[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.704]



[Page 376-377]

 

            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 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.



[[Page 377]]



    (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]