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:
Executive Order 13495 has had a bit of a rocky past. Originally issued by President Clinton, the Order has been rescinded and then replaced, depending on the President’s political persuasions. After being reinstated by President Obama in 2009, many assumed that President Trump would have promptly rescinded it again.
Three years into his administration, President Trump has now acted: on Halloween, he rescinded Executive Order 13495.
In a solicitation seeking the award of a follow-on services contract, a procuring agency could validly disclose the number of incumbent personnel performing a particular function.
In a recent bid protest decision, the GAO held that this information was not proprietary or confidential to the incumbent, and that the incumbent was not competitively harmed by the release of the information.