Set-Asides & Socioeconomic Programs

Limitations on Subcontracting

The rule capping how much of a set-aside contract a prime may pass to non-similarly-situated subcontractors.

The limitations on subcontracting cap the share of a set-aside award that the prime may subcontract to firms that are not 'similarly situated.' For services and supplies, the prime may not pay more than 50% of the amount paid by the government to firms that are not similarly situated entities; for general construction the cap is 85%, and for specialty trade construction 75%. Work performed by a similarly situated subcontractor (e.g., another SDVOSB on an SDVOSB set-aside) does not count against the limit. Violations can lead to penalties and loss of the award.

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Related Terms

In the FAQ Knowledge Base

What are the limitations on subcontracting for SDVOSB set-asides?
How is the 50% supply contract rule calculated?

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