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SBA Issues Final Rule Implementing Provisions of the 2013 NDAA Pertaining to Limits on Subcontracting
On May 31, 2016, the Small Business Administration issued a Final Rule implementing provisions of the 2013 National Defense Authorization Act, which pertain to performance requirements applicable to small business subcontracting, affiliation and joint ventures. Holomua Consulting Group submitted comments in response to the Proposed Rule and we are pleased to note that many of our comments were taken into consideration and our suggestions reflected in the Final Rule. The Final Rule takes effect on June 30, 2016. The following is a summary of the major points of the Final Rule.
SBA OHA: Compliance With Limits on Subcontracting Are Part of Responsibility Determination Not Size Determination
On October 29, 2015, the Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a decision in the Size Appeal of: Giacare and Medtrust JV, LLC, SBA No. SIZ-5690. The appeal, filed by GiaCare and Medtrust JV, LLC (an unsuccessful offeror) arose from a size determination which concluded that Global Dynamics, LLC (GDL) was not affiliated with its subcontractor, OMV Medical, Inc. (OMV) and was therefore a small business.
GAO Report on Defense Cybersecurity: Opportunities Exist for DOD To Share Cybersecurity Resources with Small Businesses
In response to a request by Senator Claire McCaskill (D-MO) to review how federal agencies monitor the work performed by subcontractors under 8(a) contracts, the GAO released a report on September 16, 2014 titled 8(a) Subcontracting Limitations: Continued Noncompliance with Monitoring Requirements Signals Need for Regulatory Change. The GAO previously considered this same issue in April 2006 and January 2012, and in both instances the GAO found that subcontracting limitations were not being monitored by contracting officers.