Section 30-2008. SHELTERED MARKET SUBCONTRACTING

 

2008.1The contracting officer shall review each solicitation that has not been designated for the sheltered market to determine whether the sheltered market program established by the Board would apply to subcontracts that might be let under the proposed contract, in accordance with Chapter 6 of Title 27 DCMR.

 

2008.2The contracting officer shall include in each solicitation for which a portion of the subcontracting is designated for the sheltered market a clause, approved by the Director, which sets forth the requirements for a sheltered market subcontracting plan, including the time limits for submitting the plan.

 

2008.3Each certified minority business subcontracting plan shall include the following:

 

(a) A percentage goal for using certified minority businesses;

 

(b) The name of an individual employed by the bidder or offeror who will administer the sheltered market subcontracting program, and a description of the duties of the individual;

 

(c) A description of the efforts the bidder or offeror will make to ensure that certified minority businesses will have an equitable opportunity to compete for subcontracts;

 

(d) In subcontracts that offer. further subcontracting opportunities, assurances that the bidder or offeror will include a clause, approved by the Director, that the sub-contractor will adopt a sheltered market plan similar to the plan in the contract;

 

(e) Assurances that the bidder or offeror will cooperate in studies or surveys that may be required by the contracting officer, and submit periodic reports to the contracting officer to allow the Agency to determine the extent of compliance by the bidder or offeror with the subcontracting plan;

 

(f) A description of the types of records the bidder or offeror will maintain to demonstrate compliance with the subcontracting plan, including establishing source lists; and

 

(g) A description of the bidder's or offeror's recent efforts to locate certified minority businesses and to award subcontracts to those businesses.

 

2008.4For each solicitation in which a portion of the subcontracting is designated for the sheltered market, the contracting officer shall require the low bidder or the apparently successful offeror to submit a sheltered market subcontracting plan.

 

2008.5If the low bidder or apparently successful offeror does not submit a sheltered market subcontracting plan within the time limit set by the contracting officer in the solicitation, that bidder or offeror shall be ineligible for award.

 

2008.6A contractor may establish a master subcontracting plan which contains all the elements required except percentage goals, subject to approval by the contracting officer. The contracting officer shall recognize the master subcontracting plan for a one (1) year period after approval.

 

2008.7When incorporated in an individual contract, a master subcontracting plan shall apply to that contract throughout the life of the contract.

 

source

Final Rulemaking published at 36 DCR 6681, 6687 (September 22, 1989).