John Company

AAWSAP Solicitation and Original Order, September 2008

DOW-UAP-D111 · page 38 of 59

Page 38 of 59 of DOW-UAP-D111

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(1) Not less than 51 percent of whi ch is owned by one or more
veterans (as defi ned at 38 U. S. C.
101 (2)) or, in the case of any publicly owned business , not less than 51 percent of the stock of
whi ch i s owned by one or more veterans ;
and
(2) The management and daily business operations of which are controlled by one or more veterans .
(1) That is at least 51 percent owned by one or more women,
or, in the case of any publicly owned
business, at l east 51 percent of the stock of which is owned by one or more women; and
(2 ) Whose management and daily business operations are controlled by one or more women .
(d) Contract ors acting i n good faith may rely on written representati ons by their subcontractors
regardi ng their status as a small business concern, a veteran- owned small business
concern, a
service-disabled veteran-owned small business concern,
a HUBZone small business concern, a small
disadvantaged business
concern, or a women- owned small business concern .
(End of Clause)
I . 43
52 . 219-9
SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008)
(a) This clause does not apply to small business concerns .
(b) Definitions . As used in t his clause-­
"Alaska Native Corporation (ANC) " means any Regional Corporati on, Vill age Corporation, Urban
Corporation , or Group Corporation organized under the
laws of the State of Alaska in accordance
with the Al aska Native Clai ms
Settlement Act, as amended (43 U. S. C. 1601 , et seq.) and which i s
considered a minority and economically disadvantaged concern under the criteria at
43 U. S .C.
1626(e) (1) . Thi s definition also includes ANC direct and indirect subsidi ary corporat i ons, joi nt
ventures, and partnerships that meet the
requirements of 43 U. S. C. 1626(e) (2) .
"El ectroni c Subcont racting Reporti ng System (eSRS) " means t he
Governmentwide, electronic, web­
based system for small business subcontracting program reporting . The eSRS is located at http : //
www .esrs . gov .
"Master plan" means a subcontracting plan that contains all the
required elements of an individual
contract plan, except goal s ,
and may be incorporated i nto indi vidual contract plans, provi ded the
master plan has been approved .
"Commercial item" means a product or service that satisfies the definition of commercial item in
section 2 . 101 of t he Federal Acquisition Regulation .
"Commercial plan " means a subcontracting plan (including goals)
that covers the offeror ' ' s fiscal
year and t hat applies to t he
entire production of commercial items sold by either the entire
company or a portion thereof (e . g . , division, plant , or product line) .
"Indian tribe" means any Indian tribe, band, group, pueblo, or community,
including native villages
and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined
in the Alaska Native Claims Settlement Act (4 3 U. S.C. A. 1601 et seq . ) , that is recognized by the
Federal Government as eligible for services from the Bureau of Indian
Affairs in accordance wi th
25 U. S. C. 1452(c). This definition also includes
Indian- owned economic enterprises that meet the
requirements of 25 U. S. C.
1452 (e) .
"Individual contract plan " means a subcontracting plan t hat covers the entire contract period
(incl uding opti on peri ods) ,
appli es to a speci fic contract , and has goals that are based on the
offeror ' ' s planned subcontracting in support of the specific contract , except that indirect costs
i ncurred for common or joint purposes may be allocated on a prorated basis to t he contract .
"Subcontract " means any agreement (other than one involving an
employer-employee relationship)
entered i nto by a Federal
Gover nment prime Contractor or subcontractor calling for supplies
or
services required for performance of the contract or subcontract .
(d) The offeror ' ' s s ubcontracting plan shall include the following :
(ii ) Where one or more subcontractors are in the subcontract tier between the pri me contractor
and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s)
to count the subcontract towards its small business and small disadvantaged business subcontracting
goals .
(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a
subcontracting plan, where applicable,
that separately addresses subcontracting with small business,
veteran-owned small business, service- disabled veteran-owned small business, HUBZone small business
concerns, small disadvantaged business, and women-owned small business concerns . I f the offeror
is submitting an individual contract plan , the plan must separately address subcontracting with
small business ,
veteran-owned smal l business , service-disabled veteran-owned
smal l busi ness,
HUBZone small business, small disadvantaged business, and women-owned small business concerns ,
with a
separate part for the bas i c contract and separate parts for each
opti on (i f any) . The plan
shall be included in and made a part of the resultant contract . The subcontracting plan shall be
PAGE 38 OF 59 HHM402-08-C-0072