[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.705-5]

[Page 366-367]
 
            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.  19.705-5  Awards involving subcontracting plans.

    (a) In making an award that requires a subcontracting plan, the 
contracting officer shall be responsible for the following:
    (1) Consider the contractor's compliance with the subcontracting 
plans submitted on previous contracts as a factor in determining 
contractor responsibility.
    (2) Assure that a subcontracting plan was submitted when required.
    (3) Notify the SBA resident procurement center representative of the 
opportunity to review the proposed contract (including the plan and 
supporting documentation). The notice shall be issued in sufficient time 
to provide the representative a reasonable time to review the material 
and submit advisory recommendations to the contracting officer. Failure 
of the representative to respond in a reasonable period of time shall 
not delay contract award.
    (4) Determine any fee that may be payable if an incentive is used in 
conjunction with the subcontracting plan.
    (5) Ensure that an acceptable plan is incorporated into and made a 
material part of the contract.

[[Page 367]]

    (b) Letter contracts and similar undefinitized instruments, which 
would otherwise meet the requirements of 19.702(a)(1) and (2), shall 
contain at least a preliminary basic plan addressing the requirements of 
19.704 and in such cases require the negotiation of the final plan 
within 90 days after award or before definitization, whichever occurs 
first.

[48 FR 42240, Sept. 19, 1983, as amended at 50 FR 1743, Jan. 11, 1985; 
50 FR 52429, Dec. 23, 1985]