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FAR 52.219-9 SB Subcontract Plan

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I'm confused all of a sudden regarding the following part of 52.219-9 Small Business Subonctract Plan:

"© If a prime Contractor and/or subcontractor is performing work for more than one executive agency, a separate report shall be submitted to each executive agency covering only that agency?s contracts, provided at least one of that agency?s contracts is over $550,000 (over $1,000,000 for construction of a public facility) and contains a subcontracting plan. For DoD, a consolidated report shall be submitted for all contracts awarded by military departments/agencies and/or subcontracts awarded by DoD prime Contractors. However, for construction and related maintenance and repair, a separate report shall be submitted for each DoD component."

When does a Subcontractor have to submit a subcontract plan to its prime contractor?

1. When the subcontract exceeds $550k?

2. When the Prime Contract exceeds $550k and contains a subcontracting plan (which ours does)?

Thanks for any help on this.

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This section does not cover when a prime must require to adopt a subcontract plan. That is covered in 19.704(a)(9)

(a) Each subcontracting plan required under 19.702(a)(1) and (2) must include?

(9) Assurances that the offeror will include the clause at 52.219-8, Utilization of Small Business Concerns (see 19.708(a)), in all subcontracts that offer further subcon- tracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $550,000 ($1,000,000 for construction) to adopt a plan that complies with the requirements of the clause at 52.219-9, Small Business Subcontracting Plan (see 19.708(B));

The FAR section you quote covers the responsibility of contractors and subcontractors responsibility to report on achievements against their plan in eSRS. If your prime has required you to do a subK plan, you must report on it in eSRS. The prime must give you the info you need to do that, see above section at 10:

(10) 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;

(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;

(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.

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I know of a prime contractor that was successfully sued by a subcontractor which was specifically identified in the prime's subcontracting plan but not selected for the subcontract. I don't know the details. The prime told me about it but I didn't want to pry...

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