AmericanJan Posted November 4, 2011 Report Share Posted November 4, 2011 We are a Subcontractor on a large contract. We are not considered a Small Business. We were not asked to submit a Small Business Plan to the Prime; then a few days ago the prime notified us we were supposed to report. When is a Subcontractor required to submit a Small Business Plan to the Prime? Are we obligated to the expected percentages outlined in the Prime contract? Our flowdowns are 52.219-9 Alt II and 252.219-7003. Link to comment Share on other sites More sharing options...
ji20874 Posted November 4, 2011 Report Share Posted November 4, 2011 You're silent on the matter of what you're providing to the prime. Commercial items? Paragraph (j) of the contract clause at FAR 52.219-9 indicates that subcontracing plans are not required from subcontractors when the prime contract includes the clause at FAR 52.212-5 or when the subcontractor provides a commercial item subject to the clause at FAR 52.244-6 under a prime contract. Link to comment Share on other sites More sharing options...
AmericanJan Posted November 5, 2011 Author Report Share Posted November 5, 2011 You're silent on the matter of what you're providing to the prime. Commercial items? Paragraph (j) of the contract clause at FAR 52.219-9 indicates that subcontracing plans are not required from subcontractors when the prime contract includes the clause at FAR 52.212-5 or when the subcontractor provides a commercial item subject to the clause at FAR 52.244-6 under a prime contract. Our subcontract is for (A/E) design services. The prime contract does not include FAR 52.212-5. Link to comment Share on other sites More sharing options...
Cajuncharlie Posted November 7, 2011 Report Share Posted November 7, 2011 "When is a Subcontractor required to submit a Small Business Plan to the Prime?" When the subcontract requires it. One of the subcontract flowdowns, 52.219-9 Alt II, begins, "Proposals submitted in response to this solicitation shall include a subcontracting plan...". "Are we obligated to the expected percentages outlined in the Prime contract?" No, absent a specific flowdown that says so. Looks like the prime forgot about all this until reporting time came around. The sub does owe the prime a plan. Goals are negotiable but may be difficult to negotiate. A going in position for the sub might be a set of goals that make sense for the scope of work and the sub's in-house capabilities. Another factor to consider in this case would be the actual lower tier subcontracts in place at the time the prime remembered and began enforcing the flowdowns. Link to comment Share on other sites More sharing options...
ji20874 Posted November 8, 2011 Report Share Posted November 8, 2011 The requirement for a prime contractor to obtain subcontracting plans from its subcontractors exists in para. (d)(9) of the clause at FAR 52.219-9. Link to comment Share on other sites More sharing options...
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