For the purpose of making affiliation findings see In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships; provided, that restraints imposed by a franchise agreement are not considered in determining whether the franchisor controls or has the power to control the franchisee, if the franchisee has the right to profit from its effort, commensurate with ownership, and bears the risk of loss or failure.
Email this Article Print This Article The Small Business Administration has announced major changes to the rules for its primary set-aside contracting program. The changes to the 8 a program were made in an effort to reduce fraud and make sure contracts go to deserving small businesses.
Joint Ventures —the 8 a firm is now required to perform at least 40 percent of the work of each joint venture contract awarded. Economic Disadvantage — the new rules clarify how economic disadvantage is determined related to total assets, gross income, retirement accounts and other factors.
Enforcement could remain problematic, though, since agencies are short-staffed and many procurement officials are too unfamiliar with the rules to administer them properly. I think we can all agree that ensuring contracting opportunities go to the right companies is a worthwhile goal. These changes are the first comprehensive overhaul of the 8 a program in over 10 years, and were made based partly on input from small business owners at public meetings held nationwide.
SBA announced the new rules on February 11 ; will become effective in 30 days on March 14, You can get full details on the revisions and a guide to the 8 a program at the SBA website.Contracts over $, can be set aside if enough small businesses are able to do the work.
Contracts over $, have to include a small business subcontracting plan so that small businesses can get work under these large contracts.
The contracting officer shall perform market research and document why a small business set-aside is inappropriate when an acquisition is not set aside for small business, unless an award is anticipated to a small business under the 8(a), HUBZone, SDVOSB, or WOSB programs. In other words, can a Small Business establish a CTA with a Large Business on a Small Business Set-Aside Task Order if the Small Business will perform 51% of .
Section of the Small Business Jobs Act of authorized discretionary use of set-asides against multiple award contracts (i.e. Multiple Award Schedules). This includes setting-aside orders to 8(a) contractors.
The provision did not authorize the use of sole . What Are Small Business Set-Aside Program? | wbe,mbe. A small business set-aside may be open to all small businesses.
A small business set-aside of a single acquisition or a class of acquisitions may be total or partial. (b) The determination to make a small business set-aside may be unilateral or joint. A unilateral determination is one that is made by the contracting officer.
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