Project Name
Project No. ___________
UFC 4-214-02, TEMF, 24 July 03
LIMITATIONS ON SUBCONTRACTING.
Note that 8(a) or SDB set-aside contracts do not use the standard FAR Clause "PERFORMANCE OF
WORK BY THE CONTRACTOR". Instead, use a Statutorily prescribed clause, entitled "LIMITATIONS
ON SUBCONTRACTING." The purpose of the clause is to require personal supervision and control of
the contract work by the SDB firm and to require substantial personal work performance (to avoid
"brokering the work to non-minority firms). The definitions of self-performed work are substantially
different than for non- 8(a) contracts. The clause is shown below, along with information and a form for
use in Section 00110 "PROPOSAL SUBMISSION REQUIREMENTS" of the RFP for a competitive 8(a) or
competitive SDB set-aside contract.
52.219-14 LIMITATIONS ON SUBCONTRACTING (Jan 1991)
(a)
This clause does not apply to the unrestricted portion of a partial set-aside.
(b)
By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in
performance of the contract in the case of a contract for:
(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for
personnel shall be expended for employees of the concern.
(2) Supplies (other than procurement from a regular dealer in such supplies). The concern shall perform
work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
(3) General construction **. The concern will perform at least 15 percent of the cost of the contract, not
including the cost of materials, with its own employees.
(4) Construction by special trade contractors **. The concern will perform at least 25 percent of the cost
of the contract, not including the cost of materials, with its own employees.
(End of Clause)
**Specify, in Section 0110, "PROPOSAL SUBMISSION REQUIREMENTS", whether the contract is for
general construction or a single trade. This will clarify which sub-paragraph, (b)(3) or (b)(4), applies to the
specific project).
SECTION 0110, "PROPOSAL SUBMISSION REQUIREMENTS", SELF-PERFORMED WORK FOR
Competitive 8(a) or SDB Set-aside.
The following is suggested wording for inclusion in Section 00110 of the RFP:
"XX. Identify what parts of the project will be "self-performed" by in-house forces and the related cost for
each part, as defined below. Provide and illustrate the calculation for "percent of self-performed work", in
accordance with the definitions below.
XX.1 Definitions regarding self-performance of work by the Prime Contractor, in accordance with
Contract Clause: "Limitations on Subcontracting" (FAR 52.219-14):
XX1.1 The work in this contract is "general construction" for purposes of Contract Clause "Limitations on
Subcontracting."
XX.1.2 "Self-performed work" generally includes costs for: mobilization and utilization of owned or
rented plant and equipment to be operated by the contractor's own employees and labor associated with
the aforementioned equipment; contractor's own labor to fabricate or to install materials into the finished
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