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entitled 'Disaster Recovery: Federal Contracting in the Aftermath of 
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United States Government Accountability Office: 
GAO: 

Testimony: 

Before the Committee on Small Business and Entrepreneurship, U.S. 
Senate: 

For Release on Delivery: 
Expected at 10:00 a.m. EDT:
Thursday, September 15, 2011: 

Disaster Recovery: 

Federal Contracting in the Aftermath of Hurricanes Katrina and Rita: 

Statement of William T. Woods, Director:
Acquisition and Sourcing Management: 

GAO-11-942T: 

Chair Landrieu, Ranking Member Snowe, and Members of the Committee: 

I am pleased to be here to discuss small business participation in 
Gulf Coast rebuilding after Hurricanes Katrina and Rita. Federal 
agencies directly awarded $20.5 billion in contracts nationwide 
between fiscal years 2005 and 2011 for recovery efforts related to 
these hurricanes.[Footnote 1] These contracts are subject to federal 
procurement regulations and, in most cases, are generally subject to 
certain goals to increase participation by small businesses. 

My statement today is based on a report we issued in July 2010, which 
discussed the extent to which Gulf Coast small businesses received 
federal contract funds for recovery efforts, with data on contract 
funds updated through fiscal year 2011 where possible.[Footnote 2] 
More specifically, I will discuss (1) the amounts that small 
businesses nationwide and small businesses in four Gulf Coast states 
received directly from federal agencies through contracts for relief 
and recovery efforts related to Hurricanes Katrina and Rita; and (2) 
the extent to which four agencies--the U.S. Army Corps of Engineers 
(Corps), Department of Homeland Security (DHS), Department of Defense 
(DOD) excluding the Corps, and General Services Administration (GSA)-- 
monitored subcontracting accomplishment information as required for 
selected contracts.[Footnote 3] 

In summary, 

* Small businesses located in four Gulf Coast states (Alabama, 
Florida, Louisiana, and Texas) received about $2.7 billion (13.3 
percent) of the $20.5 billion federal agencies directly awarded 
nationwide in contracts for hurricane recovery between fiscal years 
2005 and 2011. Small businesses in the rest of the United States 
received about $2.6 billion (12.9 percent). 

* The Corps and the rest of DOD--two of four agencies that awarded the 
most in federal contracts for hurricane recovery--could not 
demonstrate that they consistently were monitoring subcontracting 
accomplishment data for 13 of the 43 construction contracts for which 
subcontracting plans were required. We recommended that the Secretary 
of Defense take steps to ensure that contracting officials with the 
Corps and other DOD departments consistently comply with requirements 
to monitor the extent to which contractors were meeting subcontracting 
plan goals. DOD did not concur with the implication that its 
contracting personnel did not enforce requirements. We recently 
received information from both DOD and the Corps that indicates that 
they have initiated actions to address our recommendation. 

For both our July 2010 report and the updates included in this 
statement, we analyzed data on contracts directly awarded by federal 
agencies for Katrina-and Rita-related recovery efforts between fiscal 
years 2005 and 2011.[Footnote 4] Although we could not independently 
verify the reliability of these data, we reviewed system 
documentation, conducted electronic data testing, and compared the 
data with supporting documentation when available. On the basis of 
these efforts, we determined the data on the amount of federal 
contract dollars received directly for Hurricanes Katrina and Rita 
recovery efforts to be sufficiently reliable for purposes of our 
review. We identified all construction-related contracts that had 
subcontracting plans for the four agencies that awarded the greatest 
amount of Katrina-and Rita-related contract dollars in fiscal years 
2005-2009 (Corps, DHS, DOD, and GSA). We interviewed officials from 
the four agencies to gather additional information on subcontracting 
award reports. The work on which this statement is based was performed 
from September 2009 to September 2011 in accordance with generally 
accepted government auditing standards. Those standards require that 
we plan and perform the audit to obtain sufficient, appropriate 
evidence to provide a reasonable basis for our findings and 
conclusions based on our audit objectives. We believe that the 
evidence obtained provides a reasonable basis for our findings and 
conclusions based on our audit objectives. 

