RFP No 5518 Article III Required Information Including Forms

rfp no. 5518 article iii: required information including forms policy regarding utilization of small business concerns and small d

RFP No. 5518
Article III: Required Information Including Forms
POLICY REGARDING UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL
DISADVANTAGED BUSINESS CONCERNS
The following policy of the United States shall be adhered to in the
performance of this Contract:
a. It is the policy of the United States that small business concerns
and small business concerns owned and controlled by socially and
economically disadvantaged individuals 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 prime
contractors establish procedures to ensure the timely payment of
amounts due pursuant to the terms of their subcontracts with small
business concerns and small business concerns owned and controlled by
socially and economically disadvantaged individuals.
b. Supplier hereby agrees to carry out this policy in the awarding of
subcontracts to the fullest extent consistent with efficient contract
performance. Supplier 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 Supplier's compliance with this
clause.
c. As used in this Contract, the term "small business concern" shall
mean a small business as defined in Section 3 of the Small Business
Act and relevant regulations promulgated pursuant thereto. The term
"small business concern owned and controlled by socially and
economically disadvantaged individuals" shall mean a small business
concern (1) which is at least 51 percent unconditionally owned by one
or more socially and economically disadvantaged individuals; or, in
the case of any publicly owned business, at least 51 percent of the
stock of which is unconditionally owned by one or more socially and
economically disadvantaged individuals; and (2) whose management and
daily business operations are controlled by one or more of such
individuals. This term also means a small business concern that is at
least 51 percent unconditionally owned by an economically
disadvantaged Indian tribe or Native Hawaiian Organization, or a
publicly owned business having at least 51 percent of its stock
unconditionally owned by one of these entities which has its
management and daily business controlled by members of an economically
disadvantaged Indian tribe or Native Hawaiian Organization, and which
meets the requirement of 13 CFR part 124. Supplier shall presume that
socially and economically disadvantaged individuals include Black
Americans, Hispanic Americans, Native Americans, Asian-Pacific
Americans, Subcontinent Asian Americans, and other minorities, or any
other individual found to be disadvantaged by the Administration
pursuant to Section 8(a) of the Small Business Act. Supplier shall
presume that socially and economically disadvantaged entities also
include Indian Tribes and Native Hawaiian Organizations.
d. Supplier acting in good faith may rely on written representations
by its subcontractors regarding their status as either a small
business concern or a small business concern owned and controlled by
socially and economically disadvantaged individuals.1
1 Notwithstanding this provision of the federal statute, all WMDVBE
subcontractors must be verified pursuant to the procedures prescribed
in Section 2 of CPUC General Order 156, as such procedures may be
amended periodically.