Limitations on Sub-Contracting

Started by jdetton · Nov 12, 2019 · 4 replies

  1. j

    jdetton

    Nov 12, 2019 · 6y ago

    Original post

    Can anyone provide FAR references for limitations of sub-contracting for full and open unrestricted solicitation?  From my understanding Small Biz is not required to submit sub-contracting plans, however large biz is required.

    52.219-14 Limitations on Subcontracting- This only applies to set-asides.

    52.219-27 -This only applies to SDVOSB concerns

  2. R

    Retreadfed

    Nov 12, 2019 · 6y ago

    There are none.

  3. j

    ji20874

    Nov 12, 2019 · 6y ago

    FAR 52.219-27 only applies to SDVOSB set-asides -- it does not apply to SDVOSB concerns outside a SDVOSB set-aside context.

  4. j

    joel hoffman

    Nov 13, 2019 · 6y ago

    Retreadfed said:

    There are none.

    Not entirely true. 

    1. For construction contracts see 36.501 and contract clause 52.236-1, Performance of Work by the Contractor.

    ”36.501   Performance of work by the contractor.

    (a) To assure adequate interest in and supervision of all work involved in larger projects, the contractor shall be required to perform a significant part of the contract work with its own forces. The contract shall express this requirement in terms of a percentage that reflects the minimum amount of work the contractor must perform with its own forces. This percentage is (1) as high as the contracting officer considers appropriate for the project, consistent with customary or necessary specialty subcontracting and the complexity and magnitude of the work, and (2) ordinarily not less than 12 percent unless a greater percentage is required by law or agency regulation. Specialties such as plumbing, heating, and electrical work are usually subcontracted, and should not normally be considered in establishing the amount of work required to be performed by the contractor.

    (b) The contracting officer shall insert the clause at 52.236-1, Performance of Work by the Contractor, in solicitations and contracts, except those awarded pursuant to subparts 19.5, 19.8, 19.13, 19.14, or 19.15 when a fixed-price construction contract is contemplated and the contract amount is expected to exceed $1.5 million. The contracting officer may insert the clause on solicitations and contracts when a fixed-price construction contract is contemplated and the contract amount is expected to be $1.5 million or less.”

    2.  See also: FAR 52.215-22 and FAR 52.215-23:

    52.215-22   Limitations on Pass-Through Charges—Identification of Subcontract Effort.

    52.215-23  Limitations on Pass-Through Charges

    Prescriptions: 15.408(n)(1), 15.408(n)(2).

    For some explanation and background info see:

    http://publiccontractinginstitute.com/far-52-215-22-and-far-52-215-23-limitations-on-pass-through-charges/

  5. J

    Jacques

    Nov 13, 2019 · 6y ago

    At the extreme, the provision at FAR 52.215-23, the clause at FAR 52.215-23, and agency steps at FAR 15.404-1(h) related to excessive pass-through are relevant to the extent to which an effort can be subcontracted.

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