FEDERAL QUARTERLY SUMMARY SUBCONTRACTING REPORT Note: See reverse side 1. Federal Department or Agency Administering Contracts for necessary instructions. Reporting Period Form Approved From (Day, Month, Year) to (Day, Month, Year) 5. Subcontract and Purchase Commitments Awarded to the Following Based on Federal Government Prime or Subcontract Awards 8. Remarks: (Include a short narrative explanation if no dollar awards were made to small business or disadvantaged business; if the current ratio of dollar awards to small firms decreased by more than five percentage points below last year's ratio for the same cumulative quarter; or if the percentage of awards to disadvantaged firms decreased in comparison to last year for the same cumulative quarter.) INSTRUCTION POR PREPARING FEDERAL QUARTERLY SUMMARY SUBCONTRACTING REPORT This report is to be submitted each calendar quarter by all Federal tractors and subcontractors which are, pursuant to the Small Business. of 1958, as amended by Public Law 95-307, required to establish contracting plans in support of small business and small disadvantaged iness concerns. Report shall be submitted not later than 25 days after close of the quarter being reported. In the case of reports covering contracts awarded by the military artments or agencies of the Department of Defense (DOD) or contracts awarded by DOD prime contractors, the original copy of each xt shall be submitted directly to the Office of the Under Secretary of ense for Research and Engineering, Attentions Director of Small iness and Economic Utilization Policy, The Pentagon, Washington, D.C. 1. A copy of the report will be submitted to the appropriate office d below whose military activity is responsible for contract inistration of the contractor: Army-Director of Small and Disadvantaged Business Utilization, Office of the Secretary of the Army, Washington, D.C. 20360 Navy Director of Small and Disadvantaged Business Utilization, Office of the Navy, Washington, DC. 20360 Air Force Director of Small and Disadvantaged Business Utilization, Office of the Secretary of Air Force, Washington, DC. 20330 DLA Staff Director of Small and Disadvantaged Business Utilization, HQ Defense Logistics Agency (Attention: U), Cameron Station, Alexandria, Virginia 22314 Each reporting corporation, company, or subdivision (excluding ractors involved in maintenance, repair, and construction) shall report equired information for the reporting unit as a whole on the basis of otal "mix" of Department of Defense business (e.g., commitments for ntracting work shall not be segregated as between subcontracts g from work for the Army, Navy, Air Force, or Defense Agencies). efense contractors, except those involved in maintenance, repair, and Juction, will also submit two (2) copies to the cognizant military tment, or DOD agency which is responsible for administering the e or subcontractor. Construction contractors shall submit, similarly quarterly basis, two (2) copies of this Standard Form to their priate military construction contract administration "activity. If a nion contractor is involved with more than one contract nistration activity, he will submit this Standard Form to each ity reflecting the contract awards under the supervision of the cular contract administration activity. Only military subcontract and purchase commitments involving rmance within the U.S., its possessions, Puerto Rico, and the Trust tory of the Pacific Islands will be included in this report. For reports covering contracts awarded by all other Federal. tments or Agencies other than the Department of Defense and ntracts placed by prime contractors of such departments or agencies, riginal copy shall be sent to the Department or Agency Director of and Disadvantaged Business Utilization in accordance with ctions issued by respective Department or Agency. 7. This report is not required to be submitted by small business or disadvantaged business firms. SPECIFIC INSTRUCTIONS ITEM I. For the DOD, specify the military department or agency and its representative who has contract responsibility for the subcontracting program of the corporation or plant (e.g., Army, Navy, Air Force, or Defense Contract Administration Services. Do not enter Under Secretary of Defense for Research and Engineering (USDRE) For all other Federal departments and agencies, identily activity having contract administration responsibility. If a contractor is performing work for more than one Federal agency, this report shall be subriitted to each such agency covering contracts awarded by that agency. ITEM 2. Enter the name of the reporting corporation, company, or subdivision thereof (e.g, division or plant) which is covered by the data submitted. Report is to be submitted on a plant or division basis of operation as a separate profit center. A company not having separate plants or divisions will report on a company-wide basis. ITEM J. Show whether reporting business is performing as a prime or subcontractor or both. ITEM 4. For reports submitted to the Department of Defense, enter date of last formal surveillance review of contractor's subcontracting program conducted by the Small and Disadvantaged Business Specialist of the cognizant military department, or Defense Contract Administration Services For other Federal departments or agencies, enter date of surveillance review conducted by the department or agency Small and Disadvantaged Business Specialist or other review personnel. In those cases where the Small Business Administration conducts its own review, show "SBA" and date. Reports submitted to the Department of Deferse should show reviews conducted DOD personnel. ITEM 5. Enter the day, month, and the year of the first and last days af the quarterly period covered by this report. Dollar amounts of all awards and purchase orders (including those awards which are not related to performance of specific contracts with subcontracting plans required by Federal agencies) are to be reported on a quarterly cumulative basis until the end of the fiscal year on 30 September after which a new quarterly reporting cycle is to be initiated commencing with the first quarter from 1 October through 31 December. Dollar amounts reported should include direct awards and the appropriate prorata portion of the prime contractors Indirect awards such as general and administrative support contracted with large, small, disadvantaged and