Federal Acquisition Regulation 52.219–9 - GPO

1 Federal Acquisition Regulation 9. Registration (CCR) database or by con- Native Claims Settlement Act (43 tacting the SBA. Options for contacting the 1601 et seq.), that is recognized by the Federal SBA include Government as eligible for services from the (i) HUBZone small business database Bureau of Indian Affairs in accordance with search application Web page at http:// 25 1452(c). This definition also includes Indian-owned economic enterprises that ; or meet the requirements of 25 1452(e). hubzone; Individual contract plan means a subcon- (ii) In writing to the Director/HUB, tracting plan that covers the entire contract small business Administration, 409 3rd period (including option periods), applies to Street, SW., Washington DC 20416; or a specific contract, and has goals that are (iii) The SBA HUBZone Help Desk at based on the offeror's planned subcon- tracting in support of the specific contract, except that indirect costs incurred for com- (End of clause) mon or joint purposes may be allocated on a prorated basis to the contract.

2 [63 FR 70275, Dec. 18, 1998, as amended at 64 Master plan means a subcontracting plan FR 3196, Jan. 20, 1999; 64 FR 10549, Mar. 4, that contains all the required elements of an 1999; 64 FR 32749, June 17, 1999; 64 FR 36224, individual contract plan, except goals, and July 2, 1999; 65 FR 60546, Oct. 11, 2000; 69 FR may be incorporated into individual contract 25279, May 5, 2004; 75 FR 77739, Dec. 13, 2010; plans, provided the master plan has been ap- 75 FR 77733, Dec. 13, 2010] proved. Subcontract means any agreement (other 9 small business subcon- than one involving an employer-employee re- tracting plan. lationship) entered into by a Federal Govern- As prescribed in (b), insert the ment prime Contractor or subcontractor following clause: calling for supplies or services required for performance of the contract or subcontract.

3 small business SUBCONTRACTING PLAN (JAN (c) The offeror, upon request by the Con- 2011) tracting Officer, shall submit and negotiate (a) This clause does not apply to small a subcontracting plan, where applicable, that business concerns. separately addresses subcontracting with (b) Definitions. As used in this clause small business , veteran-owned small busi - Alaska Native Corporation (ANC) means any ness, service-disabled veteran-owned small Regional Corporation, Village Corporation, business , HUBZone small business concerns, Urban Corporation, or Group Corporation or- small disadvantaged business , and women- ganized under the laws of the State of Alas- owned small business concerns. If the offeror ka in accordance with the Alaska Native is submitting an individual contract plan, Claims Settlement Act, as amended (43 the plan must separately address subcon- 1601, et seq.)

4 And which is considered a tracting with small business , veteran-owned minority and economically disadvantaged small business , service-disabled veteran- concern under the criteria at 43 owned small business , HUBZone small busi - 1626(e)(1). This definition also includes ANC ness, small disadvantaged business , and direct and indirect subsidiary corporations, women-owned small business concerns, with joint ventures, and partnerships that meet a separate part for the basic contract and the requirements of 43 1626(e)(2). separate parts for each option (if any). The Commercial item means a product or service plan shall be included in and made a part of that satisfies the definition of commercial the resultant contract. The subcontracting item in section of the Federal Acquisi- plan shall be negotiated within the time tion Regulation .

5 Specified by the Contracting Officer. Failure Commercial plan means a subcontracting to submit and negotiate the subcontracting plan (including goals) that covers the plan shall make the offeror ineligible for offeror's fiscal year and that applies to the award of a contract. entire production of commercial items sold (d) The offeror's subcontracting plan shall by either the entire company or a portion include the following: thereof ( , division, plant, or product line). (1) Goals, expressed in terms of percentages Electronic Subcontracting Reporting System of total planned subcontracting dollars, for (eSRS) means the Governmentwide, elec- the use of small business , veteran-owned tronic, web-based system for small business small business , service-disabled veteran- subcontracting program reporting.

6 The eSRS owned small business , HUBZone small busi - is located at ness, small disadvantaged business , and Indian tribe means any Indian tribe, band, women-owned small business concerns as group, pueblo, or community, including na- subcontractors. The offeror shall include all erowe on DSK2 VPTVN1 PROD with CFR. tive villages and native groups (including subcontracts that contribute to contract corporations organized by Kenai, Juneau, performance, and may include a propor- Sitka, and Kodiak) as defined in the Alaska tionate share of products and services that 135. VerDate Mar<15>2010 07:35 Dec 09, 2011 Jkt 223208 PO 00000 Frm 00145 Fmt 8010 Sfmt 8010 Y:\SGML\ 223208. 9 48 CFR Ch. 1 (10 1 11 Edition). are normally allocated as indirect costs. In (3) A description of the principal types of accordance with 43 1626: supplies and services to be subcontracted, (i) Subcontracts awarded to an ANC or In- and an identification of the types planned for dian tribe shall be counted towards the sub- subcontracting to.

7 Contracting goals for small business and (i) small business concerns;. small disadvantaged business (SDB) con- (ii) Veteran-owned small business con- cerns, regardless of the size or small busi - cerns;. ness Administration certification status of (iii) Service-disabled veteran-owned small the ANC or Indian tribe. (ii) Where one or more subcontractors are business concerns;. in the subcontract tier between the prime (iv) HUBZone small business concerns;. contractor and the ANC or Indian tribe, the (v) small disadvantaged business concerns;. ANC or Indian tribe shall designate the ap- and propriate contractor(s) to count the sub- (vi) Women-owned small business concerns. contract towards its small business and (4) A description of the method used to de- small disadvantaged business subcontracting velop the subcontracting goals in paragraph goals.

8 (d)(1) of this clause. (A) In most cases, the appropriate Con- (5) A description of the method used to tractor is the Contractor that awarded the identify potential sources for solicitation subcontract to the ANC or Indian tribe. purposes ( , existing company source lists, (B) If the ANC or Indian tribe designates the Central Contractor Registration data- more than one Contractor to count the sub- base (CCR), veterans service organizations, contract toward its goals, the ANC or Indian the National Minority Purchasing Council tribe shall designate only a portion of the Vendor Information Service, the Research total subcontract award to each Contractor. and Information Division of the Minority The sum of the amounts designated to var- business Development Agency in the Depart- ious Contractors cannot exceed the total ment of Commerce, or small , HUBZone, value of the subcontract.)

9 small disadvantaged, and women-owned (C) The ANC or Indian tribe shall give a small business trade associations). A firm copy of the written designation to the Con- may rely on the information contained in tracting Officer, the prime Contractor, and the subcontractors in between the prime CCR as an accurate representation of a con- Contractor and the ANC or Indian tribe with- cern's size and ownership characteristics for in 30 days of the date of the subcontract the purposes of maintaining a small , vet- award. eran-owned small , service-disabled veteran- (D) If the Contracting Officer does not re- owned small , HUBZone small , small dis- ceive a copy of the ANC's or the Indian advantaged, and women-owned small busi - tribe's written designation within 30 days of ness source list.

10 Use of CCR as its source list the subcontract award, the Contractor that does not relieve a firm of its responsibilities awarded the subcontract to the ANC or In- ( , outreach, assistance, counseling, or dian tribe will be considered the designated publicizing subcontracting opportunities) in Contractor. this clause. (2) A statement of (6) A statement as to whether or not the (i) Total dollars planned to be subcon- offeror in included indirect costs in estab- tracted for an individual contract plan; or lishing subcontracting goals, and a descrip- the offeror's total projected sales, expressed tion of the method used to determine the in dollars, and the total value of projected proportionate share of indirect costs to be subcontracts to support the sales for a com- incurred with.