Subcontracting or teaming with a prime contractor can be a profitable experience as well as a growth opportunity for your business. If, after assessing the capabilities and capacity of your business, you conclude that you are not ready to bid competitively for prime contracts, consider the opportunities available through subcontracting. The experience gained from performing as a subcontractor can assist you in responding to solicitations as a prime contractor. Subcontracting, however, should not be viewed only as an opportunity for less-experienced business, but also as a vehicle to enhance your qualifications to become more competitive to perform as a prime contractor.
Over the years, several laws have been passed regarding subcontracting to small business. These laws require prime contractors having contracts that exceed the simplified acquisition threshold to provide maximum practicable subcontracting opportunities to small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small businesses. The clause "Utilization of Small Business Concerns," must be included in all federal contracts exceeding this threshold.
These laws, among other things, require that:
on contracts more than $500,000 (or $1,000,000 for construction of a public facility) large contractors and subcontractors submit subcontracting plans containing specific percentage goals for small businesses, HUBZone small businesses, small disadvantaged businesses, and women-owned small businesses.
subcontracting plans contain a description of the methods and efforts used to assure that small business enterprises have an equitable opportunity to compete for subcontracts.
subcontracting plans be submitted by contractors for review prior to the award of any contract; failure to comply in good faith with its approved plan may subject the contractor to liquidated damages or termination for default.
The requirement to submit a subcontracting plan does not apply to:
small businesses,
contracts under the prescribed dollar amounts,
prime contracts not offering subcontracting possibilities, or
contracts to be performed entirely outside the United States.
Recommendations
As a small business engaged in subcontracting, be sure you understand the terms and conditions of your contract with the prime contractor before agreeing to serve as a subcontractor. Ask:
How and when will I receive compensation from the prime contractor?
How much can I rely on the prime contractor for special tools, engineering advice, and information on manufacturing methods?
How will quality control and inspection procedures be applied to my subcontract?
Find Subcontracting Opportunities at SBA SUB-Net
Information courtesy of the Small Business Administration.
