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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.

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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.

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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.

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"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.

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