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U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting and Electronic Subcontracting Reporting System (eSRS) for the Prime Contractor and the Contracting Officer
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U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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Page 1: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

U.S. General Services Administration

Presenter: Karen PooleOffice of Small Business UtilizationGeneral Services Administration

Presenter: Karen PooleOffice of Small Business UtilizationGeneral Services Administration

May 2012May 2012

Subcontracting and Electronic Subcontracting Reporting System (eSRS) for the Prime Contractor and the Contracting Officer

Subcontracting and Electronic Subcontracting Reporting System (eSRS) for the Prime Contractor and the Contracting Officer

Page 2: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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“The basic building block of good team

building is for a leader to promote the

feeling that every human being is unique

and adds value.”        ~Unknown

Page 3: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

SUBCONTRACTING ASSISTANCE PROGRAM

Public Law 95-507

Amended Section 8(d) of the Small Business Act and created the foundation for the Subcontracting Assistance Program. It requires that all small businesses have the maximum practicable opportunity to participate in the performance of Federal agency contracts and subcontracts.

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Page 4: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

SUBCONTRACTING ASSISTANCE PROGRAM“Subcontracting is More than a Subcontracting Plan”

Federal Government awards billions of dollars in prime contracts for supplies and services to large or “other-than small” businesses.

Subcontracting Program is comprised of activities to ensure small businesses receive a fair and equitable opportunity to participate in requirements awarded by Federal agencies, including subcontracts resulting from award of prime contracts.

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Page 5: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

SUBCONTRACTING ASSISTANCE PROGRAM

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Small Business concerns are: Small business (SB)Veteran-owned Small Business (VOSB)Service-disabled Veteran-owned Small Business

(SDVOSB)Historically Underutilized Business Zone Small

Businesses (HUBZ) Small Disadvantaged Businesses (SDB)Woman-owned Small Businesses (WOSB)

Page 6: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

SUBCONTRACTING ASSISTANCE PROGRAM

FAR Subpart 19.7 – The Small Business

Subcontracting Program outlines:

Statutory requirements Eligibility requirements for participating in the program Subcontracting Plan Requirements Responsibilities of the contracting officer

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Page 7: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

SIZE STANDARDSFAR 19.102

Government-wide North American Industry Classification System Codes (NAICS)

Number of Employees

OR Annual Revenue/Sales

SBA Office of Size Standards

Phone: 202-205-6618, web site www.sba.gov/size or email [email protected]

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Page 8: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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WHEN A PROCUREMENT NEED IS DETERMINED

Page 9: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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WHEN A PROCUREMENT NEED IS DETERMINED

Internal customer identifies procurement needs and discusses with the Contracting Officer.

Contracting Officer, Administrative Contracting Officer (ACO) or Program Manager conducts market research, with assistance of the Small Business Office as needed, to identify potential small business concerns who can perform the requirements.

If the procurement is not set-aside for small business, the CO must complete GSA Form 2689 “Small Business Analysis Record” and attach a written justification.

Page 10: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DETERMINING THE NEED FOR A SUBCONTRACTING PLAN

FAR 19.705-2

Determine prior to solicitation:

Could the prime contractor be other than small business?

Will the total contract value, including options, exceed $650,000 ($1,500,000 for construction)?

Are there possible subcontracting opportunities?

Page 11: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DETERMINING THE NEED FOR A SUBCONTRACTING PLAN

During solicitation preparation:

Include Subcontracting Plan requirement in the solicitation, if applicable

Include a subcontracting plan template in the solicitation (available from your local Small Business Technical Advisor)

Include Subcontracting Plan as an evaluation factor, if applicable Provide solicitation to Small Business Technical Advisor (SBTA) and

Procurement Center Representative (PCR) for review before issuing itSolicitation developed stipulates that the prime contractor must meet

designated subcontracting guidelines of FAR Part 19

Page 12: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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SUBCONTRACTING PLANS ARE NOT REQUIRED IF:

FAR 19.702(b)

From small business concerns

For personal services contracts

For contracts performed entirely outside the United States

For previous contracts that do not contain clause 52.219-8

Page 13: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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SUBCONTRACTING PLAN REQUIREMENTS

Page 14: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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WHEN IS A SUBCONTRACTING PLAN REQUIRED TO BE SUBMITTED?

FAR 19.702

New contracts $650,000 or more ($1.5 million for construction). Include all options in determining contract value, whether exercised or not.

