19.706 Responsibilities of the cognizant administrative contracting officer
Source: FAR 19.706 on acquisition.gov
The administrative contracting officer must actively monitor, document, and promptly report on contractor compliance with small business subcontracting plans, ensuring timely intervention if commitments or good faith efforts are not met.
Overview
FAR 19.706 outlines the responsibilities of the cognizant administrative contracting officer (ACO) in relation to subcontracting plans under the Small Business Subcontracting Program. The ACO plays a critical role in evaluating, monitoring, and documenting contractor performance regarding their obligations to subcontract with small businesses and other designated categories. The contract administration office must support the contracting officer by providing timely and thorough information on contractor compliance, performance history, and any issues with meeting subcontracting goals or good faith efforts. Immediate notification is required if the contractor is not meeting commitments or is not acting in good faith, as well as upon contract completion regarding goal attainment.
Key Rules
- Evaluation and Monitoring of Subcontracting Plans
- The ACO must assist in evaluating subcontracting plans and monitor contractor performance under the relevant clauses and plans.
- Documentation and Reporting
- The contract administration office must provide documentation on contractor performance, compliance history, and current efforts to meet subcontracting goals.
- Immediate Notification of Noncompliance
- Immediate notice must be given if the contractor fails to meet commitments or is not acting in good faith, including rationale for such findings.
- Contract Completion Reporting
- Upon contract completion, the office must report whether goals were met and if any lack of good faith effort is indicated.
Responsibilities
- Contracting Officers: Rely on the ACO and contract administration office for accurate, timely information on subcontracting plan compliance and performance.
- Contractors: Must comply with subcontracting plan requirements, make good faith efforts, and ensure subcontractors adopt similar plans when required.
- Agencies: Must monitor, document, and report on contractor performance and compliance, and provide immediate notifications of issues.
Practical Implications
- This section ensures robust oversight of subcontracting plan compliance, supporting small business participation in federal contracts.
- It impacts daily contract administration by requiring ongoing monitoring, documentation, and prompt reporting of issues.
- Common pitfalls include delayed notifications, incomplete documentation, or failure to identify lack of good faith efforts, which can affect contractor evaluations and future awards.
The administrative contracting officer is responsible for assisting in evaluating subcontracting plans, and for monitoring, evaluating, and documenting contractor performance under the clause prescribed in 19.708(b) and any subcontracting plan included in the contract. The contract administration office shall provide the necessary information and advice to support the contracting officer, as appropriate, by furnishing-
(a) Documentation on the contractor’s performance and compliance with subcontracting plans under previous contracts;
(b) Information on the extent to which the contractor is meeting the plan’s goals for subcontracting with eligible small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns;
(c) Information on whether the contractor’s efforts to ensure the participation of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns are in accordance with its subcontracting plan;
(d) Information on whether the contractor is requiring its subcontractors to adopt similar subcontracting plans;
(e) Immediate notice if, during performance, the contractor is failing to meet its commitments under the clause prescribed in 19.708(b) or the subcontracting plan;
(f) Immediate notice and rationale if, during performance, the contractor is failing to comply in good faith with the subcontracting plan (see 19.705-7(b) for more information on the determination of good faith effort); and
(g) Immediate notice that performance under a contract is complete, that the goals were or were not met, and, if not met, whether there is any indication of a lack of a good faith effort to comply with the subcontracting plan.