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The University of Texas at Austin
Arthur A. McDonald
HUB/SADBO Coordinator-Director/Small Business Plan Administrator
Annette Smith
HUB/SADBO Staff Associate
John Trevino
HUB/SADBO Staff Associate
Tiffany Dockery
HUB/SADBO Staff Associate
Small Business Subcontracting Program
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Small Business Program
Subcontracting Plan Requirements
Subcontracting Plan Review
Evaluate Subcontracting in Source Selection
New Small Business Program Changes
Subcontracting Plan Implementation
Master Subcontracting Plans
Subcontracting Program
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Subcontracting Program
Small Business Program
Policy:
To place a fair proportion of the
Universitys acquisitions, including contracts and
subcontracts, with small business, service-disabled
veteran-owned small business, veteran-owned small
business, HUBZone small business, small
disadvantaged business and women-owned
small business concerns.
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Subcontracting Program
Policy:
It is further the policy of the University of Texas
at Austin that its prime contractors establish procedures to
ensure timely paymentof amounts due pursuant to termsof their subcontract with small business, service-disabled
veteran-owned small business, veteran-owned small
business, HUBZone Small business, small and
disadvantaged business and women-owned small businessconcerns.
FAR 19.702
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What is Small?
Type of Business
Construction
R&D-
R&D AircraftEducational
Engineering Services (Military)
Engineering Services (General)
Management ServicesComputer Programming
Computer Equipment
Not to Exceed
$ 17 Million Annually*
500 Employees
1500 Employees$ 5 Million Annually
$ 20 Million Annually
$ 2.5 Million Annually
$ 5 Million Annually$ 18 Million Annually
1000 Employees
* Annually - Average annual receipts over a three-year period
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Subcontracting Program
Subcontract Coding and Size StandardsNorth American Industry Classification System (NAICS) replaces Standard
Industrial Classification (SIC) Codes effective 1 October 2000
Available at http://www.sba.gov/size/indextableofsize.html
Examples:
Industry SIC Code NAICS Size Standard
R&D 8731 541710 500 employees
Chemicals 2819 325188 1000 employees
Engineering 8711 541330 $ 4 Million Annually
Admin Services 8741 561110 $ 5 Million Annually
http://www.sba.gov/size/NAICShttp://www.sba.gov/size/indextableofsize.htmlhttp://www.sba.gov/size/NAICShttp://www.sba.gov/size/indextableofsize.htmlhttp://www.sba.gov/size/NAICS7/29/2019 8-SBLOs Arthur McDonald
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Subcontracting Program
Subcontracting Program Implementation52.219-8 Utilization of Small Business Concerns
In all solicitations and contracts expected to exceed simplified acquisition
threshold except:
For personal services
Performed entirely outside the United States
52.219-9 Small Business Subcontracting Plan
When contracting by negotiation or sealed bid
Subcontracting possibilities exist
Cumulative value expected to exceed $ 500,000 ($ 1M construction) except:
From small business concerns HBCU/MI/TCUs for DOD contracts (DFARS 252.219-7003)
For personal services contract
Performance entirely outside the United States
52.219-10 Incentive Subcontracting Program
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Subcontracting Program
Goals FY 02Small Business 23.0%
Veteran-Owned Small Business 3.0%
Service-Disabled VOSB 3.0%
HUBZone Small Business 2.5%
Small Disadvantaged Business 5.0%
Women-Owned Small Business 5.0%
Acceptance of an SDB goal of less than 5% requires approval two levels above PCO
(DFARS 219.705-2)
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Subcontracting Program
Subcontracting Plan Requirements
1. Separate percentage goals for small business (SB). Veteran-
owned small business (VOSB), service-disabled veteran-owned
small business (SDVOSB), HUBZone small business, small
disadvantaged business (SDB) and women-owned smallbusiness (WOSB) concerns.
2. Statement of total dollars planned to be subcontracted for SB,
HUBZone, SDB, SDVOSB,VOSB and WOSB concerns.
3. Description of principal types of supplies and services to be
subcontracted and identification of types planned for
subcontracting to each small business entity.
