance of the contract. That roster shall be provided to the Contracting Officer and to the PMO. That roster shall be subsequently updated by the contractor as changes occur and provided to the Contracting Officer and to the PMO.

E. The contractor agrees to abide by and cooperate with Force Protection measures that are implemented on the military installation.

7. COMPLIANCE WITH ENVIRONMENTAL AND OCCUPATIONAL SAFETY AND HEALTH LAWS

A. The Contractor understands the responsibility for compliance with federal, state, and local laws, rules, and regulations pertaining to environmental protection, occupational health and safety, and transportation, storage, and disposal of hazardous materials and hazardous waste is the sole responsibility of the contractor. This shall include, but not be limited to: all responsibilities of an "owner or operator" of all equipment used by the Contractor and of the areas in which work is being done from the time when the Contractor begins work until the work is accepted and the worksite cleaned up and cleared, and the sole responsibility for compliance with all Army regulations pertaining to hauling and disposal of materials, as well as all federal and Kansas laws and local ordinances regulating the hauling and disposal of hazardous materials and hazardous waste. This clause is meant to supplement, not replace, any requirements pertaining to compliance with the law or safety requirements contained elsewhere in this contract.

B. The Contractor shall be solely responsible for all costs of compliance with all such laws, rules, and regulations, to include all training of personnel, submission of permit and license applications, purchases of materials, payment of applicable fees and taxes, and payment of fines and penalties for noncompliance. The U.S. Government shall not pay fines or penalties resulting from noncompliance, and shall not pay fees required to maintain and process required records or permit applications necessary to perform this contract. Should the Government choose to do so, it may, but does not have to, correct violations of environmental and occupational and safety laws which the Contractor fails to correct after reasonable notice; if the Government chooses to correct the violation(s), as apposed to having the Contractor do so, the Contractor shall reimburse to the Government all direct and indirect costs of correcting the violation(s).

C. The Contractor understands that compliance with all environmental and occupational safety and health laws is a part of this contract to which the Government is entitled to strict compliance. The Contractor understands it has no authority to dispose of government waste in absence of the necessary regulatory authorizations. The Contractor further agrees to notify the Government if the Contractor is (1) cited as being in violation of federal, state, or local waste disposal regulations; or (2)loses its authority to haul or dispose of waste under federal or state laws. Delays caused by the Contractor's need to comply with such laws, or resulting from failure to comply with such laws, shall not result in any equitable adjustments or claims under this contract nor excuse the Contractor's obligation to complete the work under the contract.

D. The Contractor shall notify the Contracting Officer immediately upon discovery of exposure to lead, other hazardous waste or substances, or asbestos to the air, land, or water in any location in which the Contractor is required by law to report the exposure to a regulatory agency. In the event that such exposure is the result of any action of the Contractor, the Contractor will cease work immediately and notify the Contracting Officer. The Contractor understands that there will be no equitable adjustment for time lost or expenses incurred as a result of the need to correct any such exposure which is the result of negligent or intentional acts of Contractor personnel.

E. The Contracting Officer or a designated Contracting Officer's Representative shall be allowed access to Contractor files and Contractor's personnel files as they see fit to ensure compliance with this clause. All regulatory agencies, from any level of government, whose responsibilities includes inspection and appropriate other action shall be allowed to inspect the worksite to the extent necessary to carry out their responsibilities. A copy of this clause, without changes, shall be inserted into any subcontracts. Performance of the subcontractor, to include compliance with this clause, shall be the responsibility of the Contractor.

F. If any Hazardous Waste (HW) is generated during the course of the project, the contractor will be responsible for the proper disposal and payment of all HW IAW 40 CFR, 49 CFR and Kansas Department of Health and Environment (KDHE) Chapter 65 Article 34 and Article 31.

The contractor will provide all containers required to ship any HW using only approved UN shipping containers for the type of waste being shipped.

Ft. Leavenworth Environmental will be notified when any containers are opened for use and will provide labeling using the HMMS HW tracking system.

The contractor will be liable for all fines and notice of violations (NOV's) which may occur from either the EPA or KDHE for improper handling of any HW.

Ft. Leavenworth Environmental are the only persons designated to sign any HW manifests, a copy of all shipments of HW that will require a Bill of Lading will be reviewed by and given to the Environmental Office.

REQUIREMNTS CONTRACTOR MUST

COMPLY WITH PRIOR

TO SHIPMENT OF HAZARDOUS WASTE

Many contracts onboard Ft. Leavenworth require the contractor to ship his hazardous waste from the post. Prior to shipment, there are a few items that are required prior to Ft. Leavenworth Environmental signing the manifest and releasing the items for transport. These requirements are listed below and must be given to the base environmental at a minimum of 2 working days prior to the desired shipping date.

· A licensed transporter must transport waste.

· Waste must go to a permitted facility.

· Waste must be properly packaged and labeled IAW 40/49 CFR.

