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What are the 'limitations on subcontracting' for a services set-aside contract?

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What are the 'limitations on subcontracting' for a services set-aside contract?

My firm is looking at a federal services set-aside, NAICS 541611, Business Consulting Services, for a Request for Quotation (RFQ) on GSA eBuy. We'd be the prime on this one. We've been talking with another small business about teaming, but I'm trying to figure out how much of the work we actually have to do ourselves.

I know there are rules about how much work a prime has to perform, but I'm confused about how they apply to a services contract. I've seen some mentions of 'similarly situated entities' and percentages, but the details are still fuzzy. What are the specific limitations on subcontracting for a federal services set-aside contract, and how does the concept of a 'similarly situated entity' affect those limitations?

asked Keisha W. Verified vendor8(a) firm founder, staffing and training · Atlanta, GA · 705 rep

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For a services set-aside contract, the prime contractor will not pay more than 50 percent of the amount paid by the Government to subcontractors that are not similarly situated entities, as outlined in FAR 52.219-14(e)(1).

This means that your firm, as the prime contractor, must perform at least 50 percent of the contract value with your own employees. The concept of a "similarly situated entity" allows you to count work performed by a subcontractor towards your 50 percent minimum, provided that subcontractor has the same small business status as your firm. For example, on an SDVOSB set-aside, an SDVOSB prime can subcontract to another SDVOSB, and that work counts towards the prime's performance requirement. If you team with a small business that does not share your specific small business status, their work would count against your 50 percent limitation. This rule ensures that the small business awarded the set-aside contract performs a significant portion of the work.

answered Luis A. Verified vendorSDVOSB founder, court reporting and legal support · San Antonio, TX · 758 rep

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Sign up to answerCite the FAR clause or procurement code where you can.