women-owned business. This portion should be based on the percentage of the Federal department or agency work being performed by the prime contractor in relation to other commercial work performed for other activities. Particular care should be taken not to include in this report purchase commitments made in support of commercial business being performed by the contractor. ITEM 6. Show dollar amount of awards valued over $10,000 placed in labor surplus areas (LSA). Prime contractors are encouraged to include asso awards valued less than $10,000 if such additional reporting does not impose a burden upon the contractor. LSAS are identified in the Department of Labor (DOL) publication "Labor Surplus Area Listings which can be obtained from the Federal Agency contracting officer or by writing to Employment and Training Administration, ATTN: TPPLI Department of Labor, 601 "D" Street, NW, Washington, DC. 20213. ITEMS 7, 8, 9 and 10 are self-explanatory. DEFINITIONS nel! Business Concern is a concern that meets the pertinent criteria ished by the Small Business Administration. he term socially and economically disadvantaged small business m means any small business concern which is at least 31 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly-owned business, at least 51 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and whose management and daily business operations are controlled by e or more of such individuals. The contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small 4. Remarton On final report provide explanation why small business, small disadvantaged business, or women-owned business goal (if applicable) was not met. which is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly-owned business, at least $1 per centum of the stock of which is owned by one or more socially and economically disadvantaged individuals; and whose management and daily business operations are controlled by one or more of such individuals. The contractor shall presume that socially and economically dsadvantaged individuals include Black Americans, Hispanie Americana, Native Americans, Asian-Pacific Americans and other minorities, or any other individual found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act. "Native Americans Include American Indiana Bakimos, Aleuts and native Hawllans. "Asian Pacific Americar Include US citizens whose origins are from Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the US. Trust Territories of the Pacifle, Northern Marianas, Laos, Cambodia and Taiwan. Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as either a small business concern or a small business concern owned and controlled by socially and economically disadvantaged Individuals. (a) The Office of Minority Small Business and Capital Ownership Development in the Small Business Administration will answer inquires from prime contractors and others relative to the class of eligibles. 3. Women-Owned Business means a business that is at least 51 percents owned by a woman or women who also control and operate it. "Control" in this context means exercising the power to make policy decisions "Operate" in this context means being actively involved in the day-to-day management. 4. Direct awards are those which are identified with the performance of a specific government contract, including allocable parts of awards for material which is to be incorporated into products under more than one Government contract. 5. Indirect awards are those which, because of incurrence for common ar joint purposes, are not identified with specifle Government contract these awards are related to Government contract performance but remain for allocation after direct awards have been determined and identified to specific Government contracts. Business Classification Code LB D68 DLB WOSB WOLB NP n The shove referenced codes shall be used in Section 1, Item 64. GUIDELINES FOR MODIFYING CONTRACTS THAT REQUIRE SUBCONTRACTING PLANS 1. The letter at enclosure 6 will be sent to contractors who have contracts meeting the criteria in Temporary Regulation 50, that is, contracts exceeding $1,000,000 in the case of construction, and $500,000 in all other cases. This letter will not be sent to contractors meeting the criteria who are small business. 2. If the contractor calls and asks about the subcontracting utilization clause and the subcontracting plan, explain that it is a requirement of the law. Encourage the contractor to provide the information requested and explain that we understand the unusual circumstances and the prior commitments of the contractor. These will be taken into consideration when we look at their submission. 3. If the contractor sends back the signed modification and a completed plan, the contracting officers should use their best judgment in determining the plan's acceptability and take into consideration the following circumstances: All the contractor's subcontracting commitments are uncancelable. b. The contractor has an existing subcontracting program which includes significant subcontracting with small and small and disadvantaged companies. c. The contractor is subcontracting with small and swall and disadvantaged companies in the performance of the contract in question. d. The contractor does not subcontract any aspect of contract performance. e. The availability of small and small and disadvantaged companies for subcontracting on the contract in question is not there. If acceptable, the contracting officer will return one copy of the approved plan and the contract modification to the contractor. 4. If the contractor's response to the letter at enclosure 6 is totally or partially deficient, that is, it fails to accept the subcontracting clause and/or provide a subcontracting plan as requested, the contracting officer will advise the contractor of the deficiency and ask that the deficiency be corrected. If the deficiency is corrected, then the procedures in paragraph 3 above should be followed. If the contractor does not correct the deficiency, the contracting officer should enter into further discussions with the contractor unless further discussions will adversely affect the timely delivery of goods and services. 5. If it is evident that further discussions with the contractor will not result in the acceptance of the subcontracting clause and the submission of a subcontracting plan, the contracting officer will consider termination for Enclosure 5 |