252.219-7997 Small Business Subcontracting Plan (Test Program)

This clause was introduced by the Revolutionary FAR Overhaul (EO 14275) and does not appear in the codified eCFR. It applies to contracts using the RFO model.

RFO Prescription

219.109 Small business subcontracting plans.

(e)(2)(B) For contracts with comprehensive subcontracting plans approved
under the Test Program described in 219.206-70, including contracts using FAR part 12
procedures for the acquisition of commercial products and commercial services, insert
the clause at 252.219-7997, Small Business Subcontracting Plan (Test Program),
instead of the clauses at—

(1) 252.219-7996 , Small Business Subcontracting Plan (DoD
Contracts);

(2) FAR 52.219-9, Small Business Subcontracting Plan; and

(3) FAR 52.219-16, Liquidated Damages—Subcontracting Plan.

Current Text (RFO)

SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (DEVIATION
2026-O0037) (FEB 2026)

(a) Definitions. As used in this clause—

"Covered small business concern" means a small business concern, veteran-owned
small business concern, service-disabled veteran-owned small business concern,
HUBZone small business concern, women-owned small business concern, or small
disadvantaged business concern, as these terms are defined in FAR 2.101.

"Electronic Subcontracting Reporting System (eSRS)" means the Governmentwide,
electronic, web-based system for small business subcontracting program reporting.

"Failure to make a good faith effort to comply with a comprehensive subcontracting
plan" means a willful or intentional failure to perform in accordance with the
requirements of the Contractor's approved comprehensive subcontracting plan or willful
or intentional action to frustrate the plan.

"Subcontract" means any agreement (other than one involving an employer-
employee relationship) entered into by a Federal Government prime Contractor or
subcontractor calling for supplies or services required for performance of the contract or
subcontract.

(b) Test Program. The Contractor's comprehensive small business subcontracting
plan and its successors, which are authorized by and approved under the Test Program
of 15 U.S.C. 637 note, as amended, shall be included in and made a part of this contract.
Upon expulsion from the Test Program or expiration of the Test Program, the
Contractor shall negotiate an individual subcontracting plan for all future contracts
that meet the requirements of 15 U.S.C. 637(d).

(c) Eligibility requirements. To become and remain eligible to participate in the Test
Program, a business concern is required to have furnished supplies or services
(including construction) under at least three DoD contracts during the preceding fiscal
year, having an aggregate value of at least $100 million.

(d) Reports.

(1) The Contractor shall report semiannually for the 6-month periods ending
March 31 and September 30, the information in paragraphs (d)(1)(i) through (v) of this
section within 30 days after the end of the reporting period.

(i) A list of contracts covered under its comprehensive small business
subcontracting plan, to include the Commercial and Government Entity (CAGE) code
and unique entity identifier.

(ii) The amount of first-tier subcontract dollars awarded during the 6-month
period covered by the report to covered small business concerns, with the information
set forth separately by—

(A) North American Industrial Classification System (NAICS) code;

(B) Major defense acquisition program, as defined in 10 U.S.C. 4201;

(C) Contract number, if the contract is for maintenance, overhaul,
repair, servicing, rehabilitation, salvage, modernization, or modification of supplies,
systems, or equipment, and the total value of the contract, including options, exceeds
$100 million; and

(D) Military department.

(iii) Total number of subcontracts active under the Test Program that would
have otherwise required a subcontracting plan.

(iv) Costs incurred in negotiating, complying with, and reporting on its
comprehensive subcontracting plan.

(v) Costs avoided through the use of a comprehensive subcontracting plan.

(2) The Contractor shall—

(i) Ensure that subcontractors with subcontracting plans agree to submit an
Individual Subcontract Report (ISR) and/or Summary Subcontract Report (SSR) using
the Electronic Subcontracting Reporting System (eSRS).

(ii) Provide its contract number, its unique entity identifier, and the email
address of the Contractor's official responsible for acknowledging or rejecting the ISR to
all first-tier subcontractors, who will be required to submit ISRs, so they can enter this
information into the eSRS when submitting their reports.

(iii) Require that each subcontractor with a subcontracting plan provide the
prime contract number, its own unique entity identifier, and the email address of the
subcontractor's official responsible for acknowledging or rejecting the ISRs to its
subcontractors with subcontracting plans who will be required to submit ISRs.

