The University of Texas at Austin
Master Small Business Subcontracting Plan
February 2002
The University of Texas at Austin's Master Small Business Subcontracting
Plan includes veteran-owned small business concerns (VOSB), service-disabled
veteran-owned small business concerns (SDVOSB), historically underutilized
business zone (HUBZone), small business concerns (SB), small disadvantaged
business concerns (SDB), including historically black colleges and universities
and minority institutions (HBCU/MIs), and women-owned small business concerns
(WOSB).
Contractor:
The University of Texas at Austin
Office of Sponsored Projects
P.O. Box 7726
Austin, Texas 78713-7726
Phone: (512) 471-6424
Fax: (512) 471-6564
Authorized Institutional Representative:
Mr. Arthur A. McDonald, HUB/SADBO Director
Administrative Contracting Officer:
Office of Naval Research
San Diego Regional Office
4520 Executive Dr., Suite 300
San Diego, CA 92121-3019
The Master Small Business Subcontracting Plan and Exhibit are submitted
in accordance with Public Law 95-507, 103-355, 105-135 Historically Underutilized
Business Zone Act of 1997, and the Veteran Entrepreneurship and Small
Business Development Act of 1999. P.L. 106-50 as implemented by the Federal
Acquisition Regulation 19.702, the Defense Supplement thereto, Public
Law 100-180 and 103-33.
A. Goals
Goals for the use of small business (SB), veteran-owned small business
(VOSB), service-disabled veteran-owned small business (SDVOSBs), historically
underutilized business zone (HUBZone) small business, small disadvantaged
business (SDB), including historically black colleges and universities
and minority institutions (HBCU/MIs) including tribal colleges and universities,
and women-owned small business (WOSB) concerns will be developed for each
solicitation expected to exceed $500,000 and will be expressed in terms
of percentages and dollars of total planned subcontracting using Exhibit
1. Goals for each solicitation will also include a description of the
principal products and services to be acquired from each of the small
business entities. (Please note: Subcontracting amounts must not include
University system transfers.)
Method for Developing Goals
The Principal Investigator (PI) for the research program shall first
determine the goods or services that will need to be obtained through
subcontracting a portion of the research program budget. Small business
subcontracting goals are then developed through consultation between
the university's Historically Underutilized Business/Small and Disadvantaged
Business Office (HUB/SADBO) and the PI. As needed to facilitate establishment
of the goals, the HUB/SADBO and PI shall utilize the expertise of the
research administrator and purchasing officials, utilize market research
tools, and shall consider past experience regarding the availability
of small businesses to fulfill specific requirements in the area of
research or supporting requirements. The capabilities and past performance
of the SB/SDB shall be considered in determining whether or not to include
the SB/SDB in the goals. Qualified small, disadvantaged, women-owned,
veteran-owned, service-disabled veteran-owned and HUBzone firms shall
be used to meet program goals whenever possible. Reasonable goals are
established based on the determination of the type and value of the
needed subcontracts and the availability of qualified firms.
B. Indirect Costs
Goals do not include indirect costs.