· Copy of the analysis for the waste/s going out.

· Copy of the profile.

· Letter from disposal facility allowing the waste and profile to be accepted at their facility.

· Copy of Manifest

· Copy of any land disposal restrictions (LDR).

These items can be faxed to (913) 684-8978 Attn. HW Manager or hand delivered to the Environmental Division for approval.

The following information will be needed on the manifest:

· Block 1 generators EPA ID number KS4213720499

· Block 5 generators name and address

US Army Combined Arms CTR and Ft. Leavenworth

810 McClellan Ave

Ft. Leavenworth, KS 66027

· Generators phone (913) 684-8975

8. SAFETY AND ACCIDENT PREVENTION

In performing work under this contract the Contractor shall--

A. Conform to the specific safety requirements established by this contract;

B. Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract;

C. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of Contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and

D. Take such additional immediate precautions as the Contracting Officer may reasonably require for safety and accident prevention purposes.

The installation Safety Officer will be responsible for monitoring the Contractor in the area of safety and accident prevention.

9. SAVE HARMLESS AND INDEMNITY AGREEMENT

The contractor shall save and keep harmless and shall indemnify the government against any and all liability, claims, demands and costs, of whatever kind and nature, for injury to or death of any person or persons and for loss or damage to any property (government or otherwise) occurring in connection with or in any way incident to or arising out of performance by the contractor. The contracting agency has discretion to offer for competition a proposed contract that imposes maximum risks on the contractor and minimum burdens on the agency.

10. LEGAL PUBLIC HOLIDAYS (4516)

The following is a list of legal public holidays, which is provided for informational purposes in which the government will not be open for business.

New Year's Day....................1 January

Martin Luther King's Birthday... .third Monday in January

Presidents' Day...................third Monday in February

Memorial Day......................last Monday in May

Independence Day..................4 July

Labor Day.........................first Monday in September

Columbus Day......................second Monday in October

Veterans' Day.....................11 November

Thanksgiving Day..................fourth Thursday in November

Christmas Day.....................25 December

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday.

11. KANSAS SALES AND USE TAX

Notwithstanding any other provisions of the contract, the contract price excludes the Kansas retailer's sales tax and compensating (use) tax on all sales of tangible personal property or services purchased by the Contractor or subcontractors for the erection, repair, or enlargement of buildings or other projects called for by this contract. In accordance with Kan. Stats. Anno., Sec 79-3606(e), the Contracting Officer will obtain from the State and furnish to the Contractor an exemption certificate for this project for the use by the Contractor and subcontractors in the purchase of materials for incorporation in the project and of services. The Contractor and the subcontractors shall furnish the number of such certificate to all suppliers from whom such purchases are made, and the suppliers shall execute invoices covering the same bearing the number of such certificate. Pursuant to a 1977 amendment to K.S.A., 1976 Supp., 79-3606(e), effective 1 July 1977, the Contractor is required to retain all invoices for a period of 5 years during which time these invoices are subject to audit by the Kansas Director of Taxation. Upon completion of the project, the Contractor shall complete the Project Completion Certificate (Form STD 77, REV. 6/77) in duplicate, returning one copy to the Contracting Officer, and forwarding the other to the Kansas Director of Taxation.

12. CONDUCT OF EMPLOYEES

The contractor is fully responsible for the performance and conduct of his employees at all times while on post performing under this contract. The contractor shall not allow any employee to perform work under this contract while under the influence of alcohol, drugs, or any other incapacitating agent. Military police and other law enforcement personnel on post have the right to deny entry to post or remove from post any contractor employee for misconduct which endangers the health or safety of people or property or for reasons of security. In addition, the Post Commander may bar any individual from entering the post under the authority of 18 U.S.C. 1382. Removal from post of a contractor employee in accordance with the above shall not relieve the contractor from the requirements to meet all of the terms and conditions of the contract; nor shall such removal be grounds for the contractor to file a claim.

13. ADVERTISING ON CONTRACTOR VEHICLES

Advertising displayed on Contractor vehicles is permitted provided that the advertising is so worded as not to imply Army or United States Government approval or sanction of the advertised service and is not embarrassing or detrimental to the Government.

WAWF

Contractor shall submit payment request using the following method(s) as mutually agreed to by the Contractor, the Contracting Officer, the contract administration office, and the payment office.

[ XX ] Wide Area Workflow (WAWF) (see instructions below)

[ ] Web Invoicing System (WInS) (https://ecweb.dfas.mil)

[ ] American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats (http://www.X12.org and http://www.dfas.mil/ecedi)

[ ] Other (please specify)_______________________

DFAS POC and Phone: _________________________

WAWF is the preferred method to electronically process vendor request for payment. This application allows DOD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. Contractors electing to use WAWF shall (i) register to use WAWF at https://wawf.eb.mil and (ii) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract/order.