Annual Update (Commercial Plans)

Modifications that meet subcontracting threshold

Page 15: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TYPES OF SUBCONTRACTING PLANSFAR 19.701

Commercial Plan: (company-wide)

Individual Plan: (contract specific)

Master Plan (when goals/dollars need to be submitted at a later time)

Page 16: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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COMMERCIAL PLAN FAR 19.701, FAR 19.704(d)

& FAR 12

Submitted and negotiated annually

Company fiscal year (12 month period)

Note: Leasing and construction do not offer commercial items

Page 17: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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INDIVIDUAL PLANFAR 19.701 & FAR 19.704(c)

Covers the entire contract period (including options, with goals/dollars stated separately)

Specific to one contract Goals are based on the offeror’s planned subcontracting in support

of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

Page 18: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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MASTER PLANFAR 19.701 & 19.704(b)

Contains all the required elements of an Individual Plan, except goals/dollars

Eventually evolves into an Individual Plan (when goals/dollars are added), provided the Master Plan has been approved Include other Agency Approval Document, if applicable

Page 19: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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The Eleven Subcontracting Statutory Requirements FAR 19.704

Identification DataType of PlanGoalsProgram AdministratorEquitable OpportunityAssurances of Clause Inclusion and Flow DownReporting and CooperationRecordkeepingStatutory RequirementsDescription of Good Faith EffortSignature Required

Page 20: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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CONTRACTOR IDENTIFICATION DATACOMMERCIAL PLAN

Company Name and AddressDate PreparedDescription of Products/Services:

general summary of commercial business to be covered by this plan for any government contract, awarded during the same fiscal year

Commercial Plan Period: (Insert dates of offeror’s Fiscal Year)Estimated annual sales

Page 21: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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CONTRACTOR IDENTIFICATION DATAINDIVIDUAL PLAN

Company Name and AddressDate PreparedDescription of Product/Service covered by this specific contractPlace of Performance/DUNS Number (under contract awarded)Solicitation NumberContract Number (if available)Individual Plan/Contract Period (stated separately for base

and each option period)Base: Date Of Award – ?? Years; Option 1: ________; Option 2: ________; Option 3: ___________; Option 4: ___________ (N/A for MAS)

Estimated Contract Value $______ (separate estimates for base & each option)

Page 22: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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FISCAL YEAR 2010 & 2011 GSA WIDE SUBCONTRACTING GOALS

Goaling Category Goal

Small Business 30Veteran-owned Small Business 3Service-Disabled Veteran-owned small business 3HUBZone Small Business 3Small Disadvantaged Business 5Women-owned Small Business 5

Page 23: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TOTAL DOLLARS AND PERCENTAGE GOALSFAR 19.704(a)(1) & (2)

Separate Goals (percentage) for:Small BusinessVeteran Owned Small Business (VOSB)Service-Disabled Veteran-Owned Small Business (SDVOSB)Women-Owned Small Business (WOSB)Historically Underutilized Business Zone (HUBZ) Small BusinessSmall Disadvantaged Business (SDB) including HBCU/MI, Hispanic Serving Institution,

Tribal Colleges and Universities, 8(a) companies, Alaska Native Corporations (ANC’s)

Page 24: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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GOALSFAR 19.704(a)(2)

Subcontracting Amounts: Total Dollars planned to be subcontracted Total Dollars planned to be subcontracted to each business group

The dollar amounts planned for subcontracting to each of these categories must be expressed in the subcontracting plan as percentages of the total subcontracting dollars to both large and small businesses.

Page 25: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TOTAL DOLLARS AND PERCENTAGE GOALSINDIVIDUAL PLAN

Dollar figures below are only examples to show the actual GSA target percentage goals

BASE GOALS are expressed in dollars and percentages of total planned subcontracted dollars.

PLANNED SUBCONTRACTING TO: DOLLARS $ PERCENT %

1. Total Dollars to be Subcontracted (2 + 3 = 1) large and all small business must equal total amount to be subcontracted

$100,000,000 100%

2. Large Businesses (Other than Small) $ 70,000,000 70%

3. All Small Businesses $ 30,000,000 30%

4. Veteran-Owned Small Businesses (VOSB) $ 3,000,000 3%

5. Service-Disabled Veteran-Owned Small Businesses (SDVOSB)

$ 3,000,000 3%

6. HUBZone Small Businesses (HUBZone) $ 3,000,000 3%

7. Small Disadvantaged Businesses (SDB) $ 5,000,000 5%

8. Women-Owned Small Businesses (WOSB) $ 5,000,000 5%

Page 26: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TOTAL DOLLARS AND PERCENTAGE GOALS COMMERCIAL PLAN

