Contractor used their GSA MAS Small Business SubK plan instead of submitting a plan tailored to my acquisition

Reference FAR 19.705-1.

Thanks.  We have looked at FAR part 19 and while it says that only 1 subcontracting plan may exist for a contract, we weren't sure if the term "contract" covered the IDIQ and all resulting Task Orders or if each Task Order was considered a new contract and therefore could have it's own subcontracting plan.

A contract, including IDIQ types with their orders placed under, can have only only plan.  That’s the one the GSA CO accepted.  However an ordering agency can establish subcontracting goals for an individual order if they wish.  See FAR 19.705-1( b)(2) which says “Contracting officers placing orders may establish small business subcontracting goals for each order. Establishing goals shall not be in the form of a new subcontracting plan as a contract may not have more than one plan ( 19.705-2(e)).”

TaraBert said:

Thanks

While Former has answered a couple of thoughts -

Is the plain wording of the FAR not clear? From FAR 19.705-1 (b)(1) read in concert with (b)(2) which has already been quoted in this thread-"Except where a contractor has a commercial plan, the contracting officer shall require a subcontracting plan for each indefinite-delivery, indefinite-quantity contract (including task or delivery order contracts, FSS, GWACs, and MACs),"

Generally for GSA-FSS most contractors have a "commercial plan" and if so the GSA-FSS contractor is not required to have a subcontracting plan for the contract (GSAR 552.219-72 PREPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (JAN 2016)) .   If the contractor does not have a commercial plan then a subcontracting plan is  required.   A GSA-FSS contract could stipulate that no commercial plan or subcontracting plan is applicable to the GSA-FSS contract and therefore plans should be sought at the order level.  Rare, and in my experience I never experienced but it could happen via a deviation.

Consider having this at your fingertips for the future.   "MAS Desk Reference Guide"   Do an internet search you will find it and when you do search it on the word "plan"  you will find this - "v Subcontracting plans are already negotiated and issued at the MAS contract level and therefore are not required for orders"