(iv) Acknowledge receipt or reject all ISRs submitted by its subcontractors
using eSRS.

(3) The Contractor shall submit SSRs using eSRS. The reports shall provide
information on subcontract awards to 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. Purchases from a corporation, company, or subdivision that is
an affiliate of the prime Contractor or subcontractor are not included in these reports.
Subcontract award data reported by prime contractors and subcontractors shall be
limited to awards made to their immediate next-tier subcontractors. Credit cannot be
taken for awards made to lower-tier subcontractors unless the Contractor or
subcontractor has been designated to receive a small business or small disadvantaged
business credit from a member firm of the Alaska Native Corporations or an Indian
tribe. Only subcontracts involving performance in the U.S. or its outlying areas should
be included in these reports.

(i) This report may be submitted on a corporate, company, or subdivision
(e.g., plant or division operating as a separate profit center) basis, as negotiated in the
comprehensive subcontracting plan with the Defense Contract Management Agency.

(ii) This report encompasses all subcontracting under prime contracts and
subcontracts with the Department of Defense, regardless of the dollar value of the
subcontracts, and is based on the negotiated comprehensive subcontracting plan.

(iii) The report shall be submitted semi-annually for the six months ending
March 31 and the twelve months ending September 30. Reports are due 30 days after
the close of each reporting period.

(iv) The authority to acknowledge receipt of or reject the SSR resides with
the Defense Contract Management Agency.

(e) Failure to comply. The failure of the Contractor or subcontractor to comply in
good faith with the clause of this contract entitled "Utilization of Small Business
Concerns," or an approved plan required by this clause, shall be a material breach of the
contract.

(f) Liquidated damages. The Contracting Officer designated to manage the
comprehensive subcontracting plan will exercise the functions of the Contracting
Officer, as identified in paragraphs (f)(1) through (4) of this clause, on behalf of all DoD
departments and agencies that awarded contracts covered by the Contractor's
comprehensive subcontracting plan.

(1) To determine the need for liquidated damages, the Contracting Officer will
conduct a compliance review during the fiscal year after the close of the fiscal year for
which the plan is applicable. The Contracting Officer will compare the approved
percentage or dollar goals to the total, actual subcontracting dollars covered by the plan.

(2) If the Contractor has failed to meet its approved subcontracting goal(s), the
Contracting Officer will provide the Contractor written notice specifying the failure,
advising of the potential for assessment of liquidated damages, and permitting the
Contractor to demonstrate what good faith efforts have been made. The Contracting
Officer may take the Contractor's failure to respond to the notice within 15 working
days (or longer period at the Contracting Officer's discretion) as an admission that no
valid explanation exists.

(3) If, after consideration of all relevant information, the Contracting Officer
determines that the Contractor failed to make a good faith effort to comply with the
comprehensive subcontracting plan, the Contracting Officer will issue a final decision to
the Contractor to that effect and require the Contractor to pay liquidated damages to
the Government in the amount identified in the comprehensive subcontracting plan.

(4) The Contractor shall have the right of appeal under the clause in this
contract entitled "Disputes" from any final decision of the Contracting Officer.

(g) Subcontracts. The Contractor shall include in subcontracts that offer
subcontracting opportunities, are expected to exceed the applicable threshold specified
in FAR 19.109(a)(1) on the date of subcontract award, and are required to include the
clause at FAR 52.219-8, Utilization of Small Business Concerns, the clauses at—

(1) FAR 52.219-9, Small Business Subcontracting Plan, and Defense Federal
Acquisition Regulation Supplement (DFARS) 252.219-7996, Small Business
Subcontracting Plan (DoD Contracts)–Basic;

(2) FAR 52.219-9, Small Business Subcontracting Plan, with its Alternate III,
and DFARS 252.219-7996, Small Business Subcontracting Plan (DoD Contracts)–
Alternate I, to allow for submission of SF 294s in lieu of ISRs; or

(3) DFARS 252.219-7997, Small Business Subcontracting Plan (Test Program),
in subcontracts with subcontractors that participate in the Test Program described in
DFARS 219.206-70.

(End of clause)