WAWF Instructions

Questions concerning payments should be directed to the

Defense Finance and Accounting Service (DFAS )Indianapolis Center DNO Vender Pay Division

Dept 3800, 8899 56th St

Indianapolis, IN 46249-3800

Please have your purchase order/contract number ready when calling about payments.

You can easily access payment and receipt information using the DFAS web site at http://www.dfas.mil/money/vendor. Your purchase order/contract number or invoice number will be required to inquire about the status of your payment.

The following codes and information will be required to assure successful flow of WAWF documents.

TYPE OF DOCUMENT

[ ] Commercial Item Financing

[ XX] Construction Invoice (Contractor Only)

[ ] Invoice (Contractor Only)

[ ] Invoice and receiving Report (COMBO)

[ ] Invoice as 2-in-1 (Services only)

[ ] Performance Based Payment (Government Only)

[ ] Progress Payment (Government Only)

[ ] Cost Voucher (Government Only)

[ ] Receiving Report (Government Only)

[ ] Receiving Report with Unique Identification (UID) Data (Government Only)

UID is a new globally unique “part identifier” containing data elements used to track DOD parts through their life cycle.

[ ] Summary Cost Voucher (Government Only)

CAGE CODE: 1UNF2

ISSUE BY DODAAC: W91QF4

ADMIN BY DODAAC: W91QF4

INSPECT BY DODAAC: W90F2S

ACCEPT BY DODAAC: W90F2S

SHIP TO DODAAC: W90F2S

LOCAL PROCESSING OFFICE DODAAC: n/a

PAYMENT OFFICE FISCAL STATION CODE: HQ0490

EMAIL POINTS OF CONTACT LISTING:

INSPECTOR: john.salas@us.army.mil ACCEPTOR: Leland.cox@us.army.mil

RECEIVING OFFICE POC: johns.salas@us.army.mil CONTRACT ADMINISTRATOR: Curt.cummins@us.army.mil CONTRACTING OFFICER: Curt.cummins@us.army.mil ADDITIONAL CONTACT: n/a

For more information contact: Curt Cummins (913) 684-1636

CLAUSES INCORPORATED BY FULL TEXT

252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)

(a) The Government will provide to the Contractor, without charge, one set of contract drawings and specifications, except publications incorporated into the technical provisions by reference, in electronic or paper media as chosen by the Contracting Officer.

(b) The Contractor shall--

(1) Check all drawings furnished immediately upon receipt;

(2) Compare all drawings and verify the figures before laying out the work;

(3) Promptly notify the Contracting Officer of any discrepancies;

(4) Be responsible for any errors that might have been avoided by complying with this paragraph (b); and

(5) Reproduce and print contract drawings and specifications as needed.

(c) In general--

(1) Large-scale drawings shall govern small-scale drawings; and

(2) The Contractor shall follow figures marked on drawings in preference to scale measurements.

(d) Omissions from the drawings or specifications or the misdescription of details of work that are manifestly necessary to carry out the intent of the drawings and specifications, or that are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the work. The Contractor shall perform such details as if fully and correctly set forth and described in the drawings and specifications.

(e) The work shall conform to the specifications and the contract drawings identified on the following index of drawings:

Attachment 1 – Statement of Work

Attachment 2 – Drawing

Attachment 3 – Technical Guide (End of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

(a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the 1996 National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may--

(1) Cancel the solicitation, if the contract has not yet been awarded or issued; or

(2) Rescind the contract with respect to which--

(i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27(a) or (b) of the Act for the purpose of either--

(A) Exchanging the information covered by such subsections for anything of value; or

(B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or

(ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting for the Contractor has engaged in conduct constituting an offense punishable under subsections 27(e)(1) of the Act.

(b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract.

(c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract.

(End of clause)

52.211-12 LIQUIDATED DAMAGES--CONSTRUCTION (SEP 2000)

(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of $597.64 for each calendar day of delay until the work is completed or accepted.

(b) If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.

(End of clause)

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (JAN 2011)

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause--

“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that 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).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, 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 plan” means a subcontracting plan that contains 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.

“Subcontract” 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.

(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business concerns, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and with women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.

(d) The offeror’s subcontracting plan shall include the following:

(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror 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. In accordance with 43 U.S.C. 1626:

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.

(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of --

(i) 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;

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

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

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

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to --

(i) Small business concerns,

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns, and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Central Contractor Registration database (CCR), 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 small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in CCR as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of CCR as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the offeror 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 --

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $650,000 ($1.5 million for construction of any public facility with further subcontracting possibilities) to adopt a plan similar to the plan that complies with the requirements of this clause.

(10) Assurances that the offeror will --

(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 offeror with the subcontracting plan;

(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting 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 the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

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

(v) Provide its prime contract number, its DUNS 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; and

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

(11) 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 offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business 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., CCR), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.

(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business 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 organizaions.

(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.

(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:

(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.

(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting SBA.

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract.

(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided --

(1) The master plan has been…