1. Estimated TOTAL dollars planned to be subcontracted; i.e. to all types of business concerns:Annual Commercial Expenditures: $_12,000,000__________= 100% subcontracted 2. Planned subcontracting to large business concerns (those classified as other than small):Annual Commercial Expenditures: $__8,400,000__________ = _70_ % of TOTAL above3. Planned subcontracting to ALL small business concerns (including ANCs & Indian tribes, VOSB,

SDVOSB, HUBZone small, SDB (including ANCs & Indian tribes), and WOSB):Annual Commercial Expenditures: $__3,600,000__________ = _30_ % of TOTAL4. Planned subcontracting to veteran-owned small business concerns (which includes service-disabled veteran- owned small business):Annual Commercial Expenditures: $____360,000_________ = _3_ % of TOTAL5. Planned subcontracting to service-disabled veteran-owned small business concerns (also a subset of total VOSB and cannot be higher than VOSB above):Annual Commercial Expenditures: $_____360,000______ = _3_ % of TOTAL6. Planned subcontracting to HUBZone small business concerns:Annual Commercial Expenditures: $_____360,000____ = _3_ % of TOTAL7. Planned subcontracting to small disadvantaged business concerns (including ANCs & Indian tribes):Annual Commercial Expenditures: $______600,000_____ __= _5_ % of TOTAL8. Planned subcontracting to women-owned small business concerns:Annual Commercial Expenditures: $_____600,000_____ = _5_ % of TOTAL

Page 27: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DESCRIPTION OF SUPPLIES/SERVICES FAR 19.704(a)(3)

Supplies/Services Large Small VOSB SDVOSB HUBZone SDB WOSB

Janitorial X X X

Printing X

Transportation X X

Office Supplies X X

Graphics X

Temporary Services X X

Food Services X X

Page 28: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DESCRIPTION OF SUPPLIES/SERVICES

Supplies/Services Large Small VOSB SDVOSB HUBZone SDB WOSB

Lease Construction:

Excavation X X X

Drywall Installation X

Demolition X X

Lease Services:

Lock and Key X

Janitorial X X

Refuge Removal X X

Page 29: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DESCRIPTION OF METHOD USED TO DEVELOP SUBCONTRACTING GOALS

FAR 19.704(4)

Statement that contractor has reviewed his prior subcontracting efforts, or previous history on similar contracts.

Page 30: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DESCRIPTION OF METHOD USED TO IDENTIFY POTENTIAL SOURCES

FAR 19.704(5) & FAR 52.219(d)(5)

Examples:

Attended conferences and networking sessionsUsed existing suppliers Researched minority directoriesCentral Contractor Register (CCR) at: www.ccr.gov

GSA e-Library web site at: www.gsaelibrary.gov

Page 31: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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INDIRECT COSTSFAR 19.704(a)(6)

Provide a statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and

Provide a description of the method used to determine the proportionate share of indirect costs to be incurred with all small business concerns.

Page 32: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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EXAMPLES OF INDIRECT COSTSFAR 19.704(a)(6)

Landscaping Janitorial Printing Graphics Advertising Signage Business Cards Promotion Items Photography Telephone Education Training Travel Agency Office Supplies Office

Equipment Office Furniture Courier Service Security Service Temporary Service Consulting Audit services Food service Cleaning/Laundry Freight Office repairs Legal services Conference/Trade

shows Equipment rental

Page 33: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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NAME OF PROGRAM ADMINISTRATOR AND DUTIES

FAR 19.704(a)(7) & 52.219-9(e)

Description of Possible Duties

Developing and promoting company policy that demonstrates the company’s support for awarding contracts to SB, VOSB, SDVOSB, HZSB, SDB, and WOSB, concerns.

Ensuring that subcontract procurements are structured to permit the maximum possible participation

Preparing and submitting ISR and SSR ReportsCoordinating the company’s activities during compliance reviews by Federal

agencies

Page 34: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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EQUITABLE OPPORTUNITY FAR 19.704(a)(8)

Provide a description of the efforts the offeror will make to ensure that small business, have an equitable opportunity to compete for subcontracts.

