Dear Ms. Fernandez:
We are writing to submit comments on the above-referenced Proposed Rule, issued October 6, 2015, 80 Fed. Reg. 60,300, to amend the U.S. Small Business Administration’s (“SBA”) regulations pertaining to small business subcontracting. Our firm represents a wide variety of firms operating across the government contracting spectrum. The intent of the Proposed Rule is to implement Section 1614 of the National Defense Authorization Act for Fiscal Year 2014. The relevant provisions of Section 1614 call for prime contractors with individual subcontracting plans to receive goaling credit for small business subcontractors performing at any tier, not just for the first tier subcontractors. While we believe many of the proposals are positive and will assist both large and small businesses working with subcontracting plans, we believe that there are several aspects of the Proposed Rule that could be amended to provide greater clarity and less burdensome outcomes for contractors administering subcontracting plans, particularly contractors that maintain commercial plans.
Please see full Comments below for more information.