TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: P.L. 95-507, Section 211, Subcontracting: Agency
Coordination with the Small Business Administration Resident Procurement Center
Section 211 of P.L. 95-507 amends section 8(d)(10) of the Small Business Act,
15 USC 637, to authorize the Small Business Administration (SBA) to review any
solicitation for any contract over the stated thresholds. The purpose of the
review is to determine whether maximum practicable opportunity has been afforded
small business concerns and small business concerns owned and controlled by
socially and economically disadvantaged individuals to participate as
subcontractors in such awards. Furthermore, SBA is responsible for evaluating
compliance with agreed upon subcontracting plans.
In order to facilitate the implementation of these provisions by the Small
Business Administration, departments and agencies shall observe the following
policies regarding section 8(d)(10), and shall incorporate them in their
The Small Business Administration's resident Procurement Center
Representatives shall be provided an opportunity to review any solicitation
that meets the threshold prior to release to the public. The Procurement
Center Representative shall be provided a period reasonable under the
circumstances to review the solicitation.
Prior to the execution of any negotiated contractual document requiring a
subcontracting plan, the total procurement package including the proposed
subcontracting plan shall be made available to the resident Procurement Center
Representative, with a reasonable time for review. The Procurement Center
Representative may submit recommendations, which shall be advisory in nature,
to the contracting officer. The Procurement Center Representative shall also
be provided a copy of the subcontracting plan finally negotiated by the
A copy of any subcontracting plan submitted pursuant to a formally
advertised procurement also shall be provided the resident Procurement Center
Representative upon execution of the contractual document.
The small and disadvantaged business specialist of the contracting
activity shall notify the Small Business Administration of the award of
contracts, amendments, or modifications that contain subcontracting plans. The
notification shall contain the contractor's name and address, place of
performance, dollar amount, performance period, description of contract item
or items, and name and address of contracting officer. A copy of the award
document (e.g., DD 350) is sufficient for these purposes. The notification
shall be sent to the Assistant Regional Administrator for Regional Programs in
the SBA region where contract performance is to take place.
The Director of the Office of Management and Budget concurs in the issuance
of this policy directive to be effective February 25, 1980.