Background: 

When the President declares a state of emergency after a natural or 
other major disaster, the declaration gives the federal government the 
authority to engage in various emergency response activities, many of 
which federal agencies provide through contracts with private 
businesses, including those for debris removal, reconstruction, and 
the provision of supplies.[Footnote 5] Federal agencies' contracts 
with private businesses, whether made in the normal course of agency 
operations or specifically related to a natural disaster declaration, 
in most cases, are subject to certain goals to increase participation 
by various types of small businesses. The Small Business Act requires 
that the President set a governmentwide goal each fiscal year for 
small business participation for the total value of all prime 
contracts awarded directly by an agency.[Footnote 6] Additionally, the 
Small Business Act sets annual prime contract dollar goals for 
participation by five specific types of small businesses: small 
businesses, small disadvantaged businesses, businesses owned by women, 
businesses owned by service-disabled veterans, and businesses located 
in historically underutilized business zones (HUBZone).[Footnote 7] 
The Stafford Act also requires federal agencies to give contracting 
preferences, to the extent feasible and practicable, to organizations, 
firms, and individuals residing in or doing business primarily in the 
area affected by a major disaster or emergency.[Footnote 8] 

The Federal Acquisition Regulation (FAR) implements many federal 
procurement statutes and provides executive agencies with uniform 
policies and procedures for acquisition. For example, the FAR 
generally requires that executive agencies report information about 
procurements directly to the Federal Procurement Data System-Next 
Generation (FPDS-NG), a governmentwide contracting database that 
collects, processes, and disseminates official statistical data on all 
federal contracting activities that are greater than the micro-
purchase threshold (generally $3,000).[Footnote 9] This system 
automatically obtains from other systems or online resources 
additional information that is important to the procurement, such as 
the contractor's location. 

The FAR also requires agencies to measure small business participation 
in their acquisition programs. A small business may participate via 
prime contracts--which are contracts awarded directly by a federal 
agency--or through subcontracts.[Footnote 10] Any business receiving a 
contract directly from a federal executive agency for more than the 
simplified acquisition threshold[Footnote 11] must agree in the 
contract that small businesses will be given the "maximum practicable 
opportunity" to participate in the contract "consistent with its 
efficient performance."[Footnote 12] Additionally, in general, for 
acquisitions (or modifications to contracts) that (1) are individually 
expected to exceed $650,000 ($1.5 million for construction contracts) 
and (2) have subcontracting possibilities, the solicitation shall 
require the apparently successful offeror in a negotiated acquisition 
to negotiate a subcontracting plan that is acceptable to the 
contracting officer, and each invitation for bid shall require the 
bidder selected for award to submit a subcontracting plan to be 
eligible for award.[Footnote 13] The subcontracting plan must include 
certain information, such as a description of the types of work the 
prime contractor believes it is likely to award to subcontractors, as 
well as goals, expressed as a percentage of total planned 
subcontracting dollars, for the use of small businesses.[Footnote 14] 
Generally, contracts that offer subcontracting possibilities and are 
expected to exceed the monetary thresholds that we have previously 
mentioned are to include certain clauses.[Footnote 15] These clauses 
require that for contracts that have individual subcontracting plans, 
prime contractors generally must semiannually and at project 
completion report on their progress toward reaching the goals in their 
subcontracting plans. Generally, contractors that have individual 
subcontracting plans are required to report on their subcontracting 
goals and accomplishments twice a year to the federal government 
through the Electronic Subcontracting Reporting System (eSRS), which 
is a governmentwide database for capturing this information. 
Furthermore, the agencies' administrative contracting officers are 
responsible for monitoring the prime contractors' activities and 
evaluating and documenting contractor performance under any 
subcontracting plan included in the contract. The contracting officer 
is tasked with acknowledging receipt of the reports submitted to eSRS. 
[Footnote 16] 

Federal Agencies Awarded a Significant Amount of Contract Dollars 
Directly to Small Businesses in Gulf Coast and Other States: 

Federal agencies directly awarded $20.5 billion in contracts 
nationwide between fiscal years 2005 and 2011 for recovery efforts 
related to Hurricanes Katrina and Rita. Of this $20.5 billion, small 
businesses located in four Gulf Coast states received approximately 
$2.7 billion (13.3 percent), and small businesses in the rest of the 
United States received about $2.6 billion (see figure 1). 

