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  • Question

    Offeror wants to submit themselves "prime contractor" that happens to be a small business, hubzone and women owned and meeting the small business subcontracting goal requirement. This seems highly questionable and inappropriate. Is there any FAR reference, small business reference stating that this is allowable. Note: offeror is not a mentor-protege.


    Answer

    FAR 19.708(b)(1), which addresses the applicability of the clause at FAR 52.219-9,  states "...unless the acquisition is set aside." The clause at FAR 52.219-9 itself states in paragraph (a): "This clause does not apply to small business concerns." As a result, a proposal evaluation credit for subcontracting goals is not applicable to small businesses, as the clause itself is not applicable to small businesses. 

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