1. SBA 1st First Wednesday Virtual Learning 2017
“Subcontracting Plan Compliance”
SBA 1st First Wednesday Virtual Learning 2017

2. Hosts Jan Kaiser, Procurement Center Representative
SBA Office of Government Contracting, Area IV, Chicago
(312)
Deborah Crumity, Procurement Center Representative
SBA Office of Government Contracting, Area IV, Rock Island Arsenal
(309)

3. Welcome to “SBA Virtual Learning 2017”
Questions answered during the final 10 minutes.
Technical problems: Contact the moderator with a note or call AT&T Connect Support at
Page numbers stated for those working off hard copies of the program.
We cover the “SBA Quick Reference” as time allows.
For more SBA training visit the SBA Learning Center website

4. Association of Procurement Technical Assistance Centers posts past “First Wednesday” programing
Check this link for past programs:
sba-webinar-library/
Contracting officer resources: “How PTACs partner with federal agencies”:
Find your nearest Procurement Technical Assistance Center at

5. FIRST WEDNESDAY VIRTUAL LEARNING SERIES – 2017 SCHEDULE 9:30 to 10:30 Central Time
FY 2017
 Date
 Topic 1
October 5, 2016
Non-Manufacturer Rule 2
November 2, 2016
Market Research: Using FPDS & DSBS 3
December 7, 2016
New All SB Mentor-Protégé Program 4
January 11, 2017
SBA Surveillance Reviews 2017 5
February 1, 2017
Certificate of Competency Program 6
March 1, 2017
Historically Underutilized Business Zones 7
April 12, 2017
Subcontracting Plan Compliance 8
May 3, 2017
Woman Owned Small Business 9
June 7, 2017
SBA’s Size Program 10
July 12, 2017
Small Business Legislative Updates 11
August 2, 2017
8(a) Business Development
The program schedule above is for information only and is subject to change.

6. Thank You For Your Feedback
We conducted a time change trial in DEC – JAN – FEB and held the First Wednesday training later in the day. Your feedback was requested via survey and you responded.
10:30 a.m. Eastern - I like the time as it has been %
2:00 p.m. Eastern - I like the time change in the trial period %
I am neutral.  Both the past time and the one in the trial period % works for me.
Thank you for the feedback regarding suggested topics which we are currently reviewing for next fiscal year.
Additional thoughts? Send them to

7. CAUTION – Do not recommend fee for service (
CAUTION – Do not recommend fee for service (.com) firms for SAM registration
There are firms that require fee for services to assist small businesses in a variety of ways. Registration in SAM, proposal preparations, certifications (not authorized by SBA) and assistance in getting on GSA Federal Supply Schedules and more.
No government official should be promoting any individual business’ services or products as this implies endorsement of one firm over all others. The government has to remain impartial.  If you come across something that you think is great, encourage that firm to market itself, but do not market on their behalf. 
The government, through the Department of Defense established the Procurement Technical Assistance Program (PTAP) which has centers throughout the country that do provide this and many other services – most of which are at no cost to a firm.

8. One Continuous Learning Point
Self-service: Using the PowerPoint that was sent with your invitation for this training event, fill in your name on the certificate slide and save. Download the certificate and print for your records. You submit your request for training credit IAW your agency policy, i.e. FAITAS.
Phoning in only: If you listen in groups and you want all attendees to be included on the future mailing list, send addresses of participants in an excel document to

9. Presenters Angela Terry Sally Walton
Size Protests 2016
12/16/2017
Presenters
Angela Terry
Subcontracting Program Manager U.S. Small Business Administration Office of Government Contracting
(202)
Stephanie Lewis
Size Specialist U.S. Small Business Administration Office of Government Contracting
(817)
Sally Walton
Procurement Center Representative (PCR) U.S. Small Business Administration Office of Government Contracting
(505)
(402)

10. What We Will Cover What’s New in Subcontracting Plan Regulations
Did You Know?
Who Can Offer Assistance
SUB-Net
Questions

11. What’s New Subcontracting Plan Requirements
FAR (a)(12) – Assurance to use the Pre-appointed Small Businesses
FAR (a)(13) - Communication with Contracting Officers
FAR (a)(14) and (15) – Payment to SB Subcontractors
FAR (a)(10)(iii) – Task Order Requirements

12. Assurance to use the Pre-appointed Small Businesses
Discussion Topics
FAR (a)(12)
What do you do when a subcontractor contacts you to inform you that the prime contractor didn’t utilize their products or services although they used their price, cost and technical information in the proposal?
FAR (a)(13)
What do I do if I receive written notification from the prime stating they did not use a subcontractor that participated in the preparation of the proposal?

13. Assurance to use the Pre-appointed Small Businesses FAR 19.704(a)(12)
The offeror must make a good faith effort to acquire articles, equipment, supplies, services, or materials, or obtain the performance of construction work from the small business concerns that the offeror used in preparing the bid or proposal, in the same or greater scope, amount, and quality used in preparing and submitting the bid or proposal.
Responding to a request for a quote does not constitute use in preparing a bid or proposal.

