Small Business Subcontracting Plans &...

transcript

NCURA Region II Spring Meeting

Princeton, New Jersey April 25-27, 2010

Small Business SubcontractingPlans & Reporting

A Pre-award Plan with

Post-Award Ramifications

Session Expectations

• History of this requirement• Policy and Regulations behind Small Business

Subcontracting Plans (SBSP) and subsequent reporting

• Determine the need for a SBSP• Examine the elements of a SBSP• Methodology used to complete a SBSP

Session Expectations, cont’d

• Tools to assist in the development of required SBSP goals

• Review and acceptance by the Federal Government (or not!)

• SBSP reporting

History Lesson

• The Small Business Act, Public Law 83-163 (1958) – “The Act”– Established the authority for loans, procurement

set-asides, management counseling, certificates of competency and advocacy to assist small businesses

History Lesson

• Public Law 95-507 (1978)

• Amended “The Act” to require that Small Business Concerns have the maximum practicable opportunity to participate in the performance of contracts awarded by any federal agency.

History Lesson

• Public Law 95-507, cont’d – Established subcontracting plan requirements for

certain prime contracts and provided the statutory basis for the Business Development Program

– Further required the establishment of an Office of Small and Disadvantaged Business Utilization in each Federal agency.

History Lesson

• Public Law 100-656 (1988) – amendment to “The Act”– Established a process for setting goals for

procurement prime contract and subcontract awards to small and small disadvantaged business concerns

History Lesson

• Public Law 100-656 also– Required that liquidated damages be assessed

against prime contractors who fail to make a good faith effort to achieve their subcontracting plan goals

History Lesson

• Public Law 100-533 (1988) –amended “The Act” to include participation by woman owned small businesses (WOSB)

• Public Law 103-355 (1994) – amended “The Act” to set a Government-wide goal of 5% of total prime contract awards to WOSB

History Lesson

• Historically Underutilized Business Zone (HUBZone) Act of 1997 - Public Law 105-135 – Created HUBZone program

– To provide Federal contracting assistance for qualified small business concerns located in HUBZones in an effort to increase employment, investment and economic development in those areas

History Lesson

• Public Law 106-50, 1999, The Veterans entrepreneurship and Small Business Development Act– Established a goal for subcontracts awarded by

prime contractors to Veterans, Service Disabled Veterans Owned and veteran controlled small business concerns

CFR Part 48, FAR Subpart 19.7 and Part 319 of the HHSAR

• Implements the small business program

• Establish policy regarding small businesses and small disadvantaged businesses including subcontracting requirements for contracts valuded at $550,000 or more

Honorable Mention –A-110 (2 CFR Part 215)

• § 215.44 Procurement procedures– (b) Positive efforts shall be made by recipients to

utilize small businesses, minority-owned firms, and women’s business enterprises, whenever possible. Recipients of Federal awards shall take all of the following steps to further this goal.

– (1) Ensure that small businesses, minority-owned firms, and women’s business enterprises are used to the fullest extent practicable.

FAR 52.219-8 and 52.219-9

• FAR 52.219-8– “Utilization of Small Business Concerns”

• FAR 52.219-9– “Small Business Subcontracting Plan

FAR Clause 52.219-9Small Business Subcontracting Plan

• Does not apply to small business concerns

• Applies to federal contracts, typically does not apply to federal assistance awards

• Includes helpful definitions – “Subcontract: Any agreement (other than one involving an

employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of a contract or subcontract”

FAR Clause 52.219-9, Cont’d

• “The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business and women-owned business concerns.

FAR Clause 52.219-9, cont’d

• “The plan shall be included in and made a part of the resultant contract.”

• “Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.”

FAR 52.219-9, cont’d

• “…the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 to adopt a subcontracting plan that complies with the requirements of this clause.”

“The offeror will submit periodic reports so that the Government can determine the extend of compliance by the offeror with the subcontracting plan.”

“The offeror will ensure that its subcontractors agree to submit periodic reports.”

