[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.704]

[Page 364-365]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 19--SMALL BUSINESS PROGRAMS--Table of Contents
 
         Subpart 19.7--The Small Business Subcontracting Program
 
Sec. 19.704  Subcontracting plan requirements.

    (a) Each subcontracting plan required under 19.702(a)(1) and (2) 
must include--
    (1) Separate percentage goals for using 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;
    (2) A statement of the total dollars planned to be subcontracted and 
a statement of the total dollars planned to be subcontracted to small 
business, veteran-owned small business, service-disabled veteran-owned 
small business, HUBZone small business, small disadvantaged business, 
and women-owned small business concerns;
    (3) A description of the principal types of supplies and services to 
be subcontracted and an identification of types planned for 
subcontracting to small business, veteran-owned small business, service-
disabled veteran-owned small business, HUBZone small business, small 
disadvantaged business, and women-owned small business concerns;
    (4) A description of the method used to develop the subcontracting 
goals;
    (5) A description of the method used to identify potential sources 
for solicitation purposes;
    (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 small business, veteran-owned small business, service-
disabled veteran-owned small business, HUBZone small business, small 
disadvantaged business, and women-owned small business concerns;
    (7) The name of an 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 ensure 
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 at 52.219-8, 
Utilization of Small Business Concerns (see 19.708(a)), 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 $500,000 ($1,000,000 
for construction) to adopt a plan that complies with the requirements of 
the clause at 52.219-9, Small Business Subcontracting Plan (see 
19.708(b));
    (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 Standard Form (SF) 294, Subcontracting Report for 
Individual Contracts, and SF 295, Summary Subcontract Report, following 
the instructions on the forms or as provided in agency regulations; and
    (iv) Ensure that its subcontractors agree to submit SF 294 and SF 
295; and
    (11) A description of the types of records that will be maintained 
concerning procedures adopted to comply

[[Page 365]]

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 to award subcontracts to 
them.
    (b) Contractors may establish, on a plant or division-wide basis, a 
master plan (see 19.701) that contains all the elements required by the 
clause at 52.219-9, Small Business Subcontracting Plan, except goals. 
Master plans shall be effective for a 3-year period after approval by 
the contracting officer; however, it is incumbent upon contractors to 
maintain and update master plans. Changes required to update master 
plans are not effective until approved by the contracting officer. A 
master plan, when incorporated in an individual plan, shall apply to 
that contract throughout the life of the contract.
    (c) For multiyear contracts or contracts containing options, the 
cumulative value of the basic contract and all options is considered in 
determining whether a subcontracting plan is necessary (see 19.705-
2(a)). If a plan is necessary and the offeror is submitting an 
individual contract plan, the plan shall contain all the elements 
required by paragraph (a) of this section and shall contain separate 
statements and goals for the basic contract and for each option.
    (d) A commercial plan (as defined in 19.701) is the preferred type 
of subcontracting plan for contractors furnishing commercial items. The 
contractor shall--
    (1) Submit the commercial plan to either the first contracting 
officer awarding a contract subject to the plan during the contractor's 
fiscal year, or, if the contractor has ongoing contracts with commercial 
plans, to the contracting officer responsible for the contract with the 
latest completion date. The contracting officer shall negotiate the 
commercial plan for the Government. The approved commercial plan shall 
remain in effect during the contractor's fiscal year for all Government 
contracts in effect during that period; and
    (2) Submit a new commercial plan, 30 working days before the end of 
the fiscal year, to the contracting officer responsible for the 
uncompleted Government contract with the latest completion date. The 
contractor must provide to each contracting officer responsible for an 
ongoing contract subject to the plan, the identity of the contracting 
officer that will be negotiating the new plan. When the new commercial 
plan is approved, the contractor shall provide a copy of the approved 
plan to each contracting officer responsible for an ongoing contract 
that is subject to the plan.

[48 FR 42240, Sept. 19, 1983, as amended at 51 FR 2664, Jan. 17, 1986; 
54 FR 29281, July 11, 1989; 60 FR 48262, Sept. 18, 1995; 61 FR 31643, 
June 20, 1996; 63 FR 34065, June 22, 1998; 63 FR 70271, Dec. 18, 1998; 
65 FR 60545, Oct. 11, 2000; 66 FR 53493, Oct. 22, 2001; 67 FR 1858, Jan. 
14, 2002]