AAWSAP Solicitation and Original Order, September 2008
DOW-UAP-D111 · page 38 of 59
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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