Outreach events to locate sourcesInternal efforts to guide and encourage purchasing personnel to

subcontract with small business concerns

Page 35: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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ASSURANCES THAT THE OFFEROR WILL INCLUDE CLAUSE FLOWDOWN

FAR 19.704(a)(9)

FAR Clause 52.219-8, Utilization of Small Business Concerns

FAR Clause 52.219-9, Small Business Subcontracting Plan

Page 36: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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CONTINUED

THE OFFEROR WILL: FAR 19.704(a)(10)

(iii) Submit the Individual Subcontract Report (ISR), and the Summary Subcontract Report (SSR) using the Electronic Subcontracting Reporting System (eSRS) (http://www.esrs.gov), following the instructions in the eSRS;

(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using the eSRS;

Page 37: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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CONTINUED

THE OFFEROR WILL: FAR 19.704(a)(10)

(v) Provide its prime contract number and its DUNS number and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their reports; and

Page 38: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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CONTINUED

THE OFFEROR WILL: FAR 19.704(a)(10)

(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number and its own DUNS number, and the e-mail address of the Government or Contractor official responsible for acknowledging or rejecting the reports, to its subcontractors with subcontracting plans.

Page 39: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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RECORDKEEPINGFAR 19.704(a)(11) & 52.219-9(d)(11)

Description of the Types of Records

Page 40: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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STATUTORY REQUIREMENTSFAR 19.702

Ensure indication of compliance with all:

Maximum practicable opportunity;

Timely payment;

Failing to comply in good faith;

Failure to make a good faith effort shall result in the imposition of liquidated damages

Page 41: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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GOOD FAITH EFFORTFAR 19.705-5(a)(5) and U.S.C. 637(d)(4)(F)

Maximum practicable utilization of SB, SDB, HUBZone, WOSB, VOSB and SDVOSB concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved, and the above regulations directs that liquidated damages shall be paid by the contractor.

Page 42: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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ALL PLANS MUST BE SIGNED AND DATED BY A COMPANY OFFICIAL

Plans must be signed and dated by a company official who, at a minimum, is a higher level than the Plan Administrator. This ensures company “buy-in” of Plan contents and administration of those contents.

Page 43: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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“Teamwork is the ability to work together toward a common vision. The ability to direct individual accomplishments toward organizational objectives. It is the fuel that allows common people to attain uncommon results.”

        ~Andrew Carnegie

Page 44: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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CHECKLIST FOR REVIEW OF SUBCONTRACTING PLAN

Guides you through the plan to ensure that each of the eleven required elements have been included

Where the CO, Small Business Technical Advisor, and the Small Business Administration review/sign

Note: The checklist does not currently have a form number (formerly GSA Form 3584). Watch for

Acquisition Letters and GSAM Updates

Page 45: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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EVALUATING THE SUBCONTRACTING PLAN

Subcontracting Plans & Goals Should:

Be realistic and achievable

Provide a challenge (and build upon prior achievements)

Include positive goals

Reflect best faith efforts & maximum practicable opportunities

Page 46: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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EVALUATING THE SUBCONTRACTING PLAN

UPON RECEIPT OF A SUBCONTRACTING PLAN, CO MUST REVIEW TO ENSURE ADEQUACY AND THAT IT MEETS THE REQUIREMENTS OF FAR AND GSAM (SEE CLAUSE 52.219-9)

Ensure goals and dollar amounts are calculated correctlyFind that Small Business Concerns are included in all applicable categories (allowed to double & triple count $$)Require an Offeror to justify or explain why their proposed goals are lower than the agency goals or the government-wide goals. If you cannot negotiate higher goals due to a unique situation, the plan should state how this reflects their best faith effort and what their challenges reside.

Page 47: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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CONTINUED

EVALUATING THE SUBCONTRACTING PLAN

Also consider past subcontracting history and goal attainment --overall compliance & efforts should be considered, not merely whether goals were met

Obtain SBTA review, advice & recommendationsObtain SBA’s Procurement Center Representative (PCR) review and

concurrenceEnsure the CO finds the Subcontracting Plan acceptable and

incorporates it into and makes it a material part of the contract.

Page 48: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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SUBCONTRACTING PLAN IS A MATERIAL PART OF THE CONTRACT

Subcontracting Plans must be:

o Approved prior to awardo Made a material part of the contract at the time of award

Failure to submit an acceptable Subcontracting Plan to CO makes the offeror ineligible for award.

File APPROVED plan with Checklist (formerly called GSA Form 3584) under Tab 23(b)

Page 49: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DETERMINED THAT NO SUBCONTRACTING POSSIBILITIES EXIST?

FAR 19.705-2(c)

Must be approved at a level above the contracting officer and placed in the contract file.