Figure 1: Total Amount of Federal Contract Dollars Provided for 
Hurricanes Katrina-and Rita-Related Recovery Efforts, Fiscal Years 
2005-2011: 

[Refer to PDF for image: pie-chart] 

Small businesses in all other states: $2,636,781,681 (12.9%); 
Gulf Coast small businesses: $2,734,075,922 13.3%); 
Other than small businesses, nationwide: $15,123,015,021 (73.8%); 
Total: $20,493,872,624. 

Source: GAO analysis of FPDS-NG data. 

Note: The dollars reported are in obligations. The data are as of 
September 1, 2011, however; because of a 90 day delay in reporting to 
the FPDS-NG, data for DOD and the Corps are as of June 1, 2011. 

[End of figure] 

Among the four Gulf Coast states in our review, Louisiana small 
businesses directly received the greatest amount of federal contract 
funds, about $1.4 billion. However, Alabama had the highest proportion 
(47 percent) of total prime contract dollars awarded to small 
businesses (see figure 2). 

Figure 2: Contract Dollars Awarded Directly to Gulf Coast Small 
Businesses and Businesses of All Sizes in States Primarily Affected by 
Hurricanes Katrina and Rita, Fiscal Years 2005-2011: 

[Refer to PDF for image: 4 pie-charts] 

State: Alabama; 
Funding received by small businesses: $310,575,511 (47%); 
All businesses: $666,443,483. 

State: Louisiana; 
Funding received by small businesses: $$1,381,528,057 (43%); 
All businesses: $3,239,377,468. 

State: Mississippi; 
Funding received by small businesses: $645,786,535 (31%); 
All businesses: $2,091,279,432. 

State: Texas; 
Funding received by small businesses: $396,185,819 (28%); 
All businesses: $1,425,043,475. 

Source: GAO analysis of FPDS-NG data. 

Note: The dollars reported are in obligations. The data are as of 
September 1, 2011, however; because of a 90 day delay in reporting to 
the FPDS-NG, data for DOD and the Corps are as of June 1, 2011. 

[End of figure] 

In the four states, the amount of federal contract funds directly 
awarded to specific types of small businesses for Hurricanes Katrina- 
and Rita-related recovery efforts varied (see fig. 3). 

* Small disadvantaged businesses: Of the approximately $2.7 billion 
that went directly to small businesses, about $804 million (29 
percent) went to small disadvantaged businesses. Small disadvantaged 
businesses in Louisiana received the greatest amount of federal 
contract funds awarded to this category (more than $420 million). 

* HUBZones: Small businesses in HUBZones directly received about $560 
million (20 percent of federal contract funds directly awarded to Gulf 
Coast small businesses). Small businesses in HUBZones in Louisiana 
received the greatest amount (about $292 million). 

* Women-owned small businesses: About $381 million were directly 
awarded to women-owned small businesses (14 percent of all federal 
contract funds directly awarded to Gulf Coast small businesses). Women-
owned small businesses in Louisiana received the greatest amount 
(approximately $182 million). 

* Veteran-owned small businesses: About $270 million (or 10 percent of 
federal contracts directly awarded to Gulf Coast small businesses) 
went to this category. Veteran-owned small businesses in Louisiana 
received about $180 million, the most in the Gulf Coast states. 

