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SUBCONTRACTING AND ESRS WORKSHOP. Name: Linda McGrail, Title: Business Specialist Agency: Federal Acquisition Service (FAS). Date: May 4-6, 2010. Statutes/Authority. SMALL BUSINESS ACT Created SBA in 1953 PUBLIC LAW 95-507 Amended SB Act in 1978

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SUBCONTRACTING AND ESRS WORKSHOP

Name: Linda McGrail, Title: Business Specialist Agency: Federal Acquisition Service (FAS)

Date: May 4-6, 2010

statutes authority
Statutes/Authority
  • SMALL BUSINESS ACT
    • Created SBA in 1953
  • PUBLIC LAW 95-507
    • Amended SB Act in 1978
      • Voluntary efforts changed to mandatory program.
      • Primes to provide maximum practicable opportunities.
    • Requires Annual Agency Goals
      • Established for Awarding Contracts
far subpart 19 7 the small business subcontracting program outlines
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
subcontracting goals
SUBCONTRACTING GOALS
  • Goaling CategoryGoal
  • Small Business 37
  • Veteran-owned Small Business 5
  • Service-Disabled Veteran-owned

small business 3

  • HUBZone Small Business 3
  • Small Disadvantaged Business 6
  • Women-owned Small Business5
subcontract plans should be
Subcontract Plans should be:
  • Realistic
  • Challenging
  • Achievable
  • With positive percentage and dollar goals “that build upon prior achievements”
determining the need for a subcontracting plan
Determining the Need for a Subcontracting Plan
  • Is the offeror other than small business?
  • Will contract action meet the dollar threshold?
    • MAS AND REAL PROPERTY - $550,000 Including Options
    • CONSTRUCTION

- $1,000,000 Including Options

  • Do subcontracting opportunities exist?
when is a subcontracting plan required
When is a Subcontracting Plan Required?
  • New Contracts
    • Individual Plan
  • Annual Update
    • Commercial Plan
types of subcontracting plans
Types of Subcontracting Plans
  • Commercial
    • Company-wide
      • Company Fiscal Year
        • 12 Month Period
      • Submitted & Negotiated Annually
      • Only One Plan covering all commercial contracts
      • Copy of approval document to each CO after initial plan approved
      • Submit a new commercial plan, 30 working days before the end of the Contractor’s fiscal year
types of subcontracting plans9
Types of Subcontracting Plans
  • Individual Plan
    • Covers the entire contract period (including options)
      • Base + option period goals submitted up front prior to award
    • Specific to one contract
    • Goals are based on the Offeror’s planned subcontracting in support of the specific contract
      • indirect costs incurred for common or joint purposed may be allocated on a prorated basis to the contract
types of subcontracting plans10
Types of Subcontracting Plans
  • Master Plan
    • Contains all the required elements of an Individual Plan except goals
    • May be incorporated into Individual contract plan, provided the master plan has been approved
    • Agency Approval Document plus goals for specific contract needed
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ELEVEN REQUIREMENTS (FAR 19.704)
  • Separate percentage goals
  • Total dollars subcontracted
  • Description of supplies/services
  • A description of method
  • Potential sources
  • Indirect costs
  • Name and duties
  • Description of efforts
  • Assurances clauses
  • Reporting requirements
  • Records
commercial plan identification data
Commercial Plan Identification Data
  • Company Name and Address
  • Date Prepared
  • Description of Product/Service: 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
contractor identification data individual plan
CONTRACTOR IDENTIFICATION DATAINDIVIDUAL PLAN
  • Company Name and Address
  • Date Prepared
  • Description of Product/Service coveredby this specific contract
  • Solicitation Number
  • Contract Number
  • Individual Contract Period:
  • Base Period:_________ Option Period 1:__________

Option Period 2:______ Option Period 3:___________

contractor identification data individual plan14
CONTRACTOR IDENTIFICATION DATAINDIVIDUAL PLAN

