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New Subcontracting Rule Proposed

A proposed SBA rule is aimed at ending “bait and switch” subcontracting.

The proposal, in the Oct. 5 Federal Register, requires a prime contractor to notify the contracting officer whenever the prime does not give any work to a subcontractor that was included in its proposal. The provision applies to construction contracts above $1.5 million and other contracts above $650,000, for which a subcontracting plan is required.

The new rule was mandated by the 2010 Jobs Act.

The rule would also require a prime to report to the contracting whenever it reduces payments to a subcontractor or when payments to a subcontractor are 90 days or more past due.

The proposed rule is RIN: 3245-AG23. Comments are due Dec. 5.


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