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Compliance on 52.219-9: Who's responsible?


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I'm a contracts specialist at an educational institution, and we are grappling with a question about compliance. We have FAR 52.219-9 (Small Business Subcontracting Plan) inserted into various federal contracts. I see that as part of this clause, "The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan". Later, the clause indicates that this plan will be made part of the resultant contract. My question is this: If the CO never requested the plan, never made it part of the agreement, then is the University still out of compliance if we never submitted one? Do we now need to go back and pull every contract this is part of and make these 'backdated' subcontracting plans and then notify our CO? Many of these awards are well into the period of performance. Thank you for any assistance anyone can provide.

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If the contracts say the subcontracting plan must be furnished at the request of the CO, and the CO has never requested those plans, what is the issue?

I'm wondering if a clause is inserted into a contract, yet never enforced by the CO, such as 52.219-9, is the university still liable to comply (in this case, have a subcontracting plan on file that we can show proof we've followed.)

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Guest Vern Edwards

The clause is in your contract, so yes, you're liable. Whether the government will enforce the clause is another matter. Why don't you ask them?

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