“The failure of the Contractor or subcontractor to comply in good faith with

1) the clause of this contract entitled “Utilization of Small Business Concerns;” of

2) An approved plan required by this clause, shall be a material breach of the contract.”

Determining the Need for a Plan

• FAR 19.705-2– Dollar Threshold:

• Contract or contract modification is expected to exceed $550,000 ($1,000,000 for construction)

– Subcontracting possibilities:• Contract solicitation appears to offer subcontracting

possibilities

Determining the Need for a Plan

• SBSP are not required– From small business concerns

– For personal services contracts

– For contracts or modifications that will be performed entirely outside of the US

– For contract solicitations that do not contain 52.219-8, Utilization of Small Business Concerns

Elements of the SBSP

• Must contain goals expressed in both dollars and percentages.

• A description of the principal types of supplies/services to be subcontracted

• A description of the method used to develop the subcontracting goals

• A statement as to whether indirect costs are included in establishing the subcontracting goals

• The name of the individual who will administer the subcontracting program and a description of the duties of that person

• A description of the efforts that will be made to ensure that small business concerns have an equitable opportunity to compete for subcontracts

• Assurances that FAR Clause 52.219-9, will be included in all subcontracts that offer subcontracting (procurement) opportunities.

• Assurances that the Contractor will 1) cooperate in any studies or surveys; 2) submit periodic reports so that the Government can determine the extend of compliance;

• A description of the types of records that will be maintained concerning procedures adopted to comply with the requirements and goals of the SBSP

• Verification that your Institution has established and will utilize established procedures to ensure timely payment to small businesses

• Description of how you will make a “good faith effort” to comply with the approved SBSP

• Signature page• Creator of the SBSP

• Federal Contracting Officer

• Small Business Specialist

• Small Business Administration Procurement Center Representative

The Office of Acquisition Management and Policy at NIH posts a Fact Sheet on Subcontracting at:http://ocm.od.nih.gov/ProgramNotes/Subcontracting/SubcontractingFactSheet/subcontracting_fact_sheet.htmwhich explains the goals, flow-down and reporting requirements.

Completing the Plan – Who?

• Who qualifies as a Small Business for purposes of the SBSP?– Disadvantaged Small Business Concern = A socially

and economically disadvantaged small business concern that is at least 51% owned and controlled by one or more socially and economically disadvantaged individuals

• Who qualifies as a Small Business for purposes of the SBSP?– Woman Owned Small Business Concern (WOSB) = a small

business concern that is at least 51% owned and controlled by a woman or women.

– Historically Underutilized Business Zone Small Business Concern (HUBZone) = a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administraiont

• www.sba.gov/hubzone

• Who qualifies as a Small Business for purposes of the SBSP?– Service-Disabled Veteran Owned Business = a small

business concern that; a) not less than 51% of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51% of the stock of which is owned by one or more service-disabled veterans and b) the management and daily business operation of which are controlled by one or more service-disabled veterans OR in the case of a veteran with a permenant and severe disability, the spouse or permanent caregive of such a service-disabled veteran

• Who qualifies as a Small Business for purposes of the SBSP?– Veteran Owned Business = a small business

concern when; a) not less than 51% is owned by one or more veterans or, in the case of any publicly owned business, not less than 51% of the stock of which is owned by one or more veterans and b) the management and daily business operation of which are controlled by one or more veterans

• “Other than small business” = any entity that is not classified as a small business (large businesses, state and local governments, non-profit organizations, public utilities, educational institutions and foreign-owned firms that receive federal contracts, if any portion of that contract is to be performed in the United States.

Completing the SBSP – What?

• What purchases should be included in the SBSP?– All dollars that are spent outside the organization

(materials/supplies, travel, equipment, postage, advertisement, printing, subawards to other entities)

Completing the Plan – What?

• What purchases should be excluded from the SBSP?– All dollars that are spent inside the organization

(direct labor/fringe, interdepartmental costs [photocopying, computer centers, animal care, postage], purchases from the federal government)

Completing the Plan – Where?