Figure 3: Contract Dollars Awarded Directly to Various Types of Small 
Businesses for Hurricanes Katrina-and Rita-Related Recovery Efforts, 
Fiscal Years 2005-2011: 

[Refer to PDF for image: illustrated table] 

State: Alabama; 
Total awarded to small businesses: $310.6 million; 
Dollars and percentages of small business totals awarded to different 
types of small businesses: 
Disadvantaged: $75.1 million (24%); 
HUBZone: $76.4 million (25%); 
Women-owned: $36.0 million (12%); 
Veteran-owned: $5.4 million (2%). 

State: Louisiana; 
Total awarded to small businesses: $1.382 billion; 
Dollars and percentages of small business totals awarded to different 
types of small businesses: 
Disadvantaged: $420.4 million (30%); 
HUBZone: $291.9 million (21%); 
Women-owned: $182.2 million (13%); 
Veteran-owned: $179.5 million (13%). 

State: Mississippi; 
Total awarded to small businesses: $645.8 million; 
Dollars and percentages of small business totals awarded to different 
types of small businesses: 
Disadvantaged: $219.2 million (34%); 
HUBZone: $154.7 million (24%); 
Women-owned: $120.6 million (19%); 
Veteran-owned: $56.9 million (9%). 

State: Texas; 
Total awarded to small businesses: $396.2 million; 
Dollars and percentages of small business totals awarded to different 
types of small businesses: 
Disadvantaged: $89.3 million (23%); 
HUBZone: $36.9 million (9%); 
Women-owned: $42.1 million (11%); 
Veteran-owned: $28.6 million (7%). 

State: Total (Gulf Coast); 
Total awarded to small businesses: $2.734 billion; 
Dollars and percentages of small business totals awarded to different 
types of small businesses: 
Disadvantaged: $804 million (39%); 
HUBZone: $559.9 million (20%); 
Women-owned: $380.9 million (14%); 
Veteran-owned: $270.4 million (10%). 

Source: GAO analysis of FPDS-NG data. 

Note: Contracting dollars awarded directly to businesses can be 
counted in more than one category, so the dollars awarded to various 
types of small businesses are not mutually exclusive. Therefore, 
percentages cannot be totaled across columns because under SBA 
guidelines, contracting dollars awarded to businesses can be counted 
in more than one category. For example, a small disadvantaged business 
owned by a woman can be counted as both disadvantaged and women-owned. 
The dollars reported are in obligations. The data are as of September 
1, 2011; however, because of a 90 day delay in reporting to the FPDS-
NG, data for DOD and the Corps are as of June 1, 2011. 

[End of figure] 

Corps of Engineers and DOD Could Not Demonstrate Consistent Monitoring 
of Subcontracting Information for Selected Contracts: 

The Corps and DOD could not demonstrate that they consistently were 
monitoring subcontracting accomplishment information as required. As 
we have previously discussed, subcontracting plans are generally 
required for construction contracts (or modifications to contracts) 
that are expected to exceed $1.5 million and that have subcontracting 
possibilities. The FAR states that subcontracting plans must include 
assurances that prime contractors will report on their progress toward 
reaching their subcontracting goals.[Footnote 17] Generally, contracts 
that offer subcontracting possibilities and are expected to exceed the 
monetary thresholds above are to include certain clauses. In general, 
these clauses require contractors to submit these reports semiannually 
and at project completion. The Corps and DOD use these reports to 
monitor contractor performance under subcontracting plans. We reviewed 
the 57 construction contracts that the Corps, DHS, DOD, and GSA 
awarded directly to large businesses in fiscal years 2005-2009 for 
hurricane-related recovery and that were listed in FPDS-NG as having 
subcontracting plans. The Corps awarded 29 of these contracts but 
could not provide subcontracting accomplishment report information for 
11. DOD awarded 14 contracts and could not provide information for 2 
(see table 1). Without these reports, either in eSRS or paper form, 
contracting officials lacked a key tool for monitoring contractors' 
performance under subcontracting plans. 

