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FAR ClauseSmall Business

FAR 52.219-14Limitations on Subcontracting

Sets the percentage of work a small business prime must self-perform on a set-aside contract (currently 50% for services and supplies, with similar limits for construction).

When This Clause Applies

Applies to all small business set-aside contracts, including 8(a), HUBZone, SDVOSB, WOSB/EDWOSB set-asides above the simplified acquisition threshold.

What This Means for Contractors

Small business primes cannot 'pass through' the contract by subcontracting more than 50% of the contract amount to non-similarly-situated entities. The 'similarly situated entity' rule allows you to count work performed by other small businesses of the same category toward your self-performance requirement. Violations are False Claims Act-eligible.

Common Pitfalls

  • 1Not tracking the percentage during performance and discovering a shortfall at close-out
  • 2Treating 'similarly situated' too loosely — the sub must be the same small business category
  • 3Including indirect costs in the calculation (only direct labor and direct material count)
  • 4Failing to keep documentation supporting the self-performance percentage

Related Topics

FAR 52.219-14limitations on subcontracting50 percent rule small businesssimilarly situated entitysmall business self-performance

Need help complying with FAR 52.219-14?

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