• Where do I find small business to purchase from??– Purchasing/Procurement - If your Institution is a

major recipient of research funding from the Federal Government, the Institution is obligated to develop and maintain a program to promote the use of small and disadvantaged businesses when procuring goods and services.

Completing the Plan – Where?• Some additional resources

– Central Contractor Registration CCR – www.ccr.gov• Dynamic Small Business Search

Completing the Plan – Where?• Dynamic Small Business Search

Completing the Plan – Where?

• Some additional resources– Local community websites (city, county,

organizational, etc)

– Examples• http://www.aaccwp.com/membership_directory.php

• http://www.alleghenycounty.us/mwdbe/

• http://www.veteranscorp.org/business/bizSearch.aspx

Completing the SBSP – When?

• When is the SBSP done?– The Request for Proposals (RFP) should direct

offerors when to submit the SBSP– Some RFPs include a factor in the evaluation

criteria which weighs the SBSP goals in the consideration for award. If so, SBSP must be submitted with the initial proposal submission

– Sometimes, SBSP is not required until the offeror is notified that they are in a competitive range

Completing the SBSP – How?

• How do we create the SBSP?– Detailed budgets for planned purchases must be

created (catalogue numbers, vendor, cost, units)

– Using the detailed budgets for items to be purchased, approach Small Businesses to determine if they can provide the items

Completing the Plan - Goals

• Separate dollar and percentage goals for Small Businesses, Small Disadvantaged Businesses, Women-owned Small Businesses, HUBZone Businesses, Veteran Owned Small Businesses, Service-Disabled Veteran Owned Small Businesses, and “other than small businesses” must be presented in the plan.

Completing the Plan - Goals

• Percentages are determined by dividing the planned purchases in each category into the total “planned subcontracted” dollar amount

• “Planned subcontracted” dollar amount is the dollar amount of the purchases that qualify

• My require separate goals by option/year

Goals – Established by Statutes

• 23% - Small Businesses• 5% - Women-owned businesses• 3% - HUBZone small businesses• 3% - Veteran and Service-disabled veteran owned

small businesses

(Important Note – a small business may intersect multiple categories)

Completing the SBSP – Helpful Tools

• Budget Worksheet

• Subcontracting Plan Worksheet

SBSP Review & Acceptance

• Contracting Officers and Small Business Administration review for:– Accuracy– Completeness – are all six elements represented?– Past performance– Determination of whether the SBSP should be waived (no

subcontracting opportunities), requires concurrence by one level above Contracting Officer

SBSP Review & Acceptance

• Federal Agency and SBA Can:– Conduct needs assessments and compliance

reviews

• Federal Agency and SBA Cannot:– Prescribe the amount of subcontracting

– Require the prime contractor to use a particular small business

SBSP Post Award Responsbilities

• Meeting your agreed upon goals– Use small businesses whenever possible- regardless of the

– Meet with purchasing on a continual basis to identify additional small business concerns

• Outreach– Continue to search out small businesses to purchase from

• Reporting

SBSP Reporting Requirements

• October 2005 - The President’s Management Agenda, the Small Business Administration and the Integrated Acquisition Environment, along with a number of Federal Agency partners, collaborated to develop an electronic tool to collect subcontracting accomplishments

• Electronic Tool = eSRS (Electronic Subcontracting Reporting System)

• http://www.esrs.gov

• Electronic Tool = eSRS (Electronic Subcontracting Reporting System) – “Web-bsed Government-wide subcontracting system that allows electronic submission, management (acceptance, revision, rejection) reports, and analyses of subcontracting data”

• http://www.esrs.gov

• Two required reports– ISR (Individual Subcontracting Report), formerly

paper SF 294

– SSR (Summary Subcontracting Report), formerly paper SF 295

• Purpose – to document the dollars awarded in each goaled category.

