Difference between revisions of "FAR 52.219-8 - Utilization of Small Business Concerns"

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{{ContractClause
 
{{ContractClause
|EffectiveDate=2013/07/01
+
|EffectiveDate=2014/05/01
 
|ClauseorProvision=Clause
 
|ClauseorProvision=Clause
|ProvisionClauseNumberAlternate=52.219-8
 
 
|Prescribedin=19.708(a)
 
|Prescribedin=19.708(a)
|TypePurposeContract=Fixed Price Service -A; Cost Reimbursement Research and Development -A; Fixed Price Research and Development -A; Cost Reimbursement Supply -A; Fixed Price Supply -A; Cost Reimbursement Service -A; Fixed Price Construction -A; Cost Reimbursement Construction -A; Time and Materials/Labor Hour -A; Leasing of Motor Vehicles -A; Communication Services -A; Dismantling, Demolition, or Removal of Improvements -A; Architect-Engineering -A; Facilities -A; Indefinite Delivery -A; Transportation -A; Simplified Acquisition Procedures -O; Utility Services -A
+
|TypePurposeContract=Time and Materials/Labor Hour -A
|ProvisionClauseDescription=Utilization of Small Business Concerns.
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|TypeofContractApplicable=Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Utility Services
|FARClauseOverview===Policy (a)==  
+
|TypeofContractOptional=Simplified Acquisition Procedures (Excludes Micro-Purchase)
It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.
+
|CCSubject=Subcontract(s)/Subcontractor(s)
 +
|PrescriptionOverview===Prescription==
  
(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor’s compliance with this clause.
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'''(a)''' Insert the clause at 52.219-8, Utilization of Small Business Concerns, in solicitations and contracts when the contract '''amount is expected to exceed the simplified acquisition threshold unless'''—
 +
 
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(1) A personal services contract is contemplated (see 37.104); or
 +
 
 +
(2) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.
 +
|FARClauseOverview===Clause==
 +
===Policy===
 +
'''(a)'''It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.
 +
 
 +
===Contractor Agreement===
 +
'''(b)''' The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor’s compliance with this clause.
 
   
 
   
 
==Definitions==
 
==Definitions==
[[HUBZone Small Business Concern]]
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*[[HUBZone Small Business Concern]]
[[Service-Disabled Veteran-Owned Small Business Concern]]
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*[[Service-Disabled Veteran-Owned Small Business Concern]]
|ImportantNotesRequirements=[[FAR 52.219-9]] Small Business Subcontracting Plan establishes the requirements for this clause.
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*[[Service-Disabled Veteran]]
 +
|ImportantNotesRequirements=[[FAR 52.219-9 - Small_Business_Subcontracting Plan]] establishes the requirements for this clause.
  
 
==Risk of Non-Compliance==
 
==Risk of Non-Compliance==
 
*Material Breach of Contract
 
*Material Breach of Contract
*Liquidated Dames - see [[FAR 52.219-16]] Liquidated Damages - Subcontracting Plan
+
*Liquidated Damages - see [[FAR 52.219-16 - Liquidated Damages - Subcontracting Plan]]
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 +
 
 +
 
 +
[[Category:FAR 52 - Solicitation Provisions and Contract Clauses]]
 
|IncorporatedbyReference=Yes
 
|IncorporatedbyReference=Yes
 
|UniformContractFormat=I
 
|UniformContractFormat=I
 
|Editor=Marshall
 
|Editor=Marshall
 +
|ProvisionClauseNumberAlternate=52.219-8
 +
|ProvisionClauseDescription=-
 
|Checked=no
 
|Checked=no
 
|HasTermDate=2014/03/28
 
|HasTermDate=2014/03/28

Latest revision as of 17:38, 8 June 2015

***

Contents

Prescribed in 19.708(a)

Effective Date:1 May 2014
Clause or Provision:Clause
Provision or Clause Number: 52.219-8 - Utilization of Small Business Concerns

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Time and Materials/Labor Hour; Facilities; Architect-Engineering; Dismantling, Demolition or Removal of Improvements; Fixed Price, Supply; Cost Reimbursement, Supply; Communication Services; Leasing of Motor Vehicles; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Construction; Cost Reimbursement, Service; Fixed Price, Service; Cost Reimbursement, R&D; Fixed Price, R&D; Indefinite Delivery; Transportation; Utility Services
Optional:Simplified Acquisition Procedures (Excludes Micro-Purchase)
Subject:Subcontract(s)/Subcontractor(s)
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

(a) Insert the clause at 52.219-8, Utilization of Small Business Concerns, in solicitations and contracts when the contract amount is expected to exceed the simplified acquisition threshold unless

(1) A personal services contract is contemplated (see 37.104); or

(2) The contract, together with all of its subcontracts, will be performed entirely outside of the United States and its outlying areas.

Clause Overview:

Clause

Policy

(a)It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

Contractor Agreement

(b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor’s compliance with this clause.

Definitions

Important Notes/Requirements:

FAR 52.219-9 - Small_Business_Subcontracting Plan establishes the requirements for this clause.

Risk of Non-Compliance

Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.