![]() This is a strong incentive for small business prime contractors to award subcontracts to similarly situated small businesses. Under section 1651, “amount paid” under a subcontract, including labor, material, and other direct costs, is used to determine the 50-percent subcontracting cap. Previously, the subcontracting limits in FAR 52.219-14 counted only direct labor costs. This provision also changes the method for calculating the 50-percent subcontracting cap. The term “similarly situated entities” includes service-disabled veteran-owned small businesses, HUBZone small businesses, women-owned small businesses, and economically disadvantaged women-owned small businesses. With the passage of NDAA, the amount paid under any subcontract with a small business concern that has the same small business status as the prime contractor is excluded from the small business subcontracting cap. Section 1651 of the 2013 NDAA provides a new exception to the small business subcontracting cap, which restricts small businesses from subcontracting more than 50 percent of the amount paid under a services contract. Subcontracts with “similarly situated” small businesses ![]() ![]() Here is a look at the most recent set of carrots and sticks, which appear in the National Defense Authorization Act for Fiscal Year 2013.ġ. ![]() It also continues to increase the penalties for those taking unfair advantage of small business opportunities. Congress continues to promote opportunities for small business contractors to do business with the federal government. ![]()
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