Submission for OMB Review; Subcontracting Plans, 15424 [2022-05744]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Page 15424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05744]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0007; Docket No. 2022-0053; Sequence No. 3]


Submission for OMB Review; Subcontracting Plans

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, the 
Regulatory Secretariat Division has submitted to the Office of 
Management and Budget (OMB) a request to review and approve an 
extension of a previously approved information collection requirement 
regarding subcontracting plans.

DATES: Submit comments on or before April 18, 2022.

ADDRESSES: Written comments and recommendations for this information 
collection should be sent within 30 days of publication of this notice 
to www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function.
    Additionally, submit a copy to GSA through https://www.regulations.gov and follow the instructions on the site. This 
website provides the ability to type short comments directly into the 
comment field or attach a file for lengthier comments.
    Instructions: All items submitted must cite OMB Control No. 9000-
0007, Subcontracting Plans. Comments received generally will be posted 
without change to https://www.regulations.gov, including any personal 
and/or business confidential information provided. To confirm receipt 
of your comment(s), please check www.regulations.gov, approximately 
two-to-three days after submission to verify posting. If there are 
difficulties submitting comments, contact the GSA Regulatory 
Secretariat Division at 202-501-4755 or [email protected].

FOR FURTHER INFORMATION CONTACT: Zenaida Delgado, Procurement Analyst, 
at telephone 202-969-7207, or [email protected].

SUPPLEMENTARY INFORMATION:

A. OMB Control Number, Title, and Any Associated Form(s)

    9000-0007, Subcontracting Plans.

B. Need and Uses

    This clearance covers the information that offerors and contractors 
must submit to comply with the requirements in Federal Acquisition 
Regulation (FAR) 52.219-9, Small Business Subcontracting Plans, 
regarding subcontracting plans as follows:
    1. Subcontracting plan. In accordance with section 8(d) of the 
Small Business Act (15 U.S.C. 637(d)), any contractor receiving a 
contract for more than the simplified acquisition threshold must agree 
in the contract that small business, veteran-owned small business, 
service-disabled veteran-owned small business, HUBZone small business, 
small disadvantaged business, and women-owned small business concerns 
will have the maximum practicable opportunity to participate in 
contract performance. Further, 15 U.S.C. 637(d) imposes the requirement 
that contractors receiving a contract that is expected to exceed, or a 
contract modification that causes a contract to exceed, $750,000 ($1.5 
million for construction) and has subcontracting possibilities, shall 
submit an acceptable subcontracting plan that provides maximum 
practicable opportunities for small business, veteran-owned small 
business, service-disabled veteran-owned small business, HUBZone small 
business, small disadvantaged business, and women-owned small business 
concerns. Specific elements required to be included in the plan are 
specified in section 8(d) of the Small Business Act and implemented in 
FAR subpart 19.7 and the clause at FAR 52.219-9.
    2. Summary Subcontract Report (SSR). In conjunction with the 
subcontracting plan requirements, contractors with subcontracting plans 
must submit an annual summary of subcontracts awarded as prime and 
subcontractors for each specific Federal Government agency. Contractors 
submit the information in a SSR through the Electronic Subcontracting 
Reporting System (eSRS). This is required for all contractors with 
subcontracting plans regardless of the type of plan (i.e., commercial 
or individual).
    3. Individual Subcontract Report (ISR). In conjunction with the 
subcontracting plan requirements, contractors with individual 
subcontracting plans must submit semi-annual reports of their small 
business subcontracting progress. Contractors submit the information 
through eSRS in an ISR, the electronic equivalent of the Standard Form 
(SF) 294, Subcontracting Report for Individual Contracts. Contracts 
that are not reported in the Federal Procurement Data System (FPDS) in 
accordance with FAR 4.606(c)(5) do not submit ISRs in eSRS; they will 
continue to use the SF 294 to submit the information to the agency.
    4. Written explanation for not using a small business subcontractor 
as specified in the proposal or subcontracting plan. Section 1322 of 
the Small Business Jobs Act of 2010 (Jobs Act), Public Law 111-240, 
amends the Small Business Act (15 U.S.C. 637(d)(6)) to require as part 
of a subcontracting plan that a prime contractor make good faith effort 
to utilize a small business subcontractor during performance of a 
contract to the same degree the prime contractor relied on the small 
business in preparing and submitting its bid or proposal. If a prime 
contractor does not utilize a small business subcontractor as described 
above, the prime contractor is required to explain, in writing, to the 
contracting officer the reasons why it is unable to do so.

C. Annual Burden

    Respondents: 36,088.
    Total Annual Responses: 55,016.
    Total Burden Hours: 135,595.

D. Public Comment

    A 60-day notice was published in the Federal Register at 87 FR 
1751, on January 12, 2022. No comments were received.
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division, by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0007, Subcontracting Plans.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2022-05744 Filed 3-17-22; 8:45 am]
BILLING CODE 6820-EP-P