The Catholic University of America

Summary of Federal Laws

Government Contracts

Small Business Act

15 U.S.C. § 631 et seq.; 13 C.F.R. § 125.1 et seq., 48 C.F.R. Part 3, 48 C.F.R. § 52.219-8, 48 C.F.R. § 19.708

Imposes requirements on subcontracting when involved in a prime contract with the federal government. The requirements apply to utilization of women-owned small businesses, small business concerns, and small business concerns owned and controlled by socially and economically disadvantaged individuals.

For contracts of at least (note dolloar amounts have been replaced with micro-purchase and simplified acquisition thresholdes)   if for construction of a public facility, the regulations require submission and approval of a subcontracting plan than includes percentage goals, plan administrator, maintenance and submission of records on compliance, and description of efforts to utilize small businesses.

For subcontracts over  (note dolloar amounts have been replaced with micro-purchase and simplified acquisition thresholdes)  the prime contractor is required to notify unsuccessful bidders of who received the bid when preferential treatment is involved.

The Federal Acquisition Regulation (FAR) clause must be put in contracts over a certain amount.  See 48 C.F.R. Part 13. 

The regulations also require a contractor to establish procedures to ensure timely payment of amounts due to these subcontractors. 

Corrections to Small Business Government Contracting Regulations, 83 Fed. Reg. 12849, April 25, 2018

Resources

 

SBA Governing Rules and Responsibilities *

 Inspector General Report March 19, 2018 on Small Business Subcontracting at Two Army Contracting Locations. 

 

 updated 10-3-18