14. Assurance to use the Pre-appointed Small Businesses FAR 19.704(a)(12)
An offeror used a small business concern in preparing the bid or proposal if—
(i) The offeror identifies the small business concern as a subcontractor in the bid or proposal or associated small business subcontracting plan, to furnish certain supplies or perform a portion of the contract; or
(ii) The offeror used the small business concern's pricing or cost information or technical expertise in preparing the bid or proposal, where there is written evidence of an intent or understanding that the small business concern will be awarded a subcontract for the related work if the offeror is awarded the contract;

15. Communication with Contracting Officers FAR 19.704(a)(13)
The contractor will provide the contracting officer with a written explanation if the contractor fails to acquire articles, equipment, supplies, services or materials or obtain the performance of construction work as described in (a)(12) of this section.
This written explanation will be submitted to the contracting officer within 30 days of contract completion.

16. Communicating with the subcontractor FAR 19.704(a)(14)
Discussion Topic
FAR (a)(14)
What do I do if I receive a letter or telephone call from the subcontractor stating they are having payment and utilization problems with their prime contractor or higher tier subcontractor?
FAR (a)(15)
What do I do if I receive a letter or telephone call from the subcontractor stating they are not receiving payments on time or for the amount that was agreed to in the subcontract?

17. Communication with the Subcontractor FAR 19.704(a)(14)
The contractor cannot prohibit a subcontractor from discussing with the contracting officer any material matter pertaining to payment to or utilization of a subcontractor.

18. Payments to Small Business Subcontractors FAR 19.704(a)(15)
The offeror
Must pay its small business subcontractors on time and in accordance with the terms and conditions of the subcontract, and
Must notify the contracting officer if the offeror pays a reduced or an untimely payment to a small business subcontractor (see ).
FAR – Untimely Payment means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

19. Task Order Reporting FAR 19.704(a)(10)(iii)
After November 30, 2017, agencies will include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity (IDIQ) contracts intended for use by multiple agencies
Discussion Topic
How will agencies submit subcontract data for task orders?

20. Task Order Requirements FAR 19.705-1(b)(2)
FAR (b)(2) Contracting officers placing orders may establish small business subcontracting goals for each order. Establishing goals shall not be in the form of a new subcontracting plan as a contract may not have more than one plan ( (e)).
Discussion Topics:
Contracting Officers can require “Other Than Small Business” to provide subcontracting goals on each task order.
This will be the goals only crafted following the guidance in FAR (1-6)

21. Did You Know? Discussion of 19.705-2 (e)
(e) A contract may not have more than one subcontracting plan. However, a contracting officer may establish separate subcontracting goals for each order under an indefinite- delivery, indefinite-quantity contract ( (b)(2)).
When a contract modification exceeds the subcontracting plan threshold (see (a)) or an option is exercised, the goals of an existing subcontracting plan shall be amended to reflect any new subcontracting opportunities not envisioned at the time of contract award.
These goal changes do not apply retroactively.

22. Who Can Be of Assistance?
eSRS Functionality Questions
Federal Service Desk
Within U.S. - Toll Free at
Outside U.S
Assistance with Interpreting SBA’s Regulations
Kenneth Dodds
Director, Office of Policy, Planning & Liaison

23. Who Can Be of Assistance?
Assistance with Enforcement or Compliance Questions
Pre-award: Procurement Center Representatives (PCR) Assistance with developing Subcontracting Plans
Post-award: Commercial Market Representatives (CMR) - Assistance with identifying subcontracting possibilities or subcontracting plan compliance issues
How to locate a PCR or CMR for your Area:
Log on to
Click Contracting
Scroll down to Resources for Small Business
Click on CMR or PCR

24. Who Can Be of Assistance?
Prime Contracts Program Manager
Valerie Coleman
Subcontracting Program Manager
Angela Terry

25. New SUB-Net New capabilities Sub-Net
Utilize Sub-Net to determine if a NAICS has subcontracting possibilities or events
OTSB can post specific subcontracting opportunities and events for small businesses
The new SUB-Net will soon be available
Use Acceptance Testing (UAT) is the week of April 17
New capabilities

26. Sub-Net Solicitation Map Search

27. Sub-Net Solicitation Advance Search

28. Sub-Net Solicitation Search Results

29. Questions

30. ”SBA Quick Reference”

31. Dynamic Small Business Search

32. Summary of CFR Regulations
SBA Size Regulations 13 CFR Part 121
HUBZone Regulations 13 CFR
SBA Certificate of Competency 13 CFR 125.5
Service-Disabled Veteran 13 CFR (b)
8(a) and SDB Regulations 13 CFR
Small Disadvantaged Business 13 CFR (f)
WOSB Program 13 CFR 127
SBA Prime Contracting 13 CFR 125.2
SBA Subcontracting 13 CFR 125.3 32 32

33. Types of SBA Contacts and Offices
A. SBA Government Contracting Area Offices
1. SBA Procurement Center Representatives (PCRs)
2. SBA Commercial Market Representatives (CMRs)
B. SBA District Offices
1. Business Opportunity Specialists (BOS)
C. SBA Regional Offices
D. SBA Headquarters 33 33

