Intro to Subcontracting

What is Subcontracting?

You’ve registered your business at the System for Award Management (SAM.gov or SAM) website and are looking to tap into the billions that the federal government awards in recession-proof spending. As a business owner, that’s a smart move; in Fiscal Year 2023 alone, the Federal Government Spent more than $745B in Government Contracts to Private Entities. [1] Getting just a tiny percentage of that can ensure your business will thrive, even in lean economic times.

Of that $745B, $72B went to Subcontractors, working for the Principal Awardees, The Prime Contractors. Many businesses just like yours begin their long, prosperous journey in working for the  Federal Government as a Subcontractor to a larger Prime. To best understand how this works, let’s start by defining the terms.

Prime Contractors, as defined by the Small Business Administration (SBA), are Contractors who:

“… work directly with the government. They manage any subcontractors and are responsible for ensuring that the work is completed as defined in the contract.” [3]

Prime Contractors are the main players responsible for fulfilling contract obligations. They benefit the most from partnering with government agencies. However, according to Federal Law, Prime Contractors classified as “Other Than Small Business” must subcontract some of their work to Small Businesses. They also have to follow a detailed process to show they’re meeting this requirement. In this training, we’ll discuss these responsibilities briefly. Understanding them will help you grasp why the government is keen on subcontracting and how it benefits companies like yours.

What a Subcontractor is:

“a business or organization that offers specialized expertise to prime government contractors.

 Since subcontractors are considered specialists in the federal government contracting industry, their responsibilities revolve around completing a specific area of the federal project given to them by their prime contractor. Suppose the prime contractor is awarded a federal contract requiring them to construct a new office for a government agency. The federal subcontractor may be assigned to supply the necessary materials, plan its interior design, or prepare the wiring and electrical diagrams. The job of the government subcontractor depends on their advertised expertise.” [4]

Per the Federal Acquisition Regulations (FAR) 19.702(a), any Prime Contractor designated “Other than Small Business” awarded a contractor greater than $750,000 in value ($1.5MM in Construction) must:

“Submit an acceptable subcontracting plan. If the apparently successful <prime contractor> fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the <prime contractor> will be ineligible for award.”[5]

As you can see, there is a requirement for the Prime Contractor to find a business just like yours to not just complete the contract with your needed skill and/or product, but to even be awarded! Later in our discussion we’ll go into a little more detail about the process involved with this expectation, and the tools for accountability the Federal Government uses to ensure compliance.

To become a subcontractor under this rule, you must qualify as a Small Business according to the Small Business Administration (SBA). You may think it’s a simple revenue calculation, but it’s actually a bit more complex. The criteria are laid out in a table in the Code of Federal Regulations (CFR), specifically 13 CFR 121.201. Take a moment to check out the table. You’ll see it’s organized by NAICS Codes, short for “North American Industrial Classification System.” These codes categorize small businesses based on their functions. Remember entering these codes during your SAM.gov registration? It’s crucial to have the correct NAICS Code in your SAM registration to benefit from subcontracting mandates outlined in FAR 19.702(a). NAICS determines your small business status.

Here are some examples from the CFR chart:

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213111 Drilling Oil & Gas Wells

Must be smaller than 1000 employees, no revenue restriction.

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311920 Coffee & Tea Manufacturing

Must be smaller than 1000 employees, no revenue restriction.

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445132 Vending Machine Operators

Less than $21MM in revenue, no restriction on number of employees.

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541511 Custom Computer Programming Services

Less than $34MM, no restriction on number of employees.

If your company fits neatly into the NAICS Code’s Small Business Guidelines, then you are a perfect candidate to be an in-demand Subcontractor.

Additionally, per FAR 19.702, if you are a business that falls into any of these classifications:

A

Veteran-Owned Small Business (VOSB)

A

Service-Disabled Veteran-Owned Small Business (SDVOSB)

A

HUBZone Certified Small Business

A

Small Disadvantaged Business (SDB)

A

Woman-Owned Small Business (WOSB)

You will receive preferential treatment in Subcontracting Opportunities. Even if you took the time to self-certify as one of these when filling out your SAM registration, you’ll still need to get the SBA Certification. Select GCR has a department that focuses solely on these Certifications with a 97% first time, quick approval rating. Contact your SGCR Federal Business Development Representative for more information on how we can help with this.

Subcontracting is a terrific way to get your feet wet in Federal Contracting. Rather than reporting directly to a Contracting Officer, you can work directly with the Prime Contractor who may not be bound by the strict letter of the Regulatory Requirements.

Here are other benefits of starting off as a Subcontractor:

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Quick and Easy

Add “Past Performance” additions to enhance your Capabilities Statement

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Prime Contractors

Especially the larger ones like you would find in “Top Primes” in SGCR Pro – often have large national contracts that they struggle to fulfill internally based on geography.

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Specialization

If your company is extremely specialized, you may struggle to find a Prime Contracting Opportunity for your specialization. By contrast, your specialized offering can often fill a gaping void in a Prime Contractor’s existing contracts.

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Contact

Prime Contractors based on our experience here at SGCR are, much more receptive to outreach than Contracting Officers are in general. [6]