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It is the policy of New York University (NYU, “the University”) that NYU complies with the United States (Public Law 95-507) which states that small business concerns (e.g., women, minority) shall have the maximum practicable opportunity to participate in the performance of contracts awarded by any Federal agency. This policy requires that for each contract funded by a Federal agency that exceeds $650,000 a Subcontracting Plan shall be negotiated and administered in accordance with Federal contract requirements.
The purpose of this policy is to provide guidance on the coordination, preparation and administration of a Subcontracting Plan for Small Business Concerns for Federal contracts or pass-through funds.
This policy is applicable to all schools, departments, units and personnel of the University involved in administering sponsored awards.
The University will submit to and negotiate with the Federal agency a subcontracting plan which addresses separately purchasing and subcontracting with small and disadvantaged business concerns, and shall be included in the contract. Plans are generally submitted at the application stage and refer directly to budget projections. As a result, the Office of Sponsored Programs (OSP) assists the Purchasing Department with the development of such plan. A waiver may be granted by the sponsoring agency whenever there are likely to be no opportunities to subcontract to small business vendors. Such a waiver will be negotiated by OSP with the sponsor.
Coordination – The Purchasing Department is designated as the Liaison Office for the Subcontracting/Subawards Program with the following responsibilities.
Preparation & Administration - Program Manager/PI, Department/Laboratory Administrator, Contract Officer, Purchasing Department
To be approved by the contracting sponsor, a subcontracting plan must:
Administration of Small Business Plan:
|Effective Date:||September 01, 2013|
|Issuing Authority:||Sponsored Programs Administration|
|Responsible Officer:||Assistant Vice-President for Post-Award Administration|
Federal Contract (Procurement)
The appropriate agreement to be used in a relationship between the Federal government and a recipient whenever: (1) the principal purpose of the relationship is to acquire by purchase, lease, or barter property or services for the direct benefit or use of the Federal government; or (2) a Federal executive agency determines in a specific instance that the use of a type of procurement contract is appropriate. Federal contracts are governed by the Federal Acquisition Regulation (FAR).
Small Business Subcontract Plan
Mandated under FAR 52.219-9 and applicable to Federal contracts that exceed the simplified acquisition threshold (currently $650,000); a plan is required which details the amount of goods or services, which will be acquired from Small Businesses.