Table 1: Status of Subcontracting Accomplishment Information for 
Hurricanes Katrina-and Rita-Related Construction Contracts Having 
Subcontracting Plans, as of July 2010: 

Agency: DHS; 
Number of construction contracts listed in FPDS-NG as having 
subcontracting plans: 5; 
Number of construction contracts for which agencies were unable to 
demonstrate compliance with requirements for monitoring subcontracting 
accomplishment information: 0; 
Percentage unable to demonstrate compliance: 0%. 

Agency: GSA; 
Number of construction contracts listed in FPDS-NG as having 
subcontracting plans: 9; 
Number of construction contracts for which agencies were unable to 
demonstrate compliance with requirements for monitoring subcontracting 
accomplishment information: 0; 
Percentage unable to demonstrate compliance: 0%. 

Agency: DOD; 
Number of construction contracts listed in FPDS-NG as having 
subcontracting plans: 14; 
Number of construction contracts for which agencies were unable to 
demonstrate compliance with requirements for monitoring subcontracting 
accomplishment information: 2; 
Percentage unable to demonstrate compliance: 14%. 

Agency: Corps; 
Number of construction contracts listed in FPDS-NG as having 
subcontracting plans: 29; 
Number of construction contracts for which agencies were unable to 
demonstrate compliance with requirements for monitoring subcontracting 
accomplishment information: 11; 
Percentage unable to demonstrate compliance: 38%. 

Agency: Total; 
Number of construction contracts listed in FPDS-NG as having 
subcontracting plans: 57; 
Number of construction contracts for which agencies were unable to 
demonstrate compliance with requirements for monitoring subcontracting 
accomplishment information: 13; 
Percentage unable to demonstrate compliance: 23%. 

Source: GAO analysis of agency contracting data. 

Note: Two additional construction contracts were listed in FPDS-NG as 
having subcontracting plans; however, these contracts were miscoded 
and did not require subcontracting plans and, thus, were eliminated 
from the universe of contracts we reviewed. Additionally, we 
eliminated another two contracts because Corps officials told us that 
they did not contain subcontracting plans because limited or no 
subcontracting possibilities existed for those contracts. 

[End of table] 

As of 2005, all contractors with subcontracting reporting requirements 
related to contracts with civilian agencies were generally required to 
submit, with some exceptions, summary subcontract reports into eSRS, a 
Web-based govermentwide subcontracting system that allows contractors 
to submit and agency officials to review subcontracting accomplishment 
reports electronically rather than using paper forms. DOD implemented 
eSRS incrementally and began primarily relying on eSRS for subcontract 
reporting as of 2009. The development of eSRS was intended to create 
more visibility and transparency into the process of gathering 
information on federal subcontracting accomplishments. 

In addition to requirements for contractors to submit subcontracting 
accomplishment information, the FAR requires that agency contracting 
officers review subcontracting plans for adequacy and take action to 
enforce the terms of the contract if notified that the contractor is 
failing to meet its commitments under their subcontracting plan. 
[Footnote 18] Agency administrative contracting officials are required 
to provide information to the contracting officer on the extent to 
which the contractor is meeting subcontracting plan goals and to 
notify the contracting officer if the contractor is failing to comply 
in good faith with the subcontracting plan.[Footnote 19] In 
determining whether a contractor failed to make a good-faith effort to 
comply with its subcontracting plan, a contracting officer must look 
to the totality of the contractor's actions, consistent with the 
information and assurances provided in its plan. When considered in 
the context of the contractor's total effort in accordance with its 
plan, failure to submit contracting accomplishment reports may be 
considered an indicator of a failure to make a good-faith effort. 
[Footnote 20] These requirements were in place prior to the 2005 
hurricanes and have continued in the eSRS environment. New 
requirements were added to the FAR in April 2008 that additionally 
require that contracting officers acknowledge receipt of or reject the 
subcontracting accomplishment reports submitted by contractors in 
eSRS.[Footnote 21] In addition, DHS, GSA, DOD, and the Corps have 
agency guidance that spells out the contract administration duties 
necessary to monitor contractor compliance with subcontracting plan 
reporting requirements. Without subcontracting accomplishment 
information, contracting officials at the Corps and DOD lack a key 
tool used to monitor contractor performance under subcontracting 
plans. In the absence of these reports, the Corps and DOD could not 
demonstrate that they were consistently monitoring contractor 
performance under the plans. 

