Submission for OMB Review; Subcontracting Plans, 11972 [2025-03995]

Agencies

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

[Federal Register Volume 90, Number 48 (Thursday, March 13, 2025)]
[Notices]
[Page 11972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03995]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0007; Docket No. 2024-0053; Sequence No. 19]


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 14, 2025.

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.

FOR FURTHER INFORMATION CONTACT: [email protected] or call 202-969-
4075.

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)), 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 of a public 
facility) 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 an 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. Contractors 
with 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; instead, 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 a 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: 30,365.
    Total Annual Responses: 49,296.
    Total Burden Hours: 112,704.

D. Public Comment

    A 60-day notice was published in the Federal Register at 89 FR 
97004, on December 6, 2024. Comments were received from a respondent; 
however, they did not change the estimate of the burden.
    Comment: The respondent recommended removing the requirement for 
subcontracting plans in Federal contracting. The respondent stated that 
the ``process of creating, maintaining, and reporting subcontracting 
plans imposes significant administrative burdens without a 
corresponding benefit that cannot already be achieved through existing 
reporting mechanisms.''
    Response: The respondent's input is appreciated. Subcontracting 
plans and subcontracting plan reporting are required by section 8(d) of 
the Small Business Act (15 U.S.C. 637(d)). Therefore, changes to the 
information collected would require a change to the underlying statute.
    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. 2025-03995 Filed 3-12-25; 8:45 am]
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