Comment on FR Doc # 2011-25767

Document ID: SBA-2011-0009-0010
Document Type: Public Submission
Agency: Small Business Administration
Received Date: November 06 2011, at 12:00 AM Eastern Daylight Time
Date Posted: December 5 2011, at 12:00 AM Eastern Standard Time
Comment Start Date: October 5 2011, at 12:00 AM Eastern Standard Time
Comment Due Date: December 5 2011, at 11:59 PM Eastern Standard Time
Tracking Number: 80f671a7
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This is comment on Proposed Rule

Small Business Subcontracting

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We commend the SBA for establishing regulations that will discourage the "bait and switch" practices which have become common for federal prime contractors when dealing with their small business subcontractors. While the proposed rules will address cases where the primes do not utilize small business subcontractors, the language proposed would not address cases where the Prime issues a nominal subcontract but with significant down-scoping of the original proposed work share, which unfortunately is also common practice. We would request that the regulation be worded to also require reporting to the Contracting Officer when this case occurs. A suggested change to the language is below. "Large businesses will have to report to the contracting officer in writing when they fail to utilize a small business concern in contract performance when the prime contractor utilized the small business concern in preparing the bid or proposal. Large businesses will have to report to the contracting officer in writing when they fail to pay a subcontractor within 90 days or when they pay a subcontractor a reduced price OR WHEN THEY ONLY SUBCONTRACT IN PART FOR THE ORIGINALLY PROPOSED WORK EFFORT."

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