Jump to content
The Wifcon Forums and Blogs

Sign in to follow this  
ohnoudidnt14

52.219-3 HUBZone Limitation on Subcontracting Issue

Recommended Posts

The following additional information does not provide much for the information to assist but thought I would share...

On March 18 I posted the following with the following HUBZone Helpdesk under my name...

"If a HUBZone contract is modified to the extent that a HUBZone firm can no longer

perform its required percentage of work (work is being deleted) does this effect the

firms eligibility and does it effect the contract as being a HUB setaside."

The response recieved on March 19 ...

"Good Morning,

Thank you for your interest in the HUBZone program. I suggest that you direct your

questions to your contracting officer or local SBA district. As long as you maintain

all aspects of the HUBZone eligibility we do not require additional information.

Please feel free to contact us with any questions, comments or concerns. Thank you!

V/r

HUBZone Helpdesk Team

BY

HUBZone offers eligibility assistance on Tue and Thu from 2-3pm ET via toll free

number: 1-888-858-2144 access code 3061773#. Participants influence the topics by

their questions. HUBZone staff facilitates the discussion by providing the answers

and introducing specific topics as time allows. This format offers the opportunity

to learn how to maintain eligibility to decrease the possibility of an initial

application being declined or being decertified after obtaining the HUBZone

certification.

If you are seeking answers about the status of your application or about the

supporting documentation list you have received, please email the individual who

sent you that request or hubzone@sba.gov<mailto:hubzone@sba.gov>. On the subject

line write the nature of your inquiry; for example: "general question," "mapping

question," or "application status request". We will do our best to respond within

two business days; and remember to check your email SPAM folder to make sure that

you are receiving emails from SBA. Some of our emails do not reach recipients

because certain email filters assume that our messages are spam, and block them

accordingly.

You may also request a 15 minute phone appointment with a member of the HUBZone team

by completing the HUBZone Analyst Appointment Form at http://www.sba.gov/hubzone/

and remember to periodically visit the HUBZone website for the latest information

regarding HUBZone Program."

"

Share this post


Link to post
Share on other sites

So much for contacting the SBA. I doubt that the person who wrote the response understood the question.

If anyone goes for the 15 minute phone call, please tape it. We can post it as an MP3 file to the thread looking for jokes.

Share this post


Link to post
Share on other sites

LOL @ Vern.

Carl, I may try to call-in to this meeting today and ask my question there too...we'll see what happens. At this point, I'm going to put it to the contracting officer in negotiations. If they think they have the authority to remove the clause from the contract, then I can always argue "apparent authority" even if someone down the line later rules that they didn't.

To Vern, don't worry, I wouldn't agree to it on a nudge and a wink..."put it in writing"!

Finally to Retread...sub is "small" too, no real concern about ostensible subcontractor issues.

Thanks to all.

Share this post


Link to post
Share on other sites
If they think they have the authority to remove the clause from the contract, then I can always argue "apparent authority" even if someone down the line later rules that they didn't.

Oh, no you don't!!!!

The concept of "apparent authority" does not apply to contracting officers and their representatives. See Cibinic, Nash and Nagle, Administration of Government Contracts 4th, 31 - 42.

Share this post


Link to post
Share on other sites

Vern...thanks for the tip, I will definitely look that up.

I logged into the telecon that Carl mentioned, asked my question...they couldn't answer and suggested I email my question to hubzone@sba.gov. Heck, we already know their answer.

Share this post


Link to post
Share on other sites

Ohno, the ostensible subcontractor rule applies when the sub is small also. The rule deals with affiliation, so that the two of you might be considered affiliated for size purposes. I don't know if that will make any difference in your case.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.
Sign in to follow this  

×