34. Six SBA Government Contracting Areas at hyperlink: https://www. sba

35. A. SBA Quick Reference - SBA Area Offices
1. Size protests (with recertification) FAR
13 CFR
13 CFR
2. Locating nearest SBA staffer FAR 19.4
3. Certificate of Competency FAR 19.6
13 CFR 125.5
4. COC Limitations on Subcontracting Compliance
FAR
13 CFR 125.6(f)
5. Receiving copies subcontracting plans
FAR

36. B. SBA Quick Reference - SBA Procurement Center Representatives (PCRs)
FAR   Small Business Administration procurement center representatives. (a)(1) The SBA may assign one or more procurement center representatives to any contracting activity or contract administration office to carry out SBA policies and programs…
(2) If a SBA procurement center representative is not assigned to the procuring activity or contract administration office, contact the SBA Office of Government Contracting Area Office…..
(b) Upon their request and subject to applicable acquisition and security regulations, contracting officers shall give SBA procurement center representatives….access to all reasonably obtainable contract….

37. B. SBA Quick Reference SBA PCRs, cont.
1. SBA PCR coordination records FAR (b)   
13 CFR 125.2
2. Small business set-aside appeals FAR
13 CFR 125.2(b)(7)
3. HUBZone set-aside appeals FAR
FAR
13 CFR
4. SDVOSB set-aside appeal FAR
FAR
13 CFR
5. Reporting bundling to SBA (MATOCs) FAR (e)(1)
6. SBA subcontracting plan reviews-copies FAR (3)
13 CFR 125.2(b)(6)(iii)
FAR (c)
13 CFR 125.2(b)(6)(iii)(C)
7. SBA subcontracting program review FAR (4)
8. Small business TFD FAR (e)(4))
(Termination for default)
9. Surveillance review of agency contracting

38. Small Business Coordination Forms Sent To SBA PCRs
Agency
Form
Title 1
Commerce
CD 570
Small Business Set-aside Review 2
Defense
2579
Small Business Coordination Record 3
Energy
4220.2
Small Business Review Form 4
GSA
2689
Small Business Analysis Record 5
HHS
653 6
Homeland Security
700-22 7
Interior
1886
Acquisition Screening and Review Form 8
Labor
DL1-2004
Small Business Procurement Determination 9
NASA
NF 1787
Small Business Review Sheet 10
State
DS-1910
Small Business Clearance Form 11
Transportation
4250
Small Business Program Review Form 12
USDA
AD-1205
Small Business Program – Procurement Review 13 VA
2268
Procurement Request Review For Small Business…

39. Document that you have provided SBA Area Directors with copies of subcontracting plans
Postaward responsibilities of the contracting officer. …:
Notifying the SBA of the award by sending a copy of the award document to the Area Director, Office of Government Contracting, in the SBA area office where the contract will be performed.
(c) Giving to the SBA procurement center representative….a copy of—
(1) Any subcontracting plan submitted in response to a sealed bid solicitation; and
(2) The final negotiated subcontracting plan that was incorporated into a negotiated contract or contract modification.
(d) Notifying the SBA procurement center representative…. of the opportunity to review subcontracting plans in connection with contract modifications.

40. C. SBA Quick Reference - SBA Commercial Market Representatives (CMRs) link at:
Prime contractor portfolio management 13 CFR 125.3
Reviews of subcontracting plan holders 13 CFR 125.3
Matchmaking CFR 125.3
SBA SUB-Net link at:
SBA Subcontracting Opportunities Directory link at:
“SBLO Handbook” link at:

41. D. SBA Quick Reference – SBA Regional and District Offices
Link to district offices at:

42. D. SBA Quick Reference - SBA District Offices, cont.
To locate SBA 8(a) business development servicing office, check Dynamic Small Business Search at the link: and then local resources at the link

43. E. SBA Quick Reference - SBA Headquarters
1. HUBZone status protests FAR  
13 CFR
2. NAICS code appeal FAR
13 CFR
3. Non-manufacturer rule waivers FAR (f)(1)-(7)
13 CFR
4. SDVOSB status protest FAR
13 CFR
5. WOSB Program status protest FAR /13 CFR

44. FAR 19. 102 (f ): No class waiver to NMR
FAR (f ): No class waiver to NMR? Check out an individual waiver*

45. A. If you find no class waivers, an SBA individual waiver to the Nonmanufacturer Rule (NMR) may help you to achieve small business goals if*:
B. A waiver for a set-aside is not needed when: 1. One small business manufacturer: * Small business set-aside 2. Small business manufacturer, brand specific of any dollar size with FAR 6 justification: * Small business set-aside 3. Large business, brand specific (or brand equivalent) requirement $25,000 or less with FAR 6: * Small business set-aside C. GSA schedule: Use the closest code listed on the schedule. Then same as above if no class waiver. D. Exception to “NMR” if procurement $25,000 or less (FAR (f)(7)(B))

46. NMR Program Office
The preferred and most expeditious method for asking questions and submitting waiver requests is by to

47. SBA 1st First Wednesday Virtual Learning 2017
Find your PCR at
SBA 1st First Wednesday Virtual Learning 2017