For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollarsin addition to the goals expressed as a percentage of total subcontract dollars.
Notwithstanding prescriptions contained elsewhere in the FAR, when acquiring commercial items, contracting officers shall be required to use only those provisions and clauses prescribed in this part. Unless indicated otherwise, all of the policies that apply to commercial items also apply to COTS items.
If this provision is not used, describe the evaluation procedures to be used. Many of these agreements contain indemnification clauses that are inconsistent with Federal law and unenforceable, but which could create a violation of the Anti-Deficiency Act 31 U.
SBA will dismiss any untimely appeal. In most situations, this requirement should eliminate the need for a show cause notice prior to terminating a contract. Indian tribe means any Indian tribeband, 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 43 U.
However, the paragraphs in The clauses prescribed at Some of the clauses require fill-in; the fill-in language should be inserted as directed by The end product furnished must be manufactured or produced in the United States or its outlying areas.
Commercial item means a product or service that satisfies the definition of commercial item in section 2. Use of SAM as its source list does not relieve a firm of its responsibilities e.
Interested party, as used in this section, has the meaning given in 13 CFR The items must be of at least average, fair or medium-grade quality and must be comparable in quality to those that will pass without objection in the trade or market for items of the same description.
The terms and conditions prescribed in this part seek to balance the interests of both the buyer and seller. The employees of a former affiliate are not included, even if such concern had been an affiliate during a portion of the period.
This paragraph is generally appropriate when the Government is acquiring noncomplex commercial items. Fully document the rationale for selection of the successful offeror including discussion of any trade-offs considered.
The contracting officer must, to the extent practicable, encourage maximum participation by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in acquisitions by taking the following actions: An interested party seeking to protest both the small business size and service-disabled veteran-owned small business status of an apparent successful offeror shall file two separate protests.
The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial items.
These are particularly common in information technology acquisitions, but they may apply to any supply or service. Customary market practice for some commercial items may include buyer contract financing.
Paragraph u of the clause at These are particularly common in information technology acquisitions, but they may apply to any supply or service. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer.
See 13 CFR In determining who controls or has the power to control a concern, persons with an identity of interest may be treated as though they were one person.
If a price evaluation preference was applied after the bid opening date, also provide the date of identification of the apparent successful offeror. In addition, the following laws are not applicable to contracts for the acquisition of COTS items; a 1 The portion of 41 U.
Consequently, the requirements of Part 49 do not apply when terminating contracts for commercial items and contracting officers shall follow the procedures in this section. Officers, directors, employees, or principal stockholders of one concern serve as a working majority of the board of directors or officers of another concern.
In such cases, the contracting officer shall ensure that the express warranty provides for the repair or replacement of defective items discovered within a reasonable period of time after acceptance.
A The aggregate total of the joint venture is small under the size standard corresponding to the NAICS code assigned to the contract. Protests relating to small business size status for the acquisition and the HUBZone qualifying requirements will be processed concurrently by SBA.
For acquisitions of supplies or services that have an anticipated dollar value exceeding the micro-purchase threshold, but not exceeding the simplified acquisition threshold, the requirement at The contracting officer shall forward the protest to the SBA see paragraph c 1 of this section with a notation that the concern is not being considered for award, and shall notify the protester of this action.
The contracting officer should consult with counsel prior to terminating for cause. When cost information is obtained pursuant to Part 15 to establish the reasonableness of prices for commercial items, the contracting officer shall insert the clauses prescribed for this purpose in an addendum to the solicitation and contract.
The rules governing 8 a Program joint ventures are described in 13 CFR furnishing commercial items.
Once a contractor’s commercial plan has been approved, the Government Do not confuse a subcontracting plan with a Small Business (SB) Participation Proposal. If the solicitation is unrestricted and the basis for award is “best value, technical tradeoff,” ALL offerors. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting 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, with a separate part for the basic contract and separate parts for each option (if any).
furnishing commercial items. Once a contractor’s commercial plan has been approved, the Government Do not confuse a subcontracting plan with a Small Business (SB) Participation Proposal. If the solicitation is unrestricted and the basis for award is “best value, technical tradeoff,” ALL offerors.
The FAR does not mention a socio-economic plan. My cynical side thinks this is a way for a contracting officer not to do business with a small business since small business subcontracting plans are not required from small business concerns.
Small Business Subcontracting Plans Beverly Arviso, CPA, CPCM, CFCM Arviso, Inc. The Small Business Subcontracting Plan encourages the development of increased subcontracting opportunities applies to the entire production of commercial items sold by either the entire company or a.
U.S. Department of Defense Office of Small Business Programs Mark Center Drive Suite 15G13 Phone - Fax - Similar to a commercial plan May be on a Plant / Division / Corporate basis Annual plan (applies to DoD DoD Office of Small Business Programs Government Sub-Contracting: the Basics.Download