1105.1 The contracting officer shall review each sheltered market subcontracting plan for adequacy, ensuring that the required information, goals, and assurances are included.

1105.2 The 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.

1105.3 If, in a procurement by competitive sealed bidding, a bidder does not submit a plan which incorporates the required elements set forth in §1104.1, the bidder shall be ineligible for award. If the 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.

1105.4 In competitive sealed proposals, the contracting officer shall determine whether the plan is acceptable based on the negotiation of each of the elements of the plan.

1105.5 In 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 goods 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 goods 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 goods 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.

1105.6 The contracting officer may request the DSLDB to review a sheltered market subcontracting plan within five (5) working days of receipt of the plan by the DSLDB and submit recommendations to the contracting officer. The recommendations shall be considered advisory in nature.

1105.7 When the 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.

1105.8 After a contract containing a sheltered market subcontracting plan is awarded, the contracting officer shall notify the DSLDB of the award and send a copy of the subcontracting plan to the DSLDB.

SOURCE: Final Rulemaking published at 35 DCR 1398 (February 26, 1988).