LB100907

Now i am concerned the info the SBA gave me is not accurate because yes, this is indeed an energy savings performance contract. We obtain third-party financing to complete construction and the savings realized over the long term performance period is how the financier is paid back. One thing is for certain, I am realizing I never get the same answer and all agency reps say something different. There is no such thing as cut and dry, black and white answers. Do you know of any legit training out there, and I am dealing with individual plans, not commercial. Performance contracting seems to have its own quirkiness and not clearly spelled out.

I finally got hold of a SBA rep from the Office of Government Contracting. This was the reply. So I guess if my entire contract is 20 years, construction and performance period, I will be reporting for 20 years (but hope to retire by then:)) : It appears to me that the subcontracting plan for EPC contracts is an individual subcontracting plan since the contracts involve construction activities. Individual subcontracting plan means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract (FAR52.219-9(b)). An ISR (Individual Subcontract Report) shall be submitted semi-annually during “contract performance” for the periods ending March 31 and September 30 (FAR52.219-9(l)(1)(i)). I assume you only have one subcontracting plan for the contract you referred above to have a long performance period. Since the contract involves a construction period as well as a long performance period, the “contract performance” period includes the construction period and the performance period; hence, you need to report into the eSRS through the entire performance period. In fact, your subcontracting plan should cover subcontracting activities involving the construction period and the performance period and not just the construction period in accordance with FAR52.219-9(b) referred above.

I am a new Small Business Manager for Federal ESPC (performance contracting) contracts, trying to navigate the whole small business subcontracting rules and regs as well as Individual Service Reporting requirements into the eSRS system. I am unsure how long I must report into the eSRS. Our contracts can be upwards of 20 years if taking the Performance Period into account after construction is complete. Our approved SB subcontracting plan only lists expected dollars to be subcontracted during the construction period. Do I cease reporting once construction is complete in say 2 or 3 years and all subs have been paid or must I continue reporting the entire length of the performance period. Lastly, is there any training out there specifically for SB subcontracting as it relates to Performance Contracting. Thank you for any feedback.