Page 50: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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DETERMINED THAT NO SUBCONTRACTING POSSIBILITIES EXIST?

GSAM 519.705-2(d)

Page 51: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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GENERAL SERVICES ADMINISTRATIONDETERMINATION AND FINDINGS

(If a subcontracting plan do not exist, a sample D&F may include)

Example: Authority to Contract without a Subcontracting Plan

I hereby find the following:XxxxxxxxxxxxxxxxxxxxxxxxXxxxxxxxxxxxxxxxxxxxxxxx

Based on the above findings, I hereby determine:XxxxxxxxxxxxxxxxxxxxxxxxXxxxxxxxxxxxxxxxxxxxxxxx

Prepared by :_______________________ Approved by_____________________ Contracting Officer Division Director or

Office Title/Symbol Center Director

Concurrence:____________________________ Concurrence:__________________________

Insert Name of SBTA Insert Name of Associate Administrator

Small Business Technical Advisor Associate Administrator Office of Small Bus.

Utilization (E)

Page 52: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TRUE OR FALSE DO WE REQUEST A NEW INDIVIDUAL PLAN FOR

EACH OPTION PERIOD?

SubkPlan Subk

Plan

Subk Plan Subk Plan

Page 53: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TRUE OR FALSE

AN OFFEROR MUST USE THE MODEL SUBCONTRACTING PLAN?

Page 54: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TRUE OR FALSEIF A MODEL PLAN IS PROVIDED IN THE

SOLICITATION, THE BELOW STATEMENT SHOULD BE INCLUDED

Notice to Offerors: “GSA provides this model plan as a tool. You must adapt this model plan to fit your subcontracting situation. The plan is NOT a fill-in-the-blank form and you must remove instructional language. This model does not establish minimum requirements for an acceptable plan. The model reflects objectives GSA encourages contractors to adopt.” Plans may be created using the Model plan format or be the company’s own creation.

Page 55: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TRUE OR FALSE

GSA FORM 3584 CANNOT BE FOUND AMONG THE AVAILABLE ELECTRONIC FORMS?

Page 56: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TRUE OR FALSE

A NEW CHECKLIST MUST BE PREPARED TO TRANSMIT SUBK PLAN REVISIONS FOR REVIEW?

Page 57: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TRUE OR FALSE

CO’s MAY MAKE MINOR CHANGES TO THE CONTRACTORS SUBK PLAN AND SHOULD

REFER CONTRACTORS TO THE SMALL BUSINESS OFFICE FOR QUESTIONS?

Page 58: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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TRUE OR FALSE

IF THE SBTA OR SBA’s PCR DO NOT AGREE WITH THE PLAN, AND RETURNS THE CHECKLIST

WITHOUT SIGNATURES, NOTHING CAN BE DONE?

Refer to FAR 19.705-4(c) & (d), and GSAM 519.705-5

Page 59: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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LIQUIDATED DAMAGESFAR 19.702(c) and 19.705-7

Maximum practicable utilization of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors in Government contracts is a matter of national interest with both social and economic benefits. When a contractor fails to make a good faith effort to comply with a subcontracting plan, these objectives are not achieved, and 15 U.S.C. 637(d)(4)(F) directs that liquidated damages shall be paid by the contractor.

Page 60: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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PAST PERFORMANCEFAR 42.15

WHY DO WE EVALUATE PAST PERFORMANCE?

To have relevant information for future source selectionpurposes regarding a contractor’s actions under previously awarded contracts.

Past performance evaluation shall include an assessment of contractor performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes the clause 52.219-9, Small Business Subcontracting Plan.

Page 61: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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WHY DO WE EVALUATE PAST PERFORMANCE?

To have relevant information for future source selectionpurposes regarding a contractor’s actions under previously awarded contracts.

Past performance evaluation shall include an assessment of contractor performance against, and efforts to achieve, the goals identified in the small business subcontracting plan when the contract includes the clause 52.219-9, Small Business Subcontracting Plan.

Page 62: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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SMALL BUSINESS JOBS ACT OF 2010

More accountability, integrity, and transparency for small businesses.

Enforces stronger subcontracting plan requirements for large prime contractors to ensure small businesses are utilized in subcontracting.

Discourages late payments to small subcontractors.

