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1.4 52.219-9
SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN
(JAN 1991)
(a)
This clause does not apply to small business concerns.
(b)
"Commercial product,"
as used in this clause, means
a product
in
regular production that
is sold in substantial quantities to the general
public and/or industry at established catalog or market prices.
It also
means
a product which,
in the opinion of the Contracting Officer,
differs
only insignificantly from the Contractor's commercial product.
"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.
(c)
The offeror,
upon request by the Contracting Officer,
shall submit
and negotiate
a subcontracting plan, where applicable,
which separately
addresses subcontracting with small business concerns' and with small
disadvantaged business concerns.
If the offeror is submitting an
individual contract plan,
the plan must separately address subcontracting
with small business concerns and with small disadvantaged 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 concerns and small
disadvantaged 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.
(2) A statement of—
/
(i)
Total dollars planned to be subcontracted;
(ii)
Total dollars planned to be subcontracted to small business
concerns;
and
( iii)
Total dollars planned to be subcontracted to small
disadvantaged 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 and
(ii)
small
disadvantaged business concerns.
(4) A description of the method used to develop the subcontracting
goals
in
(1)
above.
(5) A description of the method used to identify potential sources
for
solicitation purposes
(e.g.,
existing company source lists,
the
Procurement Automated Source System
(PASS)
of the Small Business
Administration,
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 and small disadvantaged business concerns trade associations).
(6) A statement as to whether or not the offeror included indirect
costs
in establishing subcontracting goals,
and a description of the
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method us§d to determine the proportionate share of indirect costs to be
incurred with
(i)
small business concerns and
(ii)
small disadvantaged
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 concerns and small disadvantaged business concerns have
an equitable opportunity to compete for subcontracts.
(9) Assurances that the offeror will include the clause in this
contract entitled "Utilization of Small Business Concerns and Small
Disadvantaged Business Concerns"
in all subcontracts that offer further
subcontracting opportunities,
and that the offeror will require all
subcontractors
(except small business concerns) who receive subcontracts
in excess of $500,000
($1,000,000 for construction of any public
facility),
to adopt a plan similar to the plan agreed to by the offeror.
(10)
Assurances that the offeror will
(i)
coopera’te
in any studies or
surveys as may be required,
(ii)
submit periodic reports
in order to
allow the Government to determine the extent of compliance by the
offeror with the subcontracting plan,
(iii)
submit Standard Form
(SF)
294,
Subcontracting Report for Individual Contracts,
and/or SF 295,
Summary Subcontract Report,
in accordance with the instructions on the
forms,
and
(iv)
ensure that
its subcontractors agree to submit Standard
Forms 294 and 295.
(11) A recitation of the types of records the offeror will maintain to
demonstrate procedures that have been adopted to comply with the
requirements and goals
in the plan,
including establishing source lists;
and
a description of
its efforts to locate small and small disadvantaged
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,
guides,
and other data that identify small and
small disadvantaged business concerns.
(ii)
Organizations contacted in an attempt to locate sources that
/
are small or small disadvantaged business concerns.
(iii)
Records on each subcontract solicitation resulting in an award
of more than $100,000,
indicating
(A) whether small business concerns
were solicited and if not,
why not,
(B)
whether small disadvantaged
business concerns were solicited and
if not,
why not,
and
(C)
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,
and
(C)
conferences and trade fairs to locate small and small disadvantaged
business sources.
(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 programs '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
company or division-wide annual plans need not comply with this
requirement.
(e)
In order to effectively implement this plan to the extent
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consistent with efficient contract performance,
the Contractor shall
perform the following functions:
(1) Assist small business and small disadvantaged 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 and small disadvantaged 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 and small disadvantaged business concerns
in all
"make-or-buy " decisions
(3)
Counsel and discuss subcontracting opportunities with
representatives of small and small disadvantaged business
firms.
(4)
Provide notice to subcontractors concerning penalties and remedies
for misrepresentations of business status
as small business or small
disadvantaged 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.
(f) A master subcontracting plan on a plant or division-wide basis which
contains all the elements required by
(d)
above,
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
approved,
(2)
the offeror provides copies of the approved master plan and
evidence of its approval to the Contracting Officer,
and
(3)
goals and any
deviations from the master plan deemed necessary by the Contracting
Officer to satisfy the requirements of this contract are set forth
in the
individual subcontracting plan.
(g)
(1)
If
a commercial product
is offered,
the subcontracting plan
required by this clause may relate to the offeror's production generally,
for both commercial and noncommercial products,
rather than solely to the
Government contract.
In these cases,
the offeror shall, with the
concurrence of the Contracting Officer,
submit one company-wide or
division-wide annual plan.
,
(2)
The annual plan shall be reviewed for approval by the agency
awarding the offeror its first prime contract requiring a subcontracting
plan during the fiscal year,
or by an agency satisfactory to the
Contracting Officer.
(3)
The approved plan shall remain
in effect during the offeror's
fiscal year for all of the offeror's commercial products.
(h)
Prior compliance of the offeror with other such subcontracting plans
under previous contracts will be considered by the Contracting Officer in
determining the responsibility of the offeror for award of the contract.
(i)
The failure of the Contractor or subcontractor to comply in good
faith with
(1)
the clause of this contract entitled "Utilization of Small
Business Concerns and Small Disadvantaged Business Concerns," or
(2)
an
approved plan required by this clause,
shall be a material breach of the
contract.
(End of clause)
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1.5 252.219-7003,
SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN
(DOD
CONTRACTS)
(DEC 1991)
This clause supplements the Federal Acquisition Regulation 52.219-9,
Small Business and Small Disadvantaged Business Subcontracting Plan,
clause
of this contract.
(a)
Definitions.
"Historically black colleges and universities,"
as used
in this clause, means institutions determined by the Secretary of Education
to meet the requirements of 34 CFR section 608.2.
"Minority institutions,"
as used
in this clause,
means institutions
meeting the requirements of paragraphs
(3),
(4),
and
(5)
of section 312(b)
of the Higher Education Act of
1965
(20 U.S.C.
1058).
The term also means
any nonprofit research institution that was an integral part of
a
historically black college or university before November
14,
1986.
(b)
Except
for company or division-wide commercial products
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 section 832 of the FY90 DoD
Authorization Act,
Pub*
L.
101-189.
(d)
The master plan approval referred to
in paragraph
(f)
of the FAR
52.219-9 clause
is approval by the Contractor's cognizant contract
administration activity.
(End of clause)
1.6 52.222-2
PAYMENT FOR OVERTIME PREMIUMS
(JUL 1990)
(a)
The use of overtime
is authorized under this contract
if the
overtime premium does not exceed
or the overtime premium is paid
for work
(1)
Necessary to cope with emergencies such as those resulting from
accidents,
natural disasters,
breakdowns of production equipment,
or
occasional production bottlenecks of
a sporadic nature;
(2)
By indirect-labor employees such as those performing duties in
connection with administration,
protection,
transportation,
maintenance,
standby plant protection,
operation of utilities,
or accounting;
(3)
To perform tests,
industrial processes,
laboratory procedures,
loading or unloading of transportation conveyances,
and operations
in
flight or afloat that are continuous
in nature and cannot reasonably be
interrupted or completed otherwise;
or
(4)
That will result
in lower overall costs to the Government.
(b) Any request
for estimated overtime premiums that exceeds the amount
specified above shall include all estimated overtime for contract
completion and shall
(1)
Identify the work unit;
e.g.,
department or section in which the
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