• ISR – completed twice a year – by contract/subcontract– Due April 30 for purchases made October 1 –

March 31

– Due October 30 for purchases made April 1 –September 30

• SSR – completed once a year – Annual summary of subcontracts awarded by prime and subcontractors for a specific federal government Agency for the previous fiscal year.– Non-DOD agencies - Due October 30 for purchases made

October 1 – September 30

– DOD and NASA – semiannually • Due April 30 – for purchases made October 1- March 31

• Due October 30 – for purchases made April 1- September 30

• Prime contractors only report the subcontracts they awarded, not for dollars awarded by subcontractors at lower tiers

• Lower Tier Subcontractors report via eSRS independent from the prime

• Information needed by Prime Contractor to file an ISR– DUNS number as it appears on the contract– Product and Service Codes– NAICS code– Email address of Federal Government agency responsible for reviewing

(accepting or rejecting) your report– Current contract value– Approved SBSP– Time period the report covers – Indicated as “final” if final

• Information needed by lower tier subcontractor to file an ISR– Prime contract number– Subcontract number (number assigned by prime)– DUNS number of the Prime contractor– Email address of prime contracting official and the prime contractor’s

employee (your contact)– Product and Service Codes– NAICS– Approved Small Business Subcontracting Plan– Time period the report covers– Indicated as “final” if the report is final

• Information needed to file SSR– Essentially same data as needed for ISR

– Cummulative purchasing amounts from ISR submissions

– Time period the report covers

– Indicated as “final” if indeed final

If you are delinquent in submitting reports:

1) the Government can withhold payment

2) the delinquency will be noted in your performance report

3) Can affect future contract awards

Liquidated Damages

• When a contractor fails to make a “good faith effort” to comply with a SBSP, FAR Cause 52.219-16 mandates that liquidated damages be paid to the federal government

• The amount of damages shall be equal to the actutal dollar amount by which the contractor failed to achieve the goal.

What if I am not meeting the SBSP goals?

• The Contracting Officer may notify you (via the rejection of your reports) if you are not meeting your goals– Explain the reasons why you are not meeting you

plan and provide a well thought out plan for how you will move forward toward meeting them.

Revising your Subcontracting Goals

• Reasons to revise your goals:– An increase in contract dollars of more then

$550,000

– Workscope has changed which prevents you from meeting your goals.

– Loss of primary vendor and inability to identify a small business concern to serve as a replacement

• Increase in contract dollars exceeding $550,000– You will be asked to revise your SBSP to include the

increase in subcontract dollars

– Goals and Methodology will need to be revised as well

• Workscope change prevents you from meeting your goals– You must request and be approved to submit

revised goals– A revised SBSP must be submitted with revised

goals and an explanation for the need to revise the goals

• Loss of primary vendor and inability to identify a small business concern as a replacement– You must request and be approved to submit

revised goals– A revised plan must be submitted with revised

goals and an explanation for the need to reduce the goals.

Small Business Administration’s Role

• Assist Federal agencies in evaluating proposed SBSP

• Assist small businesses in obtaining subcontracts under federal contracts

• Counsel small businesses on how to market their products and services as subcontractors

SBSP and Reporting

Questions ??

Welcome to the Dynamic Small Business Search All search form hotlinks open a new browser window.

Government Certifications:

Ownership and Self-Certifications:

NEW MARKETING FEATURE FOR CONTRACTING OFFICERS: Use the "Quick Market Search" button above to go to the Quick Market Search

This is generally a self-certifying database. The SBA does not make any representation as to the accuracy of any of the data included, other than certifications relating to 8(a) Business Development, HUBZone or Small Disadvantaged Business status. The SBA strongly recommends that contracting officers diligently review a bidder's small business self-certification before awarding a contract.

Location of Firm: State(s): (How to make multiple selections.)