4. Description of method used to develop goals.
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Subcontracting Program
Subcontracting Plan Requirements(Continued)
5. Description of method(s) used to identify sources
Existing source lists
SBAs PRO-Net and SBAs
https://eweb1.sba.gov/hubzone/internet/web site National Minority Purchasing Vendor Information Service
Small Business Trade Association
6. Statement regarding inclusion of indirect costs in goals
7. Name of individual administering subcontracting program Employed by offeror
Description of duties
8. Description of efforts to ensure small business entities have the
opportunities to compete
https://eweb1.sba.gov/hubzone/internet/https://eweb1.sba.gov/hubzone/internet/https://eweb1.sba.gov/hubzone/internet/https://eweb1.sba.gov/hubzone/internet/7/29/2019 8-SBLOs Arthur McDonald
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Subcontracting Program
Subcontracting Plan Requirements(Continued)
9. Assurances that clauses are included in subcontracts
52.219-8 Utilization of Small Business Concerns
52.219-9 Small Business Subcontracting Plan
10. Assurances that offeror will:
Cooperate in studies and surveys
Submit periodic reports:
SF 294 - Subcontracting Report of Individual ContractSF 295 - Summary Subcontract Report
Ensure subcontractors agree to submit SF 294 and SF 295
reports
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Subcontracting Program
Subcontracting Plan Requirements(Continued)11. Recitation of types of records maintained:
Established source lists
Efforts to locate SB, SDVOSB, VOSB, HUBZone SB, SDB and
WOSB concerns
Organizations contacted to locate small business sources
Records on each subcontract solicitation/award of $100,000 or more:Were SB, SDVOSB, VOSB, HUBZone SB, SDB and WOSB concerns solicited?
If not, why not?
Reason not awarded to small business
Records of outreach efforts Records of internal guidance, encouragement to buyers, training and
monitoring program compliance
Records to support award data submitted to Government
Name, address and business size of each subcontractor
On contract-by-contract basis
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Subcontracting Program
Subcontract Plan Review
Contracting Officer
1. Reviews, Obtains Advice and Recommendations from:
SADBO and ACO SBA Procurement Center Representative
2. Rejects, Negotiates, Accepts
Acceptability based on:
1. ALL Essential Elements Included2. Offerors Past Performance
3. Attainable Goals relative to:
Subcontracting opportunities
Pool of Eligible subcontractors available
Offerors actual subcontracting plan execution
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Subcontracting Program
Subcontract Plan Review(Continued)
Acceptability based on:
Subcontracting Potential considering:
Make-or-buy policy
Nature of subcontracted products/services
Availability of SB, SDVOSB, VOSB, HUBZone SB, SDB
(HBCU/MI/TCUS) and WOSBs in area of work performanceOfferors relationship with its suppliers
Are separate goals included for each option period?
Are subcontracting goals realistic?
Are goals consistent with cost or pricing data?
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Subcontracting Program
Evaluation of Subcontracting in Source Selection
SDB participation in unrestricted acquisitions expected to exceed $500,000( FAR 15.304 (c) (4) )
In acquisitions requiring FAR 219-9 Small Business Subcontracting Plan
For acquisitions other than those based on lowest price technically acceptable
process ( DFARS 215.304 (c) (i) )
Structure source selection criteria to allow for consideration of offers from SBs
Evaluation may be separate from Subcontracting Plan
Ensure SBs, HBCU/MI/TCUs and WOSBs are listed in subcontracting plan
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Subcontracting Program
Evaluation of Subcontracting in Source Selection(Continued)
Evaluation of commitment to and extent of participation in performance of
contract by SBs and HBCU/MI/TCUs
Factors may include:Extent firms are specifically identified
Extent of actual commitment to use such firms
Extent of participation compared to value of acquisition
Complexity and variety of work firms are to perform
Realism of proposal
Prior performance regarding compliance with:
52.219-8 Utilization of Small Business Concerns
52.219-9 Small Business Subcontracting Plan
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Subcontracting Program
Evaluation of Subcontracting in Source Selection(Continued)
Contract Administration
Substitution of Subcontractors:
SB, SDB, WOSB firms identified in plans
Contractor must notify ACO in writing of substitution
within reasonable period of awarding subcontract
Notice in contractor format
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Subcontracting Program
New SB Program Change
SDB Participation Program
- Source Selection Evaluation of SDB participation
- Incentive Subcontracting Program for SDBs HUBZone Small Business Program
Service-Disabled Veteran-Owned Small Business Program
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Subcontracting Program
