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(Revised February 28, 2013)

 



 252.219-7000 Reserved.
 252.219-7001 Reserved.
 252.219-7002 Reserved.
 252.219-7003 Small Business Subcontracting Plan (DoD Contracts).
 252.219-7004 Small Business Subcontracting Plan (Test Program).
 252.219-7005 Reserved.
 252.219-7006 Reserved.
 252.219-7007 Reserved.
 252.219-7008 Reserved.
 252.219-7009 Section 8(a) Direct Award.
 252.219-7010 Alternate A.
 252.219-7011 Notification to Delay Performance.


252.219-7000  Reserved.

 

252.219-7001  Reserved.

 

252.219-7002  Reserved.

 

252.219-7003  Small Business Subcontracting Plan (DoD Contracts).

As prescribed in 219.708(b)(1)(A)(1), use the following clause:

 

SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (AUG 2012)

 

This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.

 

      (a)  Definitions.  As used in this clause—

 

              “Historically black colleges and universities,” means institutions determined by the Secretary of Education to meet the requirements of 34 CFR Section 608.2.  The term also means any nonprofit research institution that was an integral part of such a college or university before November 14, 1986.

 

              “Minority institutions,” means institutions meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3)).  The term also includes Hispanic-serving institutions as defined in Section 316(b)(1) of such Act (20 U.S.C. 1059c(b)(1)).

 

              “Summary Subcontract Report (SSR) Coordinator,” means the individual at the department or agency level who is registered in eSRS and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the department or agency.

 

      (b)  Except for company or division-wide commercial items subcontracting plans, the term “small disadvantaged business,” when used in the FAR 52.219-9 clause, includes historically black colleges and universities and minority institutions, in addition to small disadvantaged business concerns.

 

      (c)  Work under the contract or its subcontracts shall be credited toward meeting the small disadvantaged business concern goal required by paragraph (d) of the FAR 52.219-9 clause when:

 

              (1)  It is performed on Indian lands or in joint venture with an Indian Tribe or a Tribally-owned corporation, and

 

              (2)  It meets the requirements of 10 U.S.C. 2323a.

 

      (d)  Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor’s small business subcontracting goal.

 

      (e)  A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded—


              (1)  Protege firms which are qualified organizations employing the severely disabled; and

 

              (2)  Former protege firms that meet the criteria in Section 831(g)(4) of Public Law 101-510.

 

      (f)  The master plan is approved by the Contractor's cognizant contract administration activity.

 

      (g)  In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan.  Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract.  Contractor-specified formats shall be acceptable.

 

      (h) (1)  For DoD, the Contractor shall submit reports in eSRS as follows:

 

                    (i)  The Individual Subcontract Report (ISR) shall be submitted to the  contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.  

 

                    (ii)  An SSR for other than a commercial subcontracting plan, or construction and related maintenance repair contracts, shall be submitted in eSRS to the department or agency within DoD that administers the majority of the Contractor’s individual subcontracting plans.   An example would be Defense Finance and Accounting Service or Missile Defense Agency.

 

      (2)  For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:

 

                    (i)  The authority to acknowledge receipt or reject the ISR resides with the  contracting officer who receives it, as described in paragraph (h)(1)(i) of this clause.        

 

                   ( ii)  Except as provided in (h)(2)(iii), the authority to acknowledge receipt or reject SSRs in eSRS resides with the SSR Coordinator at the department or agency that administers the majority of the Contractor’s individual subcontracting plans.

 

                   (iii)  The authority to acknowledge receipt or reject SSRs for construction and related maintenance and repair contracts resides with the SSR Coordinator for each department or agency.

         

                    (iv)  The authority to acknowledge receipt or reject the Year-End Supplementary Report for Small Disadvantaged Businesses resides with the SSR Coordinator who acknowledges receipt or rejects the SSR.

 

                     (v)   If the Contractor submits the Small Disadvantaged Business Participation report using eSRS, the authority to acknowledge receipt or reject this report in eSRS resides with the contracting officer who acknowledges receipt  or rejects the ISR.  

 

(End of clause)

 

Alternate I (OCT 2010)

As prescribed in 219.708 (b)(1)(A)(2), substitute the following paragraph (h)(1) (i) for (h)(1)(i) in the basic clause:

 

      (h)(1) (i)  The Standard Form 294 Subcontracting Report for Individual Contracts shall be submitted in accordance with the instructions on that form; paragraph (h)(2)(i) is inapplicable. 

 

252.219-7004  Small Business Subcontracting Plan (Test Program).

As prescribed in 219.708(b)(1)(B), use the following clause:

 

SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (JAN 2011)

 

      (a)  Definitions. 

 

      “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.

 

      “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.

 

 

      (b)  The Contractor’s comprehensive small business subcontracting plan and its successors, which are authorized by and approved under the test program of section 834 of Pub. L. 101-189, as amended, shall be included in and made a part of this contract. Upon expulsion from the test program or expiration of the test program, the Contractor shall negotiate an individual subcontracting plan for all future contracts that meet the requirements of section 211 of Pub. L. 95-507.

 

      (c)  The Contractor shall ¾

 

             (1) Ensure that subcontractors with subcontracting plans agree to submit an Individual Subcontract Report (ISR) and/or Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS).

