1. Consider requiring that the prime contractor provide reasons why proposed subcontractors are not used in the performance of the contract.
2. Consider requiring that the contractor provide reasons why payments are withheld or late. Also consider reducing the 90 days to 30 days. For small businesses, 90 days without payment is a very long time.
3. The primary complaint I get is that there is no teeth in the regulations when prime contractors do not meet their goals. I've had prime contractors miss their subcontracting goals for literally years over several contracts, fail subcontracting program reviews and still continue to receive contracts. The program needs teeth. Perhaps mandate a reduction in profit, G&A rate, etc. , something to make subcontracting plan goals mean something.
4. Require the prime contractor to inform the subcontractor that the subcontractor has the right to appeal to the contracting officer when proposed subcontractors are not used in the performance of the contract.
5. Require a subcontracting program review once every two years (perhaps one or three but make it a mandatory schedule) if a prime contractor has active contracts with subcontracting plans.
6. Fix the definition of a "good faith effort".
7. Require that contracting officers document the file justifying an award to a prime contractor with a history of not meeting plan goals and not maintaining an active and vialbe subcontracting program within their firm.
Comment on FR Doc # 2011-25767
This is comment on Proposed Rule
Small Business Subcontracting
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