Subcontracting Plans; FAR Section Affected: 52.219-9; SF 294; eSRS

Forms and Documents

Document Name	Status
Form SF 294 Individual Subcontract Report (ISR) -- Individual plan with order-level reporting requirement Form and Instruction	New
Form SF 294 Individual Subcontract Report (ISR) -- Individual plan without order-level reporting requirement Form and Instruction	Modified
9000-0007 Supporting Statement 03.15.2022.docx Supporting Statement A	2022-03-21

IC Document Collections

IC ID	Document Title	Status
36390	Subcontracting Plans -- Commercial Plan	Modified
252187	Written explanation for not using a small business subcontractor as specified in the proposal or subcontracting plan	New
252185	Subcontracting plan -- Individual plan	New
252184	Individual Subcontract Report (ISR) -- Individual plan with order-level reporting requirement Form and Instruction	New
234488	Individual Subcontract Report (ISR) -- Individual plan without order-level reporting requirement Form and Instruction	Modified
234486	Summary Subcontracting Report (SSR)	Modified

ICR Details

OMB Control No: 9000-0007	ICR Reference No: 202203-9000-003
Status: Received in OIRA	Previous ICR Reference No: 201811-9000-003
Agency/Subagency: FAR	Agency Tracking No:
Title: Subcontracting Plans; FAR Section Affected: 52.219-9; SF 294; eSRS
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 03/21/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2022
Responses	55,016	39,189
Time Burden (Hours)	135,595	86,461
Cost Burden (Dollars)	5,423,800	3,243,889

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Abstract: 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: a. 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. b. 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). c. 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. d. 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), Pub. L. 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.

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Authorizing Statute(s): None

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 1751	01/12/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 15424	03/18/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Individual Subcontract Report (ISR) -- Individual plan with order-level reporting requirement	SF 294	SUBCONTRACTING REPORT FOR INDIVIDUAL CONTRACTS
Individual Subcontract Report (ISR) -- Individual plan without order-level reporting requirement	SF 294	Subcontracting Report for Individual Contracts
Subcontracting Plans -- Commercial Plan
Subcontracting plan -- Individual plan
Summary Subcontracting Report (SSR)
Written explanation for not using a small business subcontractor as specified in the proposal or subcontracting plan

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	55,016	39,189	0	15,827	0	0
Annual Time Burden (Hours)	135,595	86,461	0	49,134	0	0
Annual Cost Burden (Dollars)	5,423,800	3,243,889	0	2,179,911	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Cutting Redundancy

Short Statement: The estimated burden has been adjusted by using FY 2021 data from eSRS and FPDS data for fiscal years 2017-2021. The data used for this estimate is more accurate because it accounts for the actual number of SSRs and ISRs submitted through eSRS; the previous estimate was an extrapolation by using FPDS data alone. The estimated cost to the public and to the Government was updated based on use of the calendar year 2022 OPM GS wage rates for the rest of the United States.

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Annual Cost to Federal Government: $2,717,642

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 03/21/2022

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