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SMALL BUSINESS SUBCONTRACTING PROGRAM WORKSHOP. LINDA MCGRAIL 703-605-2570. STATUTORY REQUIREMENTS. FAR 19.702

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statutory requirements
STATUTORY REQUIREMENTS

FAR 19.702

Any contractor receiving a contract for more than the simplified acquisition threshold must agree in the contract that small business concerns, will have the maximum practicable opportunity to participate in contract performance consistent with its efficient performance. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns

statutory requirements3
STATUTORY REQUIREMENTS

In negotiated acquisitions, each solicitation of offers to perform a contract or contract modification, that individually is expected to exceed $550,000 ($1,000,000 for construction) and that has subcontracting possibilities, shall require the apparently successful offeror to submit an acceptable subcontracting plan. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award.

when is a subcontracting plan not required
WHEN IS A SUBCONTRACTING PLAN NOT REQUIRED?

FAR 19.702(b)

  • From Small Business Concerns
  • For Personal Services Contracts
  • For Contracts performed entirely outside the United States
size standards far 19 102
SIZE STANDARDSFAR 19.102
  • GOVERNMENT-WIDE
  • NAICS CODES
  • NUMBER OF EMPLOYEES

OR

  • ANNUAL REVENUE

Office of Size Standards

sizestandards@sba.gov

(202) 205-6618

determining the need for a subcontracting plan
DETERMINING THE NEED FOR A SUBCONTRACTING PLAN

FAR 19.705-2

  • 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 to be submitted
WHEN IS A SUBCONTRACTING PLAN REQUIRED TO BE SUBMITTED?
  • New Contracts

Individual Plan

  • Annual Update

Commercial Plan

types of subcontracting plans
TYPES OF SUBCONTRACTING PLANS
  • Commercial
      • Company-wide
  • Individual
      • Contract specific
  • Master
      • Missing goals
commercial plan
COMMERCIAL PLAN

FAR 19.701 & FAR 19.704(d)

  • COMPANY FISCAL YEAR 12 MONTH PERIOD
  • SUBMITTED & NEGOTIATED ANNUALLY
commercial plan10
COMMERCIAL PLAN
  • Only one plan
  • Copy of approval document
individual plan
INDIVIDUAL PLAN

FAR 19.701 & FAR 19.704(c)

  • SUBCONTRACTING PLAN THAT COVERS THE ENTIRE CONTRACT PERIOD (INCLUDING OPTIONS)
  • SPECIFIC TO ONE CONTRACT
  • GOALS THAT 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
master plan
MASTER PLAN

FAR 19.701 & 19.704(b)

  • 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
subcontracting plan requirements
SUBCONTRACTING PLAN REQUIREMENTS

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
contractor identification data commercial plan
CONTRACTOR IDENTIFICATION DATACOMMERCIAL PLAN
  • Company Name and Address
  • Date Prepared
  • Description of Product/Service:general summary of commercial business to becovered 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 covered by 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 plan16
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
fiscal year 2009 gsa wide subcontracting goals
FISCAL YEAR 2009 GSA WIDE 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 Business 5
total dollars and percentage goals
TOTAL DOLLARS AND PERCENTAGE GOALS

FAR 19.704(a)(1) & (2)

  • Goals must be stated in both
    • Total dollarsAND
    • Separate Percentage Goals
  • Contractor must state the total subcontracting dollar amount and percentage for each small business category
slide19

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: $__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

FAR 19.704(4)

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

method used to identify potential sources
METHOD USED TO IDENTIFY POTENTIAL SOURCES

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

  • Attended conferences & networking sessions
  • Used existing suppliers
  • Researched minority directories
  • Browse CCR and e-Library
indirect costs
INDIRECT COSTS

FAR 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.
name of program administrator and duties
NAME OF PROGRAM ADMINISTRATOR AND DUTIES

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

Description of Duties

  • Assist small business concerns, by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business concerns, subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.
name of program administrator and duties26
NAME OF PROGRAM ADMINISTRATOR AND DUTIES

(2) Provide adequate and timely consideration of the potentialities of small business concerns, in all “make-or-buy” decisions.

(3) Counsel and discuss subcontracting opportunities with representatives of small business firms.

(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting SBA.

name of program administrator and duties27
NAME OF PROGRAM ADMINISTRATOR AND DUTIES

(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.

equitable opportunity
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 sources
    • Internal Efforts to guide and encourage purchasing personnel to subcontract with small business concerns
assurances that the offeror will include
ASSURANCES THAT THE OFFEROR WILL INCLUDE

FAR 19.704(a)(9)

  • 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:

FAR 19.704(a)(10)

  • (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;
slide31

REPORTING REQUIREMENTS

AND ASSURANCES THAT 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;
reporting requirements and assurances that the offeror will32
REPORTING REQUIREMENTS AND ASSURANCES THAT 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
  • (
reporting requirements and assurances that the offeror will33
REPORTING REQUIREMENTS AND ASSURANCES THAT 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.

recordkeeping
RECORDKEEPING

FAR 19.704(a)(11) and Clause 52.219-9(d)(11)

Description of the type of Records

subcontracting plans should be
SUBCONTRACTING PLANS SHOULD BE:
  • Realistic
  • Challenging
  • Achievable
  • With positive percentage and dollar goals “that build upon prior achievements”
subcontracting opportunity resources
SUBCONTRACTING OPPORTUNITY RESOURCES
  • Subcontracting Directories/Forecast - (gsa.gov/smallbusiness)
  • CCR - Central Contractor Registration - (ccr.gov)
  • SBA SUB-Net - (web.sba.gov/subnet)
  • SBA Forecast and local SBA office contacts - (sba.gov/GC/contacts)
  • Federal Business Opportunities or FedBizOpps - (fbo.gov)
  • USA.gov
  • Attend local events i.e. trade shows, procurement conferences, workshops and seminars, etc.
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
wrap up
WRAP UP
  • Q & A
  • Closing Remarks
  • Evaluation Forms