Page 63: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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Subcontract Compliance and the Electronic Subcontracting Reporting

System (eSRS)

Page 64: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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Monitoring Subcontracting Compliance

Monitoring Compliance After Award

Compliance in eSRS

Small Business Program Compliance Review (SBPCR)

Seven Elements of a SBPCR

Page 65: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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Monitoring Compliance – After Award

Contracting Officer notify the Small Business Administration (SBA)

Send copy to SBA Area Director where contractor is located

Provide copy of Subcontracting Plan to SBA, Procurement Center Representative (PCR)

Page 66: U.S. General Services Administration Presenter: Karen Poole Office of Small Business Utilization General Services Administration May 2012 Subcontracting.

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Monitoring Compliance – After Award

Provide copy of award notice to SBTA within five days of contract award or contract modification

Forward a copy of each plan or determination that no plan is required to the Administrative Contracting Officer (ACO)

Ensure all reports, including Individual Subcontract Report (ISR) and Summary Subcontract Report (SSR) are submitted on time is complete and accurate

Partner with SBA and SBTA to conduct Subcontracting Compliance Reviews

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Monitoring Subcontracting Compliancewww.esrs.gov

SSR Status Report ISR First Tier Report Subcontracting Contractor Award Dollars Time-Phased Individual Subcontract Report 5 Year Contractor Trend Report Analysis of Subcontracting Plan Goal Attainment Subcontracting Achievements by Federal Agency ISR All Tiers Report ISR Status Report

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Monitoring Subcontracting Compliance

High dollar Recovery Projects

Government-wide multiple award contracts

Projects not meeting subcontracting goals (ISRs)

Validate data in FPDS and eSRS, including delegated administrative roles

Periodically provide progress updates and notify procurement teams of reports to review

Clarify lower-tier reporting processes

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Small Business ProgramCompliance Review (SBPCR)

Public Law 95-507, 13 CFR 125, and SBA/Standard Operating Procedures (SOP)

An on-site Small Business Program Compliance Review (SBPCR) is an objective and comprehensive formal evaluation of a Large Prime Contractor’s (LPC) compliance with it’s subcontracting plans.

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SBPCR - continued

Preparation for a SBPCR is extremely important:• General background of the LPC’s history, size, major product line• Most recent ISR for agency contracts• Current year and historical summary subcontracting data for five

years• List of sources referred to LPC

A notification letter and preparation checklist should be issued to the LPC 30 days prior to on-site visit.Request the information be submitted two weeks in

advance

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The Seven Elements of a SBPCR

Sourcing

Validation of the subcontracting report for ISRs and SSRs

Five year trend analysis

Overall evaluation of Small Business Program

Subcontracting plan goal analysis

Sampling of subcontracts issued to large business

Follow-up agency/SBA’s prior recommendations

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SBPCR - continued

Conducted properly, a SBPCR review can have a significant impact on the way a LPC administers its small business program. Follow up is key!!!

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Electronic Subcontracting

Reporting System (eSRS)

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eSRS

What is eSRS?

Who is required to use eSRS?

How does eSRS work?

How can you register in eSRS?

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Registering in eSRS:

Click on “Government” if you are a Federal employeeHave password ready (aaBB1234!@)

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Registration

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Registering in eSRS - continued

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Registering in eSRS

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Registering in eSRS - continued

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Registering in eSRS - continued

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Registering in eSRS - continued

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Registering in eSRS - continued

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Registration Complete

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Accept/Reject ISRs and SSRs

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Reporting Requirements

Individual Subcontract Report (ISR) (formerly SF 294)Semi-annually for: Oct 1 – March 31

April 1 – Sept 30 (Plus one SSR for year-end due Oct 30)

Summary Subcontract Report (SSR) (formerly SF 295)Annually Oct 1 – Sept 30 Year-End SDB Supplemental ReportoDue annually and at contract completion for ISRsoPer 48 CFR 52.219-9(j)(2)oReport (3-digit NAICS subsector)oOptional Form 312 (FAR Clause 52.219-25)

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Selecting A Report

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Defining Your Search

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Accept/Reject ISR

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Accept/Reject SSR

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Acceptance/Rejection Note

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SSR SDB Dollars

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Accept/Reject Year-End SDB

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SDB Participation Report Optional Form 312

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REPORTS

Pre-defined Reports

5 Year Contractor Trend ReportAnalysis of Subcontracting Plan Goal AttainmentSubcontracting Achievements by Federal Agency

Ad Hoc Reports

Design report with more specific details

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eSRS Resources

Central and Regional OSBU POCsQuick Reference GuidesSample Reports

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GSA, Office of Small Business Utilization

Questions?

Thank you.