C. Source Lists
Source lists utilized in identifying small, disadvantaged, women-owned,
veteran-owned, and HUBzone firms to meet established research program
needs include:
Mr. McDonald's specific duties include, but are not limited to:
Developing and promoting company/division policy statements that demonstrate
the company's/division's support for awarding contracts and subcontracts
to small, HUBZone, small disadvantaged, women-owned small, veteran-owned
small and service-disabled veteran-owned small businesses concerns;
Developing and maintaining bidders' list of small, HUBZone, small
disadvantaged, women-owned small, veteran-owned small, service-disabled
veteran-owned businesses, and HBCU/MI concerns from all possible sources;
Assuring inclusion of small business, small disadvantaged, women-owned
small, HUBZone, Historically Black Colleges and Universities/Minority
Institutions (HBCU/MI), service-disabled veteran-owned and veteran-owned
small concerns in all solicitations for products or services which they
are capable of providing;
Ensuring periodic rotation of potential subcontractors on bidders
lists;
Attending or arranging for attendance of company counselors at Business
Opportunity Workshops, Minority Business Enterprise Seminars, Trade
Fairs, etc.;
Conducting or arranging for conduct of motivational training for purchasing
personnel pursuant to the intent of Public Law 95-507;
Monitoring attainment of proposed goals;
Preparing and submitting required subcontracting reports;
Coordinating the university's activities during the conduct of compliance
reviews by federal agencies;
Coordinating the conduct of contractor’s activities during the
university’s small and small disadvantaged business subcontracting
program;
Assuring that small, HUBZone, small disadvantaged, women-owned small,
service-disabled veteran-owned small and veteran-owned small businesses
are included on the bidders’ list for every subcontract solicitation
for products and services they are capable of providing;
Ensuring that subcontract procurement "packages" are designed
to permit the maximum possible participation of small, HUBZone, small
disadvantaged, women-owned small, service-disabled veteran-owned, veteran-owned
small businesses, and HBCU/MIs;
Reviewing subcontract solicitations to remove statements, clauses,
etc., which might tend to restrict or prohibit, small, HUBZone, small
disadvantaged, women-owned small, service-disabled veteran-owned small,
veteran-owned small businesses and HBCU/MI participation;
Ensuring that buyers document the reason(s) for not selecting any
low bids submitted by small, HUBZone, small disadvantaged, women-owned
small, service-disabled veteran-owned small, veteran-owned small businesses,
and HBCU/MIs;
Overseeing the establishment and maintenance of contract and subcontract
award records;
Directly or indirectly counseling small, HUBZone, small disadvantaged,
women-owned small, service-disabled veteran-owned small, veteran-owned
small businesses concern, and HBCU/MIs on subcontracting opportunities
and how to prepare responsive bids to the company;
Providing notice to subcontractors concerning penalties for misrepresentations
of business status as small, HUBZone, small disadvantaged, women-owned
small, service-disabled veteran-owned small or veteran-owned small businesses
for the purpose of obtaining a subcontract that is to be included as
part or all of a goal contained in the contractor’s subcontracting
plan;
Developing and maintaining an incentive program for buyers which supports
the subcontracting program;
Monitoring the company’s performance and making any adjustments
necessary to achieve the subcontract plan goals; and
Ensuring that outreach efforts include contacting minority and small
business trade associations, and business development organizations.
E. Assurances and Flowdown
The university agrees to include the Federal Acquisition Regulation (FAR)
clause 52.219-8 entitled "Utilization of Small Business Concerns"
in all subcontracts that offer further subcontracting opportunities. All
subcontractors (except SB Concerns) who receive subcontracts in excess
of $500,000 will be required to adopt and comply with a subcontracting
plan similar to the plan required by FAR 52.219-9, entitled "Small
Business Subcontracting Plan."
The acceptability of percentage goals shall be determined on a case-by-case
basis depending on the supplies/services involved, the availability of
potential small business, veteran-owned small business, service-disabled
veteran-owned small business, women-owned small business, historically
underutilized business zone small business, small disadvantaged business,
and historically black college and university/minority institution subcontractors,
and prior experience. Upon approval and implementation, plans will be
monitored through the submission of periodic reports, and/or, as time
and availability of funds permit, periodic visits to subcontracting program
participants.
F. Reports and Studies
The university agrees to submit required reports and to cooperate in
studies or surveys as may be required by the contracting agency or the
Small Business Administration to comply with the university’s subcontracting
plan and the clause entitled "Utilization of Small Business Concerns"
contained in the contract.
The university agrees to submit the original and one copy of "Subcontracting
Report for Individual Contracts," SF 294, in accordance with the
instructions on the report as referenced in Public Law 95-507, Section
211 for each contract that includes a subcontracting plan requirement.
The report shall be submitted for the entire life of each contract within
thirty (30) days after the close of each reporting period.
