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Found 1 result

  1. A recently posted NAVFAC solicitation for construction services under NAICS 237XXX as an EDWOSB set-aside identifies a 25% limitation on subcontracting. FAR 52.219-14 Limitations on Subcontracting confirms a 15% requirement for “General Construction” and a 25% requirement for “Construction by Special Trade Contractors”. Other agencies (USACE, VA) have concluded that “Special Trade Contractors” refers ONLY to NAICS 238XXX (I assume based on the Title of NAICS 238…“Specialty Trade Contractors”) and further conclude that 237XXX falls under “General Construction”. I plan to ask about this as an official question during the Q&A to the NAVFAC contracting office QUESTION 1 - Does anyone on this forum know of any definitive reference (or ruling) for determining which NAICS would fall under “general construction” vs. “special trade construction” as it applies to all of the various limitations on subcontracting clauses. QUESTION 2 - Can the CO, in ANY solicitation, supersede the FAR requirement(s) and impose a limitation on subcontracting higher than the FAR-required limitation. I ask because the FAR clause is not only incorporated by reference, but the 25% is explicitly stated in the solicitation. Of course, no mention is made of the 2013 NADA and “similarly situated entity” discussions, but I’m not really addressing those at this time. Any help that the forum can offer here would be greatly appreciated as I’m sure the answer would apply to SDVOSB and 8(a) set-aside acquisitions as well.
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