SB Participation ProgramMechanisms to evaluate extent of participation of SDBs for
contracts in NAICS (formally SIC) major groups:
Source selection evaluation factor of sub-factor for SDB
participation in performance of contract
Evaluation factor considerations:
Extent SDBs are specifically identified in proposal Extent of commitment to use of SDBs
Complexity and variety of work SDBs will perform
Realism of proposal
Past performance of offerors complying with subcontracting plan goals
Extent of SDB participation compared to value of acquisition
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Subcontracting Program
SB Participation Program(Continued)
Proposals must include SDB targets in dollars and percentage by
NAICS major groups of total contract value
Targets incorporated in resulting contract
SDBs listed in contract SDBs must be certified by SBA (http://pro-net.sba.gov)
Provisions and clauses:
- 52.219-24 Small Disadvantaged Business ParticipationProgram - Targets- 52.219-25 Small Disadvantaged Business Participation Program -
Disadvantaged Status Reporting
Report on SDB target achievement at contract completion- Contractor format
- Optional Form 312
- May be submitted with final SF 294, Subcontracting Report for Individual
Contracts
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Subcontracting Program
SB Participation Program(Continued)
Incentive Subcontracting with SDBs- Encourage increased subcontracting opportunities in NAICS
major groups
- Monetary incentives based on actual achievements compared totargets
- Separate from SDB subcontracting plan goals
- Clause
52.219-26 Small Disadvantaged Business Participation
Program - Incentive Subcontracting
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Subcontracting Program
Historically Underutilized Business Zone Program
Purpose:To provide contracting assistance for qualified SBs located inhistorically underutilized business zones to increase employment
opportunities, investment and economic development
Applies to all federal agencies after 30 September 2000
Status as HUBZone Small Business:- Determined by SBA
- Must be listed on SBAs website:
http://www.sba.gov/hubzone
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Subcontracting Program
Veteran-Owned Small Business
Purpose:Provide new assistance programs for veterans and service-disabled veterans who own and operate businesses
Establishes:Service-Disabled Veteran-Owned Small Business primecontract goal and Veteran-Owned Small Business subcontracting goal
Effective: 11 October 2000
Statute:Veterans Entrepreneurship and Small Business Development Act of1999 (P.L. 106-50)
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Subcontracting Program
Subcontracting Plan Implementation
Contractor performs following functions:
Assist SBs, SDVOSBs, VOSBs, HUBZone SBs, SDBs and WOSBsconcerns to facilitate participation
Provide adequate and timely consideration of small business entities
capabilities
Counsel and discuss subcontracting opportunities with small business
representatives
Provide notice to subcontractors concerning penalties and remedies
misrepresentation of status
S i
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Subcontracting Program
52.219-10 Incentive Subcontracting Program
Monetary incentive to increase subcontracting opportunities forSB, HUBZone SB and WOSB concerns
Prime receives percentage of excess at contract completion
PCO determines amount to be paid based on contractors efforts:
- Unique outreach programs
- Technical assistance to SB entities
Determinations NOT subject to dispute clause
If CPFF contract, sum of fixed fee and incentive fee earned cannot exceed fee
limitations (FAR 15.404-4)
S b i P
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Subcontracting Program
Subcontracting Plan ReportingSF 294 - Subcontractor Report for Individual Contracts
Required under Small Business Act of 1958
- Semi-annually
- For each contract over $500,000 with subcontracting plan
Submitted to the Contracting Officer awarding the contract (Block 8)
Copy to cognizant contract administration office (Block 6 )
SF 295 - Summary Subcontract Report
Required under Small Business Act of 1958- Contractor has one or more contracts with subcontracting plan(s)
- Semi-annual for DOD - Annually for Civilian Agencies
- Commercial products plan - Annually
- Reports submitted to individual agencies
Report all subcontracts awarded
S b i P
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Subcontracting Program
Subcontracting Plan ReportingDistribution
DOD
Send to cognizant contract administration office
NASA
Office of Procurement (HS), Washington, DC 20546
Other Federal Departments or Civilian Agencies:
Office of Small and Disadvantaged Business Utilization oras instructed by the Department or Agency
S b i P
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Subcontracting Program
Master Subcontracting Plans
University-wide basis
Contains all elements of plan exceptgoals
Approved by ACO
Valid for three years
Develop goals for individual contracts