The university shall submit the "Summary Subcontract Report,"
SF 295, in accordance with the instructions on the report as referenced
in Public Law 95-507, Section 211.
G. Small Businesses Equitable Opportunity to Compete
The following efforts will be taken to assure that SB, VOSB, SDVOSB,
WOSB, HUBZone, SDB, and HBCU/MI will have an equitable opportunity to
compete for subcontracts:
The university’s outreach efforts will include contacts with
minority and small business trade associations, contacts with business
development organizations, and attendance at small and minority business
procurement conferences and trade fairs;
Sources will be requested from the State of Texas Certified Master
Bidders;
The following internal efforts will be made to guide and encourage
buyers:
Workshops, seminars, and training programs will be conducted;
Activities will be monitored to evaluate compliance with this
subcontracting plan; and Interviews will be arranged with SB, VOSB,
SDVOSB, WOSB, HUBZoneSB, SDB, and HBCU/MI concerns.
SB, VOSB, SDVOSB, WOSB, HUBZoneSB, SDB, and HBCU/MI concern source
lists, guides and other data identifying SB, VOSB, SDVOSB, WOSB,
HUBZoneSB, SDB, and HBCU/MI concerns will be maintained and utilized
by buyers in soliciting subcontracts.
H. Recordkeeping
As required by FAR 19.704 (a)(11), records will be maintained by the
university to document the procedures adopted for compliance with the
requirements and goals in the subcontracting plan.
These records will include the following categories:
Source list, guides, and other data identifying SB, VOSB, SDVOSB,
WOSB, HUBZoneSB, SDB, and HBCU/MI concerns;
Organizations contacted to locate SB, VOSB, SDVOSB, WOSB, HUBZoneSB,
SDB, and HBCU/MI concerns;
On a contract-by-contract basis, records on all subcontract solicitations
over $100,000, indicating for each solicitation (1) whether SB concerns
were solicited, and if not, why not, (2) whether VOSB concerns were
solicited, and if not, why not; (3) whether WOSB concerns were solicited,
and if not, why not; (4) whether HUBZone concerns were solicited, and
if not, why not; (5) whether SDB concerns were solicited, and if not,
why not, and (6) reasons for the failure of solicited SB, VOSB, SDVOSB,
WOSB, HUBZone, and SDB concerns to receive the subcontract award;
Records to support additional outreach efforts (e.g., contacts with
minority and small business trade associations, attendance at small
and minority business procurement conference and trade fairs); and
Records to support internal activities to (1) guide and encourage
purchasing personnel (e.g., workshops, seminars, training programs,
incentive awards); and (2) monitor activities to evaluate compliance.
I. Timely Payments to Subcontractors
As required by FAR 19.702, the university will establish procedures to
ensure timely payment of amounts due pursuant to the terms of your subcontracts
with small business concerns, HUBZone small business concerns, small disadvantaged
business concerns, women-owned small business concerns, service-disabled
veteran-owned small business concerns and veteran-owned small business
concerns.
J. Description of Good Faith Effort
Maximum practicable utilization of small, HUBZone, small disadvantaged
women-owned, service-disabled veteran-owned small and veteran-owned small
business concerns as subcontractors in Government contracts is a matter
of national interest with social and economic benefits. When a contractor
fails to make a good faith effort to comply with a subcontracting plan,
these objectives are not achieved, and 15 U.S.C. 637(d)(4)(F) directs
that liquidated damages shall be paid by the contractor. In order to demonstrate
the university’s compliance with a good faith effort to achieve the
small, HUBZone, small disadvantaged, women-owned small, service-disabled
veteran-owned small and veteran-owned small businesses subcontracting
goals an outline of the steps the university will follow are listed below.
Each contract of $100,000 or more will be reviewed for subcontracting
opportunities;
Each contract of $500,000 or more will require a small business subcontracting
plan;
Intense outreach efforts will be conducted to include small businesses;
and
In conjunction with the PIs, the Subcontract Program Administrator will
develop and monitor goals monthly to ensure compliance.
