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    What takes precedence? Can I state in the solicitation that the Offeror has to preform the 50% and cannot use other Small Businesses to meet the requirement.


    Answer


     
    Please review GAO case for general guidance. 

    Only the prime's performance counts toward the 50%. See http://www.gao.gov/assets/380/379065.pdf
     
    In addition, if this is pertaining to 8(a), my suggestion is that you do the following:  First visit with your SBA Business Development Specialist with regard to your question(s).  Second, sit down and read, and re-read the Code of Federal Regulations that apply to the 8(a) Program, especially 13 CFR 124.  The FAR is good but quite honestly you are playing with your eligibility in the program and 13 CFR 124 should be your very first reference.  Lastly you might want to seek legal counsel that is experienced in the matters of 8(a).


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