As we have previously noted, the Corps did not provide subcontracting 
accomplishment report information for 11 contracts and could not 
explain why the information was unavailable. DOD did not provide us 
with subcontracting information on 2 of 14 construction contracts we 
reviewed. DOD officials told us that after searching retained records, 
they could not find any paper or electronic subcontracting 
accomplishment reports. We concluded that without monitoring, the 
Corps and DOD were limited in their ability to determine the extent to 
which their prime contractors followed subcontracting plans. We 
recommended that the Secretary of Defense take steps to ensure that 
contracting officials consistently comply with requirements to monitor 
the extent to which contractors were meeting subcontracting plan 
goals, including requirements for contractors with subcontracting 
plans to submit subcontracting accomplishment reports. Once these 
reports are submitted, contracting officials should maintain and 
regularly review them to determine whether contractors have been 
following subcontracting plans. To ensure consistent compliance, DOD 
and the Corps small business offices should monitor such actions by 
contracting officials, as deemed appropriate. DOD did not concur with 
the implication that its contracting personnel did not enforce 
requirements. We recently received information from both DOD and the 
Corps that indicates that they have initiated actions to address our 
recommendation. 

Chair Landrieu, Ranking Member Snowe, this concludes my prepared 
statement. I would be happy to answer any questions at this time. 

Contacts and Acknowledgments: 

For further information on this testimony, please contact William T. 
Woods at (202) 512-4841 or woodsw@gao.gov or William B. Shear at (202) 
512-8678 or shearw@gao.gov. Contact points for our Offices of 
Congressional Relations and Public Affairs may be found on the last 
page of this statement. Individuals making key contributions to this 
testimony included Marshall Hamlett, Assistant Director; Christine 
Houle; Julia Kennon; Triana McNeil; Marc Molino; Barbara Roesmann, and 
Alyssa Weir. 

[End of section] 

Footnotes: 

[1] In this statement, the obligations data we report for fiscal year 
2011 are through September 1, 2011, except for the Department of 
Defense (DOD) and the Army Corps of Engineers (Corps). Due to a 90-day 
delay in reporting to the Federal Procurement Data System-Next 
Generation (FPDS-NG)--the governmentwide contracting database that 
collects, processes, and disseminates official statistical data on 
federal contracting activities--data for DOD and the Corps are as of 
June 1, 2011. 

[2] GAO, Hurricanes Katrina and Rita: Federally Funded Programs Have 
Helped to Address the Needs of Gulf Coast Small Businesses, but Agency 
Data on Subcontracting Are Incomplete, [hyperlink, 
http://www.gao.gov/products/GAO-10-723] (Washington, D.C.: Jul. 29, 
2010). 

[3] In this statement, unless otherwise noted, we use the acronym DOD 
to refer to the Department of Defense, excluding the Corps. We are 
reporting on the Corps and the rest of DOD separately because at least 
three supplemental appropriations measures for DOD activities relating 
to Hurricane Katrina relief specifically directed certain funds to the 
Corps for its disaster relief activities. See Pub. L. No. 109-62, 119 
Stat. 1990 (2005); Pub. L. No. 109-148, 119 Stat. 2680 (2005); and 
Pub. L. No. 109-234, 120 Stat. 418 (2006). 

[4] Because of a 90 day delay in reporting to the FPDS-NG, data for 
DOD and the Corps are as of June 1, 2011. 

[5] See Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (Stafford Act), Pub. L. No. 93-288, as amended, 42 U.S.C. §§ 5121-
5204c. 