(any state)AL - AlabamaAK - AlaskaAA - American Atlantic (APO/FPO)AE - American Europe (APO/FPO)AP - American Pacific (APO/FPO)AS - American SamoaAZ - ArizonaAR - ArkansasCA - California

Congressional District: (Requires exactly one state from the list at left.) 2-digit numeric (leading 0 if 1 digit), or AL for At Large

County: LookupSelect 1 State, then press Lookup

Area Code or Phone Number Initial Fragment, (1 to 12 characters, 999-999-9999 format)

Metropolitan Statistical Area (4-digit numeric, leading 0's if fewer digits)

SBA Servicing Office: (4-digit numeric, leading 0's if fewer digits)

Zip Code or Zip Code Initial Fragment (1 to 5 numeric digits)

8(a) Certified or 8(a) Joint Venture: Required (Active Certifications only) Required (Active Certifications and Previously Certified) Required (Previously Certified only) Not Required

Small Disadvantaged Business: Required (Active Certifications only) Required (Active Certifications and Previously Certified) Required (Previously Certified only) Not Required

Disadvantaged Business Enterprise, Certification States:

Not RequiredAL - AlabamaAK - AlaskaAA - American Atlantic (APO/FPO)AE - American Europe (APO/FPO)

HUBZone Certification: Required (Active Certifications only) Required (Active Certifications and Previously Certified) Required (Previously Certified only) Not Required

The SBA's 8(a), HUBZone and SDB certifications are also made available to external software via: SBSS Public Web Services For more information, see also SBA Certifications in the search help page.

Any Minority Owned:

Any Native American Owned:

Tribally Owned Alaskan Native Corp (ANC) Owned Native Hawaiian Org (NHO) Owned Other Native American

Other Minority Owned

Community Development Corporation (CDC) Owned

Self-Certified Small Disadvantaged Business

Service Disabled Veteran Owned

of 3Printer Friendly Version - Close This Window/Tab After Printing

4/9/2010http://dsbs.sba.gov/library/html/printer_friendly.html

(To start over in this section, if you like, you can use this hotlink: Clear These Checkboxes)

Nature of Business (comma separated, up to 5 entries or 40 characters) for:

General Nature of Business:

Profile Last Updated (date):

Minimum Acceptable Bonding Levels:

Quality Assurance Standards:

Capabilities:

Searching for a specific profile (use ONE of the following):

Veteran Owned

Woman Owned (definition)

NAICS Code(s): Any All (slower) Help

"Buy Green" NAICS Code(s): Any All (slower) Help

Or keywords (comma separated, up to 25 entries or 125 characters) for:

Keywords: Any All (slower) Help

Manufacturing Construction

Research & Development Services

Has TECH-Net Award(s). (Does not require checking Research & Development, above.)

On or before On or after

(MM/DD/YY or MM/DD/YYYY format)

Construction Bonding Level, in dollars (per contract):

Construction Bonding Level, in dollars (aggregate):

Service Bonding Level, in dollars (per contract):

Service Bonding Level, in dollars (aggregate):

ANSI/ASQC Z1.4 ISO-9000 Series ISO 10012-1

MIL-Q-9858 MIL-STD-45662A

At least No more than

Employee(s) and/or Annual Gross Revenue in dollars

Accepts Government Credit Card?: Required Not Required

GSA Advantage Contract?: Required Not Required

Exporter?: Yes Wants to Be Either Not Required

(To search on Dynamic Small Business Search export profiles, you can use the DSBS-affiliated Trade Mission Online Search.)

CAGE Code: (up to 5 characters)

DUNS Number(s): (comma separated, up to 25 DUNS numbers or 125 characters)

This listing is from the SBA's PRODUCTION environment. URL: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm

Search Results Display Options: Maximum number of profiles to be returned at a time: Show the following fields in the profile list:

Show those fields in:

NOTE: Search results will be randomized by the time of day you press the "Search Using These Criteria" button.

8(a) Case Number: (6-digit number)

Company Name or Trade Name: (slow) (up to 120 characters)

Do "sounds like" matching Do "first letters" matching Do "contains" matching

Name and Trade Name of Firm; Contact; Address and City, State Zip; Capabilities Narrative

Edit the columns to be displayed

Table format font size (*): Tiny Normal Large

Mail-merge format Delimited by: comma comma and blank tab

(*) On some browsers, the font size options will also affect mail-merge format.

Search Using These Criteria Reset Clear

Small Business Subcontracting Plans &...

Documents