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Appendices (Optional--document samples, summary of
corporate experience, etc.).

Performance measurement systems and corporate resources or facilities shall be described (or referenced if already described) where relevant in Sections 2, 3, 4, or 6.


Background information available to prospective offerors

Copies of Department of Education reports or surveys on adult education will be available for inspection in Regional offices and in Room 3661 of Regional Office Building No. 3 at 7th and D Sts. S.W., Washington, D.C. A copy of the questionnaire developed by the government and submitted for clearance by the Office of Management and Budget Service (see Section G below) will also be available for inspection at these sites.

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The government will supply a pre-approved questionnaire for the mail universe survey of service providers, along with lists of the mailing addresses of these providers.

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(a) Protests, as defined in section 33. 101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAD) or the General Services Administration Board of Contract Appeals (GSBCA), shall be served on the contracting Officer by obtaining written and dated acknowledgement of receipt from the individual specified in block (10) of SF33.

(b) The copy of any protest shall be received in the office designated above on the same day a protest is filed with the GSBCA or within one day of filing a protest with the GAO.

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Potential offerors are directed to the security requirements under the clause entitled "Automated Data Processing (ADP) System Security Requirements", ED 307-13. Technical proposals must include a separately detailed plan for meeting these requirments, including any necessary subcontract applicatoins. Submission of these plans shall serve as certifications of the offerors' full intent for compliance.

L. 7

(FAR 52. 219-9) AUGUST 1989)


This clause does not apply to small business concerns.


"COMMERCIAL PRODUCT," as used in this clause, means

as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market prices. It also means a product which in the opinion of the Contracting Officer, differs only insignificantly from the contractor's commercial product.

"SUBCONTRACT, " as used in this clause, means any agreement
(other than one involving an employer-employee relationship)
entered into by a Federal Government prime Contractor or
subcontractor calling for supplies or services required for
performance of the contract or subcontract.


The offeror, upon request by the contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, which addresses separately subcontracting with small business concerns and small disadvantaged business concerns. If the offeror is submitting an individual contract plan, the plan must


separately address subcontracting with small business concerns
and with small disadvantaged business concerns with a separate
part for the basic contract and separate parts for each option
(if any). The plan shall be included in and made a part of the
resultant contract. The subcontracting plan shall be negotiated
within the time specified by the Contracting Officer. Failure
to submit and negotiate the subcontracting plan shall make the
offeror ineligible for award of a contract.


The offeror's subcontracting plan shall include the following:


Qoals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns and small disadvantaged business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs.


A statement of:

(i) (ii)

Total dollars planned to be subcontractedi
Total dollars planned to be subcontracted to
small business concernsi and
Total dollars planned to be subcontracted to
small disadvantaged business concerns.



A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to:

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A description of the method used to develop the
subcontracting goals in (1) above.


A description of the method used to identify potential
sources for solicitation purposes (e. g., existing company
source lists, the Procurement Automated Source System (PASS)
of the Small Business Administration, the National Minority
Purchasing Council Vendor Information Service, the Research
and Information Division of the Minority Business
Development Agency in the Department of Commerce,
and small disadvantaged business concerns trade


A statement as to whether or not the offeror included
indirect costs in establishing subcontracting goals, and a
description of the method used to determine the proportinate
share of indirect costs to be incurred with

small business concerns; and
small disadvantaged business concerns.




The name of individual employed by the offeror who will
administer the offeror's subcontracting programand a
description of the duties of the individual.


A description of the efforts the offeror will make to assure
that small business concerns and small disadvantaged
business concerns have an equitable opportunity to compete
for subcontracts.


Assurances that the offeror will include the clause on this
contract entitled "Utilization of Small Business Concerns
and Small Disadvantaged Business Concerns" in all
subcontracts that offer further subcontracting
opportunities, and that the offeror will require all
subcontractors (except small business concerns) who receive
subcontracts in excess of $500,000 ($1.000, 000 for
construction of any public facility), to adopt a plan
similar to the plan agreed to be the offeror.


Assurances that the offeror will:
(i) cooperate in any studies or surveys as may be

(ii) submit periodic reports in order to allow the

Government to determine the extent of compliance by

the offeror with the subcontracting plan,
(iii) submit Standard Form (SF) 294, Subcontracting Report

for Individual Contracts, and/or SF 295, Summary
Subcontract Report, in accordance with the

instructions on the forms, and
(iv) ensure that its subcontractors agree to submit

Standard Form 294 and 295.


A recitation of the types of records the offeror will
maintain to demonstrate procedures that have been adopted
to comply with the requirements and goals in the plan,
including establishing source lists; and a description of
its efforts to locate small and small disadvantaged
business concerns and award subcontracts to them. The
records shall include at least the following (on a
plant-wide or company-wide basis, unless otherwise



Source lists, guides, and other data that identify
small and small disadvantaged business concerns.
Organizations contacted in an attempt to locate
sources that are small or small disadvantaged
business concerns.
Records on each subcontract solicitation resulting
in an award of more than $100, 000, indicating:




whether small business concerns were solicited
and if not, why not,
whether small disadvantaged business concerns
were solicited and if not, why not, and
if applicable the reason award was not made



to a small business concern.


Records of any outreach efforts to contact:

(a) trade associations,
(b) business development organizations, and
(c) conferences and trade fairs to locate
to locate small and small disadvantaged business


Records of internal guidance and encouragement
provided to buyers through:

workshops, seminars, training, etc., and
(b) monitoring performance
to evaluate compliance with the program's


On a contract-by-contract basis, records to support
award data submitted by the offeror to the Govern-
ment, including the name, address, and business size
of each subcontractor. Contractors having company
or division-wide annual plans need not comply with
this requirement.


In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:


Assist small business and small disadvantaged business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor's lists of potential small business and small disadvantaged subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.


Provide adequate and timely consideration of the potentialities of small business and small disadvantaged business concerns in all "make-or-buy" decisions.


Counsel and discuss subcontracting opportunities with representatives of small and small disadvantaged business firms.


A master subcontracting plan on a plant or division-wide basis which contains all the elements required by (d) above, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clausei provided,

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