 

              (2) Provide its contract number, its DUNS number, and the e-mail address of the Contractor’s official responsible for acknowledging or rejecting the ISR to all first-tier subcontractors, who will be required to submit ISRs, so they can enter this information into the eSRS when submitting their reports.

 

              (3) 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 or rejecting the ISRs to its subcontractors with subcontracting plans who will be required to submit ISRs.

 

            (4)  Acknowledge receipt or reject all ISRs submitted by its subcontractors using eSRS.

 

(d)  The Contractor shall submit SSRs using eSRS at http://www.esrs.gov .  The reports shall provide information on subcontract awards to small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, women-owned small business concerns, and Historically Black Colleges and Universities and Minority Institutions.  Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports.  Subcontract award data reported by prime contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors.   Credit cannot be taken for awards made to lower-tier subcontractors unless the Contractor or subcontractor has been designated to receive a small business or small disadvantaged business credit from a member firm of the Alaska Native Corporations or an Indian tribe. Only subcontracts involving performance in the U.S. or its outlying areas should be included in these reports.

 

              (1) This report may be submitted on a corporate, company, or subdivision (e.g., plant or division operating as a separate profit center) basis, as negotiated in the comprehensive subcontracting plan with the Defense Contract Management Agency.

 

              (2) This report encompasses all subcontracting under prime contracts and subcontracts with the Department of Defense, regardless of the dollar value of the subcontracts, and is based on the negotiated comprehensive subcontracting plan. 

 

              (3) The report shall be submitted semi-annually for the six months ending March 31 and the twelve months ending September 30.   Reports are due 30 days after the close of each reporting period.

 

              (4) The authority to receipt or reject the SSR resides with the Comprehensive Subcontracting Program Division, the Defense Contract Management Agency Small Business Center.

     

      (e) All reports submitted at the close of each fiscal year shall include a Year-End Supplementary Report for Small Disadvantaged Businesses.   The report shall include subcontract awards, in whole dollars, to small disadvantaged business concerns by North American Industry Classification System (NAICS) Industry Subsector.    If the data are not available when the year-end SSR is submitted, the prime Contractor and/or subcontractor shall submit the Year-End Supplementary Report for Small Disadvantaged Businesses within 90 days of submitting the year-end SSR.   The authority to acknowledge receipt or reject the Year-End Report resides with the Comprehensive Subcontracting Program Division, the Defense Contract Management Agency Small Business Center.

     

      (f)  The failure of the Contractor or subcontractor to comply in good faith with the clause of this contract entitled “Utilization of Small Business Concerns,” or an approved plan required by this clause, shall be a material breach of the contract.

 

      (g)  The Contractor shall include, in contracts that offer subcontracting possibilities, are expected to exceed $650,000 ($1.5 million for construction of any public facility), and are required to include the clause at 52.219-8, Utilization of Small Business Concerns –

 

            (1)  FAR 52.219-9, Small Business Subcontracting Plan, and 252.219-7003 Small Business Subcontracting Plan (DoD Contracts), when the Contracting Officer has included these clauses in the contract for purposes of flowdown to subcontractors, or

 

              (2) 52.219-9, Small Business Subcontracting Plan, with its Alternate III, and 252.219-7003  Small Business Subcontracting Plan (DoD Contracts), with its Alternate I, when the Contracting Officer has included these clauses in the contract for flowdown to subcontractors to allow for submission of SF 294s in lieu of ISRs, or

 

              (3)  252.219-7004 Small Business Subcontracting Plan (Test Program), in subcontracts with subcontractors that participate in the test program described in DFARS 219.702.

 

 

(End of clause)

 

252.219-7005  Reserved.

 

252.219-7006  Reserved.

 

252.219-7007  Reserved.

 

252.219-7008  Reserved.

 

252.219-7009  Section 8(a) Direct Award.

As prescribed in 219.811-3(1), use the following clause:

 

SECTION 8(a) DIRECT AWARD (SEP 2007)

 

      (a)  This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.  Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program.  The cognizant SBA district office is:

 

________________________________________

________________________________________

________________________________________

________________________________________

[To be completed by the Contracting Officer
at the time of award]

 

      (b)  The contracting office is responsible for administering the contract and for taking any action on behalf of the Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract.  The contracting office also shall coordinate with the SBA prior to processing any novation agreement.  The contracting office may assign contract administration functions to a contract administration office.

 

      (c)  The 8(a) Contractor agrees that¾

 

              (1)  It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA’s 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish ownership or control of the concern.  Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and

 

              (2)  It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.

 

(End of clause)

 

252.219-7010  Alternate A.

 

ALTERNATE A  (JUN 1998)

 

As prescribed in 219.811-3(2), substitute the following paragraph (c) for paragraph (c) of the clause at FAR 52.219-18:

 

      (c)  Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

 

252.219-7011  Notification to Delay Performance.

As prescribed in 219.811-3(3), use the following clause:

 

NOTIFICATION TO DELAY PERFORMANCE (JUN 1998)

 

The Contractor shall not begin performance under this purchase order until 2 working days have passed from the date of its receipt.  Unless the Contractor receives notification from the Small Business Administration that it is ineligible for this 8(a) award, or otherwise receives instructions from the Contracting Officer, performance under this purchase order may begin on the third working day following receipt of the purchase order.  If a determination of ineligibility is issued within the 2-day period, the purchase order shall be considered canceled.

 

(End of clause)

 

 

 


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