JULY 05
SOLICITATION FOR OFFERS
OUTPATIENT CLINIC
SFO NO. V101-183R-xxx-xxx-xx
[INSERT LOCATION OF FACILITY]
(f)
A master plan on a plant or division-wide basis that contains all the elements required by
paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the
subcontracting plan required of the offeror by this clause; provided
(1)
The master plan has been approved;
(2)
The offeror ensures that the master plan is updated as necessary and provides copies
of the approved master plan, including evidence of its approval, to the Contracting
Officer; and
(3)
Goals and any deviations from the master plan deemed necessary by the Contracting
Officer to satisfy the requirements of this contract are set forth in the individual
subcontracting plan.
(g)
A commercial plan is the preferred type of subcontracting plan for contractors furnishing
commercial items. The commercial plan shall relate to the offeror's planned subcontracting
generally, for both commercial and Government business, rather than solely to the
Government contract. Commercial plans are also preferred for subcontractors that provide
commercial items under a prime contract, whether or not the prime contractor is supplying a
commercial item.
(h)
Prior compliance of the offeror with other such subcontracting plans under previous contracts
will be considered by the Contracting Officer in determining the responsibility of the offeror for
award of the contract.
(i)
The failure of the Contractor or subcontractor to comply in good faith with
(1)
The clause of this contract entitled "Utilization of Small Business Concerns," or
(2)
An approved plan required by this clause, shall be a material breach of the contract.
(j)
The Contractor shall submit the following reports:
(1)
Standard Form 294, Subcontracting Report for Individual Contracts. This report shall
be submitted to the Contracting Officer semiannually and at contract completion. The
report covers subcontract award data related to this contract. This report is not required
for commercial plans.
(2)
Standard Form 295, Summary Subcontract Report. This report encompasses all the
contracts with the awarding agency. It must be submitted semi-annually for contracts
with the Department of Defense and annually for contracts with civilian agencies. If the
reporting activity is covered by a commercial plan, the reporting activity must report
annually all subcontract awards under that plan. All reports submitted at the close of
each fiscal year (both individual and commercial plans) shall include a breakout, in the
Contractor's format, of subcontract awards, in whole dollars, to small disadvantaged
business concerns by North American Industry Classification System (NAICS) Industry
Subsector. For a commercial plan, the Contractor may obtain from each of its
subcontractors a predominant NAICS Industry Subsector and report all awards to that
subcontractor under its predominant NAICS Industry Subsector.
47.
52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN (JAN 1999)
(a)
Failure to make a good faith effort to comply with the subcontracting plan, as used in this
clause, means a willful or intentional failure to perform in accordance with the requirements of
the subcontracting plan approved under the clause in this contract entitled "Small Business
Subcontracting Plan," or willful or intentional action to frustrate the plan.
(b)
Performance shall be measured by applying the percentage goals to the total actual
subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual
subcontracting dollars attributable to Government contracts covered by the commercial plan. If,
at contract completion or, in the case of a commercial plan, at the close of the fiscal year for
which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the
Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor
failed to make a good faith effort to comply with its subcontracting plan, established in
accordance with the clause in this contract entitled "Small Business Subcontracting Plan," the
Contractor shall pay the Government liquidated damages in an amount stated. The amount of
probable damages attributable to the Contractor's failure to comply shall be an amount equal to
the actual dollar amount by which the Contractor failed to achieve each subcontract goal.
Part IX Forms
Lessor __________ Gov't. __________
__________ of __________ Pages
GENERAL CLAUSES (Form 3517B)
Previous Page
