Section 30-2009. REVIEW AND ACCEPTANCE OF SUBCONTRACTING PLANS

 

2009.1The contracting officer shall review each subcontracting plan for adequacy, ensuring that the required information, goals, and assurances are included.

 

2009.2The contracting officer shall consider each plan in terms of the circumstances of the particular procurement, including the following:

 

(a) Previous involvement of certified minority businesses as prime contractors or subcontractors in similar procurements;

 

(b) Proven methods of involving certified minority businesses as subcontractors in similar procurements; and

 

(c) The previous success of methods the contractor intends to use to meet the goals and requirements of the plan, as evidenced by records maintained by contractors.

 

2009.3If, in a procurement by competitive sealed bidding, a bidder does not submit a plan which incorporates the required elements set forth in §2008.3, the bidder shall be ineligible for award.

 

2009.4If a plan, although responsive, reflects the bidder's intention not to comply with its obligations under the plan, the contracting officer may find the bidder nonresponsible.

 

2009.5In competitive sealed proposals, the contracting officer shall determine whether the plan is acceptable based on the results of negotiation of the elements of the plan.

 

2009.6In determining the acceptability of a proposed subcontracting plan, the contracting officer shall do the following:

 

(a) Evaluate the bidder's or offeror's past performance in awarding subcontracts for the same or similar supplies or services to certified minority businesses, or if information is not available on a specific type of supply or service, evaluate the bidder's or offeror's overall past performance;

 

(b) If the contract involves supplies or services that are particularly specialized or not generally available in the commercial market, consider the bidder's or offeror's current capacity to perform the work and the possibility of reduced subcontracting opportunities;

 

(c) Evaluate subcontracting potential, considering the nature of the supplies or services to be subcontracted, and the known availability of certified minority businesses in the geographical area where the work will be performed; and

 

(d) Evaluate the feasibility of the bidder's or offeror's proposed percentage goals.

 

2009.7The contracting officer may request the MBOC to review a sheltered market subcontracting plan within five (5) working days of receipt of the plan by the MBOC and submit recommendations to the contracting officer. The recommendations shall be considered advisory in nature.

 

2009.8When a solicitation requires submission of a subcontracting plan, the contracting officer shall ensure that an acceptable subcontracting plan is incorporated into and made a part of the contract.

 

source

Final Rulemaking published at 36 DCR 6681, 6688 (September 22, 1989).