Public Law 95-507 requires that
contracts over specified thresholds contain a subcontracting plan
with goals for subcontracting with small and small disadvantaged
firms. The requirements of the plan are set forth in the Small
Business Act. The SF 294 is used to monitor the contractors
performance against the goals in its plan.
US Code:
15
USC 637(d) Name of Law: Small Business Act
Because the ORCA function in
SAM allows for multiple uses from a single entry, i.e., a
contractor can enter their representations and certification
information once a year (with any needed updates) for use on all
Federal contracts, the number of estimated responses per respondent
(public) has decreased from the currently approved number 12.22 to
4. With regard to the estimated cost to the Government, Government
officials must verify prospective contractor representations and
certifications made in ORCA prior to the award of each contract.
According to agency data report submissions to the Federal
Procurement Data System (FPDS), in FY 2011, 707,996 base awards
exceeding the simplified acquisition threshold of $150,000 were
made by Federal agencies. (This would include the representations
at FAR 52.209-5 and 52.212-3(h). FAR 52.209-5 applies to
solicitations above the simplified acquisition threshold.) For
purposes of estimation, we used the total base awards made in FY
2011 as reported to FPDS as the basis for estimating the total
responses reviewed by the Government. In addition, for greater
accuracy, an adjustment is being made to the average wages and
overhead calculation for Government review in Item 14. We estimate
the annual cost to the Government to review and analyze the
responses to this information collection requirement at $22.57 an
hour based on the Office of Personnel Management 2012 salary for a
GS-09, step 5 plus 36.45 percent burden rounded to the nearest
dollar, or $31 an hour, instead of the $20 per hour plus 100%
overhead ($40 per hour) formula used for calculation of the
Government review costs under the current information collect.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.