Limitations On Subcontracting: 1099 Contractor’s Work Didn’t Count

Under the FAR’s limitations on subcontracting clause, the work to be performed by a 1099 independent contractor did not count toward the prime contractor’s performance.

In a recent bid protest decision, the GAO held that a procuring agency properly rejected an offeror’s proposal because the offeror was relying, in part, on an independent contractor to meet its obligations under the limitations on subcontracting clause.

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SBA OHA Decides First EDWOSB Eligibility Appeal

My daughter is learning to take her first steps, while holding onto the furniture.  Yesterday, she started pushing her stroller around the living room, essentially using it as a walker.  My wife and I looked at each other and said something like, “things are about to get really interesting around here.”

Things are also about to get interesting when it comes to the women-owned small business program, and its subset, the economically disadvantaged women-owned small business program.  Ever since the WOSB program formally came into being last year, I’ve been saying that it was only a matter of time before WOSBs and EDWOSBs started protesting one another’s eligibility for WOSB and EDWOSB set-aside procurements.

Now, the SBA Office of Hearings and Appeals has ruled on its first WOSB appeal.  What happened?  Well, for one, all WOSBs should make sure their facsimile machines are in good working order before submitting another bid.

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