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West Penn Power Contract with Eaton Corporation as a CSP

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ALLEGHENY ENERGY SERVICE CORPORATION<br />

SUBCONTRACTING PLAN PROVISIONS<br />

F0RU31-;it<br />

' ^ * Allegheny Energy<br />

A description ol the efforts the offeror or bidder will take to <strong>as</strong>sure that small business concerns, small<br />

business concerns mvned and controlted by veterans, small business concerns ormed and controDed by<br />

servbe-disabled veterans, qualified HUBZone small business concerns, small business concerns ouvned<br />

and controlled by socially and economically disadvantaged individuals, and small business concerns owned<br />

and controlled by women will have an equitable opportunity to compete for subcontracts.<br />

Assurances the contractor will include clauses titled "Utilization of Small Business Concerns (48 CFR<br />

§52.219-81 *>s stated belcwv, in all subcontracts that otfer tulher subcontracting opportunities, and all<br />

solicitations and subcontractcrs (except small business concerns) who receive subcontracts in excess ot<br />

$550,000 ($1,000,000 for construction ol any public facility) will be required to adopt a similar Plan.<br />

"Utilization of Small Business Concerns" [48 CFR §52.219-8], The following clause must be included in<br />

contracts greater than $100,000, unless (1) a personal services contract ts contemplated or (2) the contract,<br />

together <strong>with</strong> all its subcontracts, win be pertormed entirely outside ofthe United States and its outlying<br />

are<strong>as</strong>.<br />

A. It is the policy ofthe United States that small business concerns, veteran-owned small business<br />

concerns, service-disabled veteran-owned small business concerns, HUBZone small business<br />

concerns, small disadvantaged business corrarns. and women-owned small business concerns<br />

shall have the maximum practicable opportunity to participate in performing contracts let by any<br />

Federal agency, including contracts and subcontracts tor subsystems, <strong>as</strong>semblies, components,<br />

and related services for major systems. It is further the policy of the United States that its prime<br />

contractors establish procedures to ensure the timely payment of amounts due pursuant to the<br />

terms ot their subcontracts <strong>with</strong> small business concerns, veteran-ovwied small business concerns,<br />

servce-dtsabted veteran-wvnedsmall business concerns, HUBZone small business concerns,<br />

• small disadvantaged business concerns, and women-owned small business concerns.<br />

B. The <strong>Contract</strong>or hereby agrees to cwry oul this policy in the awarding ot subcontracts to the fullest<br />

extent consistent wfth efficient cortrect perlormance. The <strong>Contract</strong>or turther agrees to cooperate in<br />

any studies or surveys <strong>as</strong> may be conducted tv the United Slates Small Business Administration or<br />

the awarding agency of the United States <strong>as</strong> may be necessary to determine the extent of the<br />

<strong>Contract</strong>or's compliance <strong>with</strong> this clause.<br />

C. Definitions. As used in this contract—<br />

"HUBZone small business concern" means a small business concern that appears on the List of<br />

Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.<br />

"Service-disabled veteran-owned smal business concern"—<br />

1. Means a small business concern—<br />

i. Not less than 51 percent of which is cwned by one or more servce-disebled veterans<br />

or, in the c<strong>as</strong>e of any publicly cwned business, not less than 51 percent of the stock<br />

of which is owned by one or more service-disabled veterans; and<br />

ii.<br />

The management and daily business operations of which ere controlled by one or<br />

more service -disabled veterans or, in the c<strong>as</strong>e of a service-cGsabted veteran wtth<br />

permanent and severe disability, the spouse or permanent caregiver ol such veteran.<br />

2. Service-disabled veteran means a veteran, <strong>as</strong> defined in 38 U.S.C. 101(2), <strong>with</strong> a<br />

disabfity that is service-connected, <strong>as</strong> defined in 38 U.S.C. 101(16).<br />

"Small business concern' means a small business <strong>as</strong> defined pursuant to Section 3 of the Small<br />

Business Act and relevant regulations promulgated pursuant thereto.<br />

"Small disadvantaged business concernT means a small business concern that represents, <strong>as</strong> part<br />

of its otter, that—<br />

1. tt h<strong>as</strong> received certification <strong>as</strong> a smaD disadvantaged business concern consistent <strong>with</strong> 13<br />

CFR 124, Subpart B;<br />

2. No material change in disadvantaged ownership and control h<strong>as</strong> occured sirce its<br />

certitcation;<br />

Page 2 ol 3<br />

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