Tag Archives: Limitations on Subcontracting

Event: Small Business Contracting Update & 2021 Preview

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Fiscal Year 2020 is officially in the books. For small businesses in government contracting, it was a year of major changes–and many more changes are on their way in FY 2021.

On November 18, please join me (virtually) for “Small Business Contracting Update & 2021 Predictions,” sponsored by the National Contract Management Association, Boston Chapter. I’ll cover the biggest changes in FY 2020, from the HUBZone Program overhaul to WOSB certification to increases in the 8(a) Program economic thresholds. Then I’ll dust off my crystal ball and predict what’s on the way in FY 2021, including the long-awaited changes to the limitations on subcontracting and a revamping of the rules governing debriefings.

It’s easy to register: just click here. I hope to see you for this great pre-Thanksgiving event!

Limitations on Subcontracting: Step-by-Step, Plain English Guides

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In my legal career representing hundreds of small businesses in government contracting, few topics have caused as much confusion as the limitations on how much work can be subcontracted on small business set-aside contracts and sole source contracts (like 8(a) Program direct awards).

Earlier, working with my friends at Govology, I put together step-by-step compliance guides for service contractors, construction contractors, manufacturers, and nonmanufacturers. Each guide is written in plain English and includes examples to help demonstrate how the SBA’s limitations on subcontracting rule (13 C.F.R. 125.6) works in practice.

Here’s where to find my limitations on subcontracting guides:

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Protester Goes Seven for Seven in Arguments Before GAO

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Veterans of the bid protest process know that it’s not uncommon for a protester to make half a dozen arguments and prevail on only one.

Know what that’s called? A win. But when a protester goes seven for seven, you have to tip your cap.

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Raising the Roofs . . . and Floors: Acquisition Thresholds in the Time of Emergency

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As many contractors have heard, the President declared a state of emergency under the Stafford Act. What will this mean for acquisitions conducted while the COVID-19 emergency continues?

In this post, I’ll dig into some contractor-specific effects of that declaration: modifying the micro-purchase, simplified acquisition, and commercial purchase acquisition thresholds.

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SmallGovCon Year in Review: The Top Ten

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As we reflect on the end of 2019 and look forward to what 2020 will bring, it’s interesting to see what was noteworthy to our readers in 2019. To that end, I’ve compiled a list of some of our most popular posts from 2019.

2020 will certainly bring many more changes in the federal contracting world and SmallGovCon will be here to provide insight on all of them.

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Laptops to Get Nonmanufacturer Rule Waiver?

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The SBA said recently that it intends to issue a class waiver of the Nonmanufacturer Rule for laptop and tablet computers, freeing up small businesses to resell these products in bulk to the federal government.

The SBA recently announced its intent in the Federal Register, giving the public the opportunity to comment early in the New Year.

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New Avenue for SBA Protests: Ostensible Subcontractor Status Protests

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SBA has issued a final rule, effective December 30, that will now provide an avenue to protest situations where the prime contractor on a SDVOSB, HUBZone, or WOSB set-aside contract is subcontracting most or all of the work to a non-similarly situated—but still small business—concern.

It will also allow SBA to review eligibility for 8(a) Program contracts on this ground as well.

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