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GSAM

GSAM

Change Number: Change 183 GSAR Case 2022-G517
Effective Date: 07/08/2024

519.705-4 Reviewing the subcontracting plan.

519.705-4 Reviewing the subcontracting plan.

(a)  Standards.

(1)The contracting officer shall review the subcontracting plan using the tools found on the OSDBU subcontracting page at https://insite.gsa.gov/subcontracting.

(2)Commercial plans approved by another Government contracting officer (see FAR 19.704(d)) do not require further review by the contracting officer, GSA SBTA or the SBA PCR. The approved commercial plan must be incorporated into the contract.

(b)  Subcontracting sources. When reviewing subcontracting plans, contracting officers should ensure the contractor made a good faith effort in finding small businesses to meet their subcontracting goals, such as:

(1)  Dynamic Small Business Search (DSBS) (http://dsbs.sba.gov), managed by the Small Business Administration (SBA).

(2)  Local SBA Offices (https://www.sba.gov/federal-contracting/counseling-help/commercial-market-representatives). These offices provide offerors assistance in accessing the System for Award Management (SAM) database to conduct market research and confirm the eligibility for SBA’s procurement preference programs.

(3)  APEX Accelerators (formerly known as Procurement Technical Assistance Centers (PTACs)) (https://www.apexaccelerators.us/#/), administered by the Department of Defense (DoD)

(4)Minority Business Development Agency (MBDA) (https://www.mbda.gov/mbda-programs/business-centers), part of the Department of Commerce.

(5)State, county, and city government minority business offices.

(6)Local chambers of commerce.

(7)Small, minority, women-owned, and veteran business associations.

(8)Trade associations, and professional organizations.

(c)   Subcontracting past performance. The contracting officer must consider the contractor’s performance under other active or completed contracts as an indicator of an offeror’s understanding of the statutory requirements expressed in FAR 52.219-8. This information may be utilized in negotiating goals that maximize opportunities for small businesses, small disadvantaged businesses, women-owned small businesses, veteran-owned small businesses, service-disabled veteran-owned small businesses, and HUBZone small businesses.

(1)  If an offeror prepared a subcontracting plan for another contract, the contracting officer should contact the contracting officer responsible for administering the earlier plan to determine if the offeror met the plan’s objectives and submitted required reports in a timely manner.

(2)  The contracting officer shall consider overall compliance (e.g., timely submittal of reports, making a good faith effort to meet subcontracting goals). Actions taken in accordance with the plan mean more than whether or not the offeror met the goals established in the plan. Contractors are required to make a good faith effort. Good faith effort is further addressed in FAR 19.705-7.

(3)  Submission of timely and accurate reports is an indication a contractor takes its small business subcontracting responsibilities seriously. The contracting officer should check reports filed in eSRS if a contractor holds GSA contracts. The Remarks section of past reports should be examined for any new or enhanced actions for low or zero dollars for small businesses. The contracting officer should engage with the contractor if no growth is achieved.

(d)  Review Documentation. The contracting officer shall document review of a subcontracting plan by using the Subcontracting Plan Review Checklist (GSA Form 4006). The subcontracting plan and the checklist shall be submitted to the GSA SBTA after the contracting officer has documented their review. The GSA SBTA will coordinate with the SBA PCR.

(e)  Engagement with OSDBU. The contracting officer should engage the GSA SBTA early in the procurement process, especially for procurements that are complex, critical to agency strategic objectives and mission, highly visible or politically sensitive.

(1)When reviewing the subcontracting plan, contracting officers shall use the document entitled “GSA Subcontracting Plan Review Checklist (GSA Form 4006).” The document is available on the OSDBU subcontracting page at https://insite.gsa.gov/subcontracting.

(2)The contracting officer shall submit subcontracting plan(s) to the GSA SBTA who will coordinate the required review with the SBA PCR.

(3)Once apparent awardee is known, the GSA SBTA and SBA PCR generally has 5 business days to review subcontracting plans. AA OSDBU has 10 business days to review subcontracting plans for acquisitions that meet any of the conditions listed below. Leases of real property and multiple award schedules do not require AA OSDBU review.

(i)Contract performance will occur for two or more contracting activities/regions and the estimated value of the acquisition exceeds $50 million, including options.

(ii)The contract will be used by more than one Federal agency and the estimated total value of the acquisition exceeds $50 million, including options.

(iii)Based on political sensitivity or importance to GSA, the AA OSDBU designates the procurement for review.

(4)The contracting officer shall consider any recommendations the GSA SBTA, SBA PCR, or AA OSDBU provides about the subcontracting plan. The contracting officer must also document the contract file with the final decision, especially including justification for any recommendation not adopted.

(5)If the contracting officer does not receive comments from OSDBU within the timelines in (e)(3), the contracting officer shall document the contract file and continue with the award process (see FAR 19.705-5(a)(3)).

Revising subcontracting plans. Unlike the small business participation evaluation factor described in 515.304, apparent successful offerors may submit revised subcontracting plans, when requested by the contracting officer, before award without such exchanges constituting discussions (see FAR 15.306). Acceptability of subcontracting plans relate to the apparent successful offeror’s responsibility and exchanges related to such subcontracting plans are not considered discussions.(f)