[6] 15 U.S.C. § 644(g). Under this provision, the President must 
annually establish governmentwide goals for, among other things, 
procurement contracts awarded to small business concerns. The 
governmentwide goal for participation by small business concerns must 
not be less than 23 percent of the total value of all prime contracts 
awarded for each fiscal year. As stipulated in the Small Business Act, 
procurement goals are established as a percentage of the total value 
of all contracts directly awarded by the federal government in a 
fiscal year. 

[7] 15 U.S.C. § 644(g). The Small Business Act defines these 
businesses as follows: (1) Small businesses are those that are 
independently owned and operated and are not dominant in their field 
of operations. (2) Small disadvantaged businesses must be owned and 
controlled by socially and economically disadvantaged individuals--
such as African Americans, Hispanic Americans, Asian Pacific 
Americans, Subcontinent Asian Americans, or Native Americans. These 
owners must have at least a 51 percent stake in the business. (3) 
Women-owned small businesses must have at least 51 percent female 
ownership and the management and daily operations of the concern must 
be controlled by women. (4) Service-disabled veteran-owned small 
businesses must be owned--also at least 51 percent--by one or more 
veterans with a service-related disability. In addition, the 
management and daily operations of the business must be controlled by 
one or more veterans with a service-related disability. (5) HUBZone 
small businesses must have their principal offices physically located 
in these historically underutilized business zones, which are 
economically distressed metropolitan or nonmetropolitan areas--that 
is, areas with low-income levels or high unemployment rates--and must 
employ some staff who live in these zones. The small business 
regulations implementing the Small Business Act further define these 
businesses. 13 C.F.R. §§ 121.401-121.413. 

[8] 42 U.S.C. § 5150. 

[9] FAR 4.603(b). In 2006, the FPDS-NG reporting threshold was raised 
from $2,500 to $3,000. 71 Fed. Reg. 57364 (Sept. 28, 2006). In 2008, 
the reporting threshold for FPDS-NG was set at the micro-purchase 
threshold for most types of contract awards. 73 Fed. Reg. 21773 (Apr. 
22, 2008) (interim); and 74 Fed. Reg. 2712 (Jan. 15, 2009) (final). 

[10] FAR 44.101 defines a subcontractor as "any supplier, distributor, 
vendor, or firm that furnishes supplies or services to or for a prime 
contractor or another subcontractor." 

[11] Effective October 1, 2010, the simplified acquisition threshold 
for most acquisitions was increased from $100,000 to $150,000. 75 Fed. 
Reg. 53,128 (Aug. 30, 2010). FAR 2.101. 

[12] FAR 19.702, 2.101. 

[13] This dollar threshold was changed to $550,000 (and $1 million for 
construction contracts) on September 28, 2006 and again, effective 
October 1, 2010, to the current levels. 71 Fed. Reg. 57,363 (Sept. 28, 
2006); 75 Fed. Reg. 53,128 (Aug. 30, 2010). 

[14] These and other aspects of the small business subcontracting plan 
requirement are set forth at FAR Subpart 19.7. 

[15] Contracts that are below the simplified acquisition threshold, 
are personal services contracts, are to be performed entirely outside 
of the United States, are set aside, or are to be accomplished under 
the 8(a) program do not require this clause. 

[16] Effective July 16, 2010, the FAR was updated to include 
additional guidance on eSRS, including reporting time frames for 
subcontracting accomplishment reports and clarification of when a 
contracting officer shall reject a report as not adequately completed. 
75 Fed. Reg. 34260 (June 16, 2010); 73 Fed. Reg. 21779 (Apr. 22, 2008). 

[17] FAR Subpart 19.704 (a)(10)(iii). 

[18] FAR Subpart 19.705-4 and 19.705-6. 

[19] FAR Subpart 19.706. 

[20] FAR Subpart 19.705-7. 

[21] See footnote 16 of this statement. 

[End of section] 

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