B11_Q_A_2_140L1726R0009_0004.pdf
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- BLM-NM RFO COMANCHE OXBOW FENCING
- Solicitation number
- 140L1726R0009
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This is a Questions and Answers document from a federal contract solicitation (140L1726R0009) addressing subcontracting limitations under FAR clause 52.219-14.
The Q&A clarifies the applicable self-performance requirement for a prime contractor assigned NAICS code 238990 (All Other Specialty Trade Contractors). The questioner asked whether the 50% minimum self-performance threshold for services applies to this construction specialty trade NAICS code. The government's response confirms that NAICS 238990 is classified as a construction NAICS code, making it subject to construction-specific subcontracting limits rather than the services-based rule. Consequently, the prime contractor is required to self-perform at least 25% of the contract work, not the 50% threshold that would apply to non-construction services. This determination establishes that construction-specific subcontracting regulations override the general services-based requirements in this case.
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Text version
1. Per section 52.219-14 Limitations on Subcontracting, section E, references 50% minimum for SERVICES (Except Construction) need to be completed by the Prime Contractor. 238990 - All Other Specialty Trade Contractors, as it is listed in Sam.gov, is the NAICS code for this project. As a result, would this not fall under a construction NAICS code, or specialty contractor/construction NAICS code?
NAICS 238990 is a construction NAICS (specialty trade), the prime contractor is only required to self-perform at least 25%, not 50%. The construction-specific subcontracting limits override the services-based rule in this case.
B11 Q&A 2 140L1726R0009
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