Office of Procurement, Acquisition and Logistics (OPAL)

Applicable Regulation:  552.238-80 Industrial Funding Fee and Sales Reporting
Requirement & Due Dates:  All VA Schedule contractors are required to submit a quarterly sales report and IFF remittance within 30 days after the end of each quarter.

Both the sales report and IFF payment can be made through the VA Sales Reporting System.  If no sales have occurred under your firm’s Schedule contract, you are still required to submit a sales report indicating $0.  For more information and instructions regarding the quarterly sales report or IFF remittance, visit the Sales Reports & IFF page.

What Qualifies as a Schedules Sale?

The following shall be reported as FSS sales and the IFF collected and remitted:

1. Task or delivery orders referencing an FSS contract number.
2. Sales under Blanket Purchase Agreements (BPAs) awarded against FSS contracts.
3. Sales of items awarded under an FSS contract to a Government prime vendor that are ultimately shipped to a Federal Government activity, including sales of items awarded on the VA Strategic Acquisition Center’s Med Surge Prime Vendor (MSPV) program via Blanket Purchase Agreements (BPAs) against FSS contracts.
4. Orders placed under a Department of Defense Distribution and Pricing Agreement (DAPA) for the following schedules:  65 I B, 621 I, 621 II, and 66 III.

The following are sales that shall not be reported as FSS sales; therefore, an IFF subject to FSS contract terms and conditions shall not be collected and remitted:

1. Orders placed under a DAPA for the following schedules:  65 II A, 65 II C, 65 II F, 65 V A, and 65 V II.
2. Orders placed under the MSPV program when the orders are placed under an Indefinite Delivery type contract that was not solicited and awarded under FSS (i.e. as an open market procurement).

In support of agency acquisition missions, the System for Award Management is the primary registrant database for the US Government.  Information provided in your registration will be validated and shared with other authorized federal government offices and electronic systems.  Registration does not guarantee business with the federal government.

Applicable Regulations:

• 52.204-7 System for Award Management
• 52.204-13 System for Award Management Maintenance

Requirement:  All prospective contractors are required to register in SAM, at https://www.sam.gov, in order to be awarded an FSS contract.  Additionally, all current contractors must maintain their SAM registration in order to be considered for contract extension or a follow-on contract award.  Maintenance of this registration includes fulfilling any applicable reporting requirements and revising representations as necessary.

Due Date:  Vendors must register with SAM prior to submitting an offer or contract extension proposal.  Registrants must update or renew their registration at least once per year in order to maintain an active status.

SAM.GOV has a new login process!  The General Services Administration (GSA) now requires two-factor authentication for System for Award Management (SAM) users to login to their accounts.  This is being done to further increase security and deter fraud.

The U.S. Department of Labor (DOL), Veterans’ Employment and Training Service (VETS) collects and compiles data on the employment of veterans with Federal contractors and subcontractors.

Applicable Regulation: 52.222-37 Employment Reports on Veterans.

Requirement:  All FSS vendors are required to submit a VETS-4212 report.

Due Date:  VETS-4212 Reports are due no later than September 30^th each year. Additional information on the VETS-4212 Program is available online.

Applicable Regulations:

• 41 CFR 60-1 Obligations of Contractors and Subcontractors
• 41 CFR 60-2 Affirmative Action Programs
• 52.212-3(d) Offeror Representations and Certifications - Commercial Items

Requirement 1 - Affirmative Action Plan:  Each contractor (and their non-construction subcontractors) must develop and maintain a written Affirmative Action Plan for each of its establishments if it has 50 or more employees and:

1. Has a contract of $50,000 or more; or
2. Has government bills of lading which in any 12-month period, total or can be reasonably expected to total $50,000 or more; or
3. Serves as a depository of Federal funds in any amount; or
4. Is a financial institution which is an issuing and paying agent for US savings bonds/notes in any amount.

Requirement 2 – EEO-1 Reports: Firms are required to file Standard Form 100 (EEO-1) if:

1. Your firm is not exempt in accordance with 41 CFR 60-1.5;
2. Your firm has 50 or more employees;
3. You are a prime contractor or first tier subcontractor; and
4. You have a contract, subcontract or purchase order amounting to $50,000 or more, or serves as a depository of Government funds in any amount, or is a financial institution which is an issuing and paying agent for U.S. savings bonds and savings notes.

Due Dates:  If applicable, the AAP is due within 120 days after date of contract award and must be updated annually. The first EE0-1 report is due within 30 days of contract award (unless a report was submitted within 12 months preceding the date of the award), and subsequent EEO-1 reports shall be submitted annually, on or before September 30. Contact your local Office of Federal Contract Compliance Programs (OFCCP) branch for additional information on Affirmative Action Plan requirements. Additional technical assistance, including a sample AAP, is available on the OFCCP website.

VA Schedule contractors must maintain the required insurance in order to maintain their FSS contract.

Applicable Regulation(s) & Requirements:

• 66II Cost-Per-Test, Clinical Laboratory Analyzers
  52.228-5 Insurance-Work on Government Installation Coverage — All Contractors for 66III Cost-Per-Test, Clinical Analyzers are required to maintain general (space) liability insurance of not less than $500,000 per occurrence and property damage liability insurance.
• 621I Professional and Allied Healthcare Staffing Services
  852.237-70 Indemnification and Medical Liability Insurance — All Contractors for 621 I Professional and Allied Healthcare Staffing Services are required to maintain professional liability insurance of not less than $1 million per occurrence/$3 million aggregate.
• 621II Medical Laboratory Testing and Analysis Services
  852.237-70 Indemnification and Medical Liability Insurance — All Contractors for 621II Medical Laboratory Testing and Analysis Services are required to maintain malpractice liability insurance of not less than $1,000,000 per occurrence.

Due Date:  Contractors should submit copies of insurance certificates annually to their Contract Specialist as proof of regulatory compliance.

Applicable Regulation:  52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts.

Requirement:  All Schedule 621 I and 621 II contractors as well as offerors of services SINs A-200 (under Schedule 65 II A) and C-100 (under Schedule 65 II C) must report at SAM all services performed during the preceding Government fiscal year (Oct 1 – Sep 30) for orders under the contract that exceed the below thresholds established in FAR 4.1703(a)(2):

• All cost-reimbursement, time-and-materials, and labor-hour service contracts and orders with an estimated total value above the simplified acquisition threshold.
• All fixed-price service contracts awarded and orders issued with an estimated total value of $500,000 or greater.

The contractor’s report shall also include data reported by first-tier services subcontractors, based upon the same criteria outlined above.

Due Date:  Reports must be filed annually by October 31^st.

Applicable Regulations:

• 52.219-8 Utilization of Small Business Concerns
• 52.219-9 Small Business Subcontracting Plan
• 52.219-14 Limitations on Subcontracting
• 52.219-16 Liquidated Damages – Subcontracting Plan

Requirements:  A federal contractor that is a large business with further subcontracting opportunities and an estimated contract value of $750,000 or more is required to establish and maintain an acceptable subcontracting plan and file eSRS reports.

Due Dates:  Plans are due no less than 30 days prior to the expiration of the current plan. eSRS reports include the Summary Subcontract Report (SSR), to be submitted annually by all plan holders no later than September 30^th, and the Individual Subcontracting Report (ISR), to be submitted every six months by individual type plan holders only.

Download a sample subcontracting plan template and instructions on submitting the required eSRS reports via the Small Business Subcontracting Plan page!