ERS Posted March 19, 2009 Report Share Posted March 19, 2009 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. Link to comment Share on other sites More sharing options...
contractor100 Posted March 19, 2009 Report Share Posted March 19, 2009 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(); 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. Link to comment Share on other sites More sharing options...
infotran Posted July 16, 2009 Report Share Posted July 16, 2009 Is the SB Subcontract plan a public document? and what would be the process of obtaining the prime contractor SB Subcontract Plan? Link to comment Share on other sites More sharing options...
Don Mansfield Posted July 16, 2009 Report Share Posted July 16, 2009 Try requesting it through the agency's FOIA office. Link to comment Share on other sites More sharing options...
joel hoffman Posted July 16, 2009 Report Share Posted July 16, 2009 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... Link to comment Share on other sites More sharing options...
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