CONTINUED

  • Estimated Contract Value
  • Base Period:_________ Option Period 1:__________

Option Period 2:______ Option Period 3:___________

  • Place of Performance
  • Duns Number: Duns Number under which contract is/will be awarded
dollars subcontracted and percentage goals
Dollars Subcontracted and Percentage Goals
  • Goals must be stated in both
    • Total dollars AND
    • Separate Percentage Goals
  • Contractor must state the total dollars to be subcontracted and percentage of that total for each small business category
commercial plan gsa target goal percents
Commercial Plan (GSA target goal percents)
  • 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: $__7,560,000__________ = _63_ % of Total
  • 3. Planned subcontracting to all small business concerns SB (including ANCs and Indian tribes), VOSB, SDVOSB, HUBZone, SDB (including ANCs and Indian tribes), and WOSB small business concerns:
    • Annual Commercial Expenditures: $__4,440,000__________ = _37_ % of Total
  • 4. Planned subcontracting to veteran-owned small business concerns (which includes service-disabled veteran-owned small business):
    • Annual Commercial Expenditures: $____600,000__________ = _5_ % of Total
  • 5. Planned subcontracting to service-disabled veteran-owned small business concerns (subset of VOSB above and cannot be higher than #4 above):
    • Annual Commercial Expenditures: $_____360,000______ = __3 % of Total
  • 6. Planned subcontracting to HUBZone small business concerns:
    • Annual Commercial Expenditures: $_____360,000____ _ = _3_ % of Total
  • 7. Planned subcontracting to small disadvantaged business concerns:
    • Annual Commercial Expenditures: $______720,000_____ ___ = _6_ % of Total
  • 8. Planned subcontracting to women-owned small business concerns:
    • Annual Commercial Expenditures: $_____600,000_____ = _5_ % of Total
description of method used to develop goals
Description of Method used to Develop Goals
  • Statement that contractor has reviewed his prior subcontracting efforts, or previous history on similar contracts.
    • Explain how the goals were developed
      • Based on what?
    • Justify low goals, etc.
method used to identify potential sources
Method used to Identify Potential Sources
  • Attended conferences & networking sessions
  • Used existing suppliers
  • Researched minority directories
  • Browsed CCR and e-Library etc.
indirect costs
Indirect Costs
  • Provide a statement as to whether or not the offeror included indirect costs in establishing subcontracting goals,
  • Provide a description of the method used to determine the proportionate share of indirect costs to be incurred with all small business concerns.
name of program administrator and duties
Name of Program Administrator and Duties
  • Name of Administrator
  • Description of Duties
  • FAR Clause 52.219-9(e)
equitable opportunity
Equitable Opportunity
  • Provide a description of the efforts the offeror will make to ensure that small business concerns have an equitable opportunity to compete for subcontracts.
    • Attend outreach events to locate sources
    • Provide internal efforts to guide and encouragepurchasing personnel to subcontract with small business concerns
assurances that the offeror will include
Assurances that the Offeror will Include
  • FAR Clause 52.219-8
    • Utilization of Small Business Concerns
  • FAR Clause 52.219-9
    • Small Business Subcontracting Plan
reporting requirements and assurances that the offeror will
Reporting Requirements and Assurances that the Offeror will:
  • (i) Cooperate in any studies or surveys as may be required;
  • (ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;
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(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;
slide27
(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
  • (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.
recordkeeping
Recordkeeping
  • Description of the type of records to be maintained
    • FAR Clause 52.219-9(d)(11)
subcontracting opportunity resources
SUBCONTRACTING OPPORTUNITY RESOURCES
  • Federal Business Opportunities or FedBizOpps (www.fbo.gov)
  • Forecast of Contracting Opportunities

(www.gsa.gov/smbusforecast)

  • SBA SUB-Net (web.sba.gov/subnet)
  • SBA Directory and local office contacts (sba.gov/GC/contacts)
  • CCR - Central Contractor Registration (ccr.gov)
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Attend large conferences like the GSA EXPO
    • www.expo.gsa.gov
    • www.gsa.gov look under “Events”
  • Attend outreach sessions designed just for small business
  • Come prepared to ask questions and get contact information
  • Network, Network, Network
small business program contacts
SMALL BUSINESS PROGRAM CONTACTS
  • GSA Associate Administrator, Office of Small Business Utilization (AAOSBU)

Janice Keys: 202-501-0838

  • FAS Small Business Technical Advisor (SBTA)

de’Wayne Carter: 703-605-2587

  • Small Business Administration Procurement Center Representative (SBA/PCR)

Howard Parker: 703-605-1801

  • Electronic Subcontracting Reporting System (eSRS)Janice Keys: 202-501-0838 - Agency CoordinatorDoug DuBois: 703-605-2523 – FAS Contact
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703-605-2570

linda.mcgrail@gsa.gov