We are a General Contractor bidding a small business set aside (size standard $33 million). The soliciation manual includes "clauses included by text" such as 52.219-4001 (Subcontracting Plan for Small Business Concerns) which says "...large businesses must submit a subcontracting plan..."; 52.219-8 (Utilization of Small Business Concerns May 2004) which says "...Contractor further agrees to cooperate in any studies or surveys as may be conducted by the US SBA...to determine Contractors compliance..."; 52.219-9 (Small Business Subcontracting Plan April 2008-Alternate Oct 2001-Deviation) which says "This clause does not apply to small business concerns."; 52.219-16 (Liquidated Damages-Subcontracting Plan-Jan 1999).
We do lots of bid work for different agencies requiring DBE (of differing kinds) participation. These agencies thus far (State DOT, FAA funded jobs) require reporting with the bid submission regarding DBE participation, good faith efforts, etc.
The USACE bid package I am working now differs in that I do not see any requirement for reporting at bid time of DBE participation/good faith efforts. What I see in the way of verifying compliance is the "Subcontracting Plan", which appears to be required after bid but prior to award. Is that correct?
It also appears that the wording in the applicable clauses state that Subcontracting Plans do not have to be submitted by Small Business Concerns. Is that correct? If so, why would they be present in a bid solication package that is 100% small business set-aside?
What requirements are there for small business concerns bidding and being awarded prime contracts on small business set-aside projects with regard to reporting DBE (of all kinds) participation, good faith efforts, compliance with requirements to provide maximum opportunity for DBEs (of all kinds) to perform subcontract work? I cannot find anything on the Form 1442 that says anything about submitting a Subcontracting Plan nor can I find any bid forms that require reporting of this type of data at bid time or any time thereafter.