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Representations & Certifications re: Subsidiaries


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I would appreciate some input regarding Reps & Certs received from companies that are subsidiaries of large businesses. We received a Rep Cert from a corporation with 27 employees. They are not claiming small business under the NAICS size standard of 500 employees because they are a "wholly owned subsidiary" under a very large business (fine).

However, when it comes to answereing "EEO Previous Contracts and Complaince Reports", they answered that they HAVE participated in previous contracts/subcontracts subject to EEO, but have NOT filed compliance reports because it has less than 50 employees.

In addition, for Affirmative Action Compliance, they answered "has NOT developed" AA programs because it has not previously had prime contracts or first tier subcontracts amounting to $50K or more when their parent organization clearly has.

My question is this: As a wholly owned subsidiary of a company that would be required to file EEO complainace reports and develop AA programs, can this subsidiary exempt itself on the above basis? I can't find anything on the SAM website or in FAR 4.12 which addresses this. Also, would the same be true for affiliates as it would subsidiaries?

Thanks for your input.

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If the legal entity has less than 50 employees, then it has less than 50 employees, right? Is there anything in the EEO rules that say the number of employees of affiliates are included in the computation? If not, they don't count.

The rule for small size status specifically address affiliates, saying the employees or revenues of affiliates count.

Just because one rule specifically reaches to include affiliates doesn't mean every rule has to.

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