AAWSAP Solicitation and Original Order, September 2008

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(5) Provide noti ce to s ubcontractors concer ning penal ties and remedi es for misrepresentations
of business status as
smal l , veteran- owned small business , HUBZone small, smal l disadvantaged, or
women- owned small business for t he
purpose of obtaining a subcontract t hat is t o be i ncluded as part
or all of a goal contained in t he Contractor ' ' s
s ubcontracting plan .
(vi) On a contract- by- contract basis, records to support award data submi tted by the offerer
to the Government, incl uding the name, address , and business s i ze of each subcontractor . Contractors
having commerci a l pl ans need not comply with this requi rement .
(e ) In order to effectively implement this pl an to the e xtent consistent with efficient contract
performance, the Contractor
shal l perform t he following funct i ons :
(1 ) Assist small business, veteran- owned small business ,
service- disabled veteran- owned
s mall business , HUBZone
smal l business, small disadvantaged business, and women-owned small
business concerns by a rrangi ng
sol icitations, t i me f or the preparation of bids ,
quantities,
specificati ons , and delivery schedules so as to facilitate the participation by s uch concerns . Where
t he Contractor ' ' s lists of potential small busi ness,
veteran- owned smal l business , service- disabled
veteran-owned small business, HUBZone small business,
s mall disadvantaged business, and women-owned
small business subcontractors are e xcessivel y long, reasonable effort shall be made to give a l l such
small business
concerns an opportunity to compete over a period of time .
(2) Provide adequate and t i mely consi deration of the
potentialities of small business, veteran­
owned small
business, servi ce-disabled veteran-owned small busi ness , HUBZone small busi ness , small
disadvantaged business, and women- owned small business concerns i n all "make- or- buy"
decisions .
(3 ) Counsel and discuss subcontracti ng opportunities with
representatives of small busi ness ,
veteran- owned small business, service- disabled veteran- owned s mall business , HUBZone small business ,
small disadvant a ged business, a nd women- owned smal l business f i r ms .
(4) Confirm that a subcontractor representing itself as a HUBZone s mall business concern is
i dentified as a certifi ed HUBZone small business concern by access i ng the Cent ral Contractor
Registration (CCR) database or by
contacting SBA .
(f) A master plan on a plant o r di visi on-wi de basi s that conta i ns all the elements requi red by
paragraph (d ) of t his clause, e xcept goals , may be i ncorporated by reference as a part of the
s ubcont racting plan required of t he offerer by this
clause ; provi ded-­
(1 ) The master plan has been approved;
(2 ) The offerer ensures t hat the master plan is updated as necessary and provides copies of the
approved mast er plan, i ncludi ng evi dence of its approval , to t he Cont racting Officer; and
(g) A commercial plan is the preferred type of s ubcontracting plan for contractors furnishing
comme rcial i tems . The commercial pl an shall relate to the offerer ' ' s planned subcontracting
general ly,
for both commercial and Government business , rather than solely to the Government
contract . Once the Contractor ' ' s commercial plan has been approved, t he Government will not require
another
subcontracting pl an from the same Contractor whil e the plan remains
i n effect , as long
as the product or service being provided by t he
Contractor continues to meet the definition of a
commercial item. A Contract or with a commerci al plan shall comply with the reporti ng
r equirements
stated in paragraph (d ) (10 ) of this clause by
submitting one SSR in eSRS for all contracts covered
by its commercial plan . This report shall be acknowledged or rejected in eSRS by the Contracting
Officer who approved t he pl an . This report
s hall be submitted within 30 days after the end of the
Government ' ' s
fi sca l year .
(i) A contract may have no more t han one plan . When a
modification meets the criteria i n 19 . 702 for
a pl an, or an option
i s exerc i sed, the goals associated wi t h the modification or opti on
shall be
added to t hose in the existing subcontract plan .
(j) Subcontracting pl ans are not required from s ubcont ractors
when t he prime contract cont ains
the clause at 52 . 212- 5, Contract
Terms and Conditions Required to Impl ement Statutes or Sxecutive
Orders--Commercial Items , or when the subcontractor provides a
commercial item s ubject to the clause
at 52 . 244- 6, Subcontracts for
Commercial Items , under a prime contract .
(k) The failure of the Contractor or subcontractor to comply i n
good faith with-­
(1 ) The clause of t hi s contract entitled "Utilization Of Small Busi ness Concerns ;" or
(2 ) An approved plan required by this clause, s hall be a
material breach of the contract .
(1) The Contractor shall submit ISRs and SSRs using t he web- based eSRS at http : //www .esrs .gov.
Purchases from a corporation,
company, or subdivision that is an affil iate of the prime Contractor
or s ubcontractor are not included in these reports . Subcontract award data reported by prime
Contractors and s ubcontractors shal l be limited to awards made to t hei r immedi ate next-tier
s ubcontractors .
Credit cannot be taken for awards made to lower tier subcontractors,
unless the
Contract or or subcont ract or has been designated t o
receive a small business or small disadvanta ged
business credit from
an ANC or I ndian tribe .
(3 ) Goal s and any deviations from t he master plan deemed necessary by the Contract i ng Offi cer to
satisfy the requirements of this contract are set forth in the
individual subcontracting plan .
(h) Prior compliance of t he offerer with ot her s uch
subcontracting pl ans under previous contracts
will be considered by the Contracting Offi cer in determining